HIV Legal Aid. Региональная сеть правовой помощи людям с ВИЧ

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Decisions of national courts

The verdict of the Krasnogvardeisky District Court of St. Petersburg, issued on September 30, 2014


In the course of quarrel Sh., the patrol police officer of St. Petersburg, caused to the victim, sex worker K., grievous bodily harm, and, having neglected the possible consequences for her life, forced her in the car and took out of the city without making any attempt to provide a medical assistance to the victim. As a result of her injuries and being left without a medical assistance, K. died in the car of the accused after some time. The accused Sh. pulled K.’s body out of the car and hid it in the countryside.

Sh. did not deny the fact of having the conflict with K. and that he had stabbed her several times, but he claimed that it was due to the need to protect himself against K.’s attacks. Also, according to his allegations, Sh. never imagined that the bodily harm caused by him to K. could damage her health, not to mention causing the death of her. Because of that, Sh. had not attempted to provide her a field medical care. Sh. explained that the fact of her death had put him into a state of shock, being in which Sh. had not reported about K.’s death and had her body hidden outside the city.

The Court concluded that the allegations made by Sh. were untenable.

The Court considered that in comparison with K. Sh. was much more stronger physically, he was actively engaged in sports and had a sufficient degree of boxing skill and worked for the Ministry of Internal Affairs for a long time; while working, Sh. was repeatedly trained and sent to participate in operations in the North Caucasus, and was receiving a higher degree of legal education at the time of committing the actions ascribed to him.

Having considered the available evidence, the Court critically assessed the arguments of the defendant that he was forced to defend himself against K., as well as the defendant’s lack of awareness about the location of vital organs in the human body. Also, the Court could not agree with the arguments of Sh. about his being a shock, which prevented him from helping the victim and not allowed reporting the incident to the law enforcement authorities within a few days after the criminal incident, despite the fact that he had returned to work.

The Court noted the Sh.’s contradictory testimonies, which were repeatedly changed depending on the stage of criminal proceedings, as well as on obtaining more objective evidences by investigation.

The Court concluded that the actions of Sh. could not be regarded as a necessary defense or exceeding its limits, since the Court found no evidence that the aggrieved K. could make such a need. The Court admitted committing a premeditated crime by the Internal Affairs Officer as a circumstance for aggravating punishment of the defendant. The Court did not see any exceptional circumstances related to the goals and motives of the crime.

The Court found Sh. guilty of an intentional and exceptionally serious crime and sentenced him to imprisonment for eight years in a penal colony with a strict regime.

The text of the judgement in Russian (see the link)


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Важнейшие проблемы, стоящие перед людьми, невозможно решить на том уровне мышления, на котором мы находились, создавая их
Альберт Эйнштейн


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