The appellate court of the Nikolaev area was left without changes by the resolution on closing of criminal proceedings concerning doctors of maternity hospital No. 1 of Nikolaev which chief physician is the former deputy of city council Evgeny Volokhov.
Have reported about it in a press - service of court.
We will remind, earlier it was reported that that on a dock there were three doctors of maternity hospital No. 1, they were accused of inadequate execution of the professional duties that has led to death of the girl - women in labor. However, the court has even not begun production consideration in fact as the prosecutor has declared the petition that as just at once terms of involvement of defendants to criminal liability have expired, there are bases for release them from responsibility and closing of criminal proceedings. Later court I have exempted from liability Volokhov.
As it is noted in the message, «having heard appellants, the representative of the victims, the defender of three defendants, having studied case papers and having applied standards of the current legislation in the form of the motivated decision» , the board of judges left the resolution without change, and appeal complaints - without satisfaction.
«The appellate court motivated the decision with the fact that the current legislation for crimes of small weight a prescription established period 3 years. The crime provided p.1 by Art. 140 of the Criminal code of Ukraine is a crime of small weight therefore and on drawing up the indictment, and for the period of consideration of criminal proceedings in court of the first instance the limitation period has expired as events have taken place in 2008, - it is said in the message. Though, according to victims, actions of defendants contain the structure of a criminal offense provided by the p. 3 of Art. 135, but such charge of a pretrial investigation by body isn't brought and the suspicion of commission of the specified criminal offense wasn't reported».
«As the court considers criminal proceedings within the brought charge, and during preparatory court session the issue of change of charge wasn't resolved, the decision of the Central district court is recognized lawful and reasonable» , - have explained in court.
At the same time in court have noted that this resolution can be appealed in a cassation order in the Supreme specialized court on consideration of civil and criminal cases.
We will remind, earlier it was reported that inhabitant Nikolaeva Olga Zhukova at whom at the end of 2008 the daughter Marina Kapustina later after the delivery has died several days, intends and further to try to obtain recognition of fault of doctors city maternity houses No. 1, exempted from criminal liability in connection with lapse of time. She counted that court Volokhova finds guilty.
