🏆We congratulate Ruslan Bekuzarov, attorney of Shkrebets and Partners, on receiving an acquittal in the High Anti-Corruption Court.
⚡The client was found not guilty and acquitted under Part 2 of Art. 364 of the Criminal Code of Ukraine.
❕As noted by the defense during the trial, during the investigation of this criminal offense, the small place is not the reclassification of the committed offense (which the prosecutor insisted on), but the illegal replacement of one criminal offense, for which a pre-trial investigation has been initiated, with another criminal offense, a pre-trial investigation on which in accordance with Part 1 of Art. 214 of the Criminal Code of Ukraine has not been initiated, but the indictment against a specific person for committing this criminal offense has been sent to court. That is, in this case there were significant violations of the requirements of part. 1, 3 and 5 Art. 214 of the CPC of Ukraine.
The court of the 1st instance, having examined the case materials, agreed with the statement of the defense and noted that “The qualification of a crime consists in the established correspondence between the signs of a specific socially dangerous act and the signs of a crime defined by the norms of the criminal law. The Criminal Code of Ukraine does not limit the discretionary powers of the prosecuting party to change the legal classification of the crime. At the same time, it is obvious that ab haedis segregare oves in this case did not change the previous legal qualification, but replaced the objective side of the criminal act, in respect of which a pre-trial investigation was carried out from the moment the information was entered into the ERDR. In particular, the event and stage of the commission of the criminal offense, the time, place, method and other circumstances of the commission of the criminal offense, as well as the type and amount of damage caused by the criminal offense, have changed. As already mentioned, the only legal course of action for the investigator in this case is the separate entry of information about the crime into the EDPR with a new number and date of the proceedings, and, accordingly, the proper start of the pre-trial investigation and the collection of evidence in such new proceedings, carried out by the pre-trial body there was no investigation.”
🏆We congratulate the team of Shkrebets and Partners with the wonderful news and offer to familiarize yourself with the verdict in case No. 991/7639/21.