On Thursday, April 4, the Lenin court of Nikolaev pronounced a sentence in the matter of Igor Naumenko, which accused of a crime according to p.1 Art. 263 of the Criminal code of Ukraine—storage of firearms and fighting supplies without the permission provided by the law.
The court satisfied the application of prosecutor's office and I appointed to it punishment under this article—two years of imprisonment.
So, the court decided that Naumenko's wine it is proved by the proofs investigated by court. And indications which disproved participation of the businessman in illegal storage of the weapon, the court didn't take into account, referring to that witnesses who gave these evidences, are interested persons.
- Taking into account stated the court finds Naumenko's fault in commission of crime proved and qualifies it under article of 263 parts of 1 Criminal code of Ukraine as acquisition and storage of firearms and ammunition without the permission provided by the law. Thus takes into account that the fault of the defendant is proved by the proofs investigated by court. Namely received during carrying out on the bases of the resolution of court in the order of a search established by the law to data on storage on a residence of the defendant of fighting supplies and the weapon on which the traces left by the defendant are withdrawn.
About artificial creation of proofs on business by law enforcement officers the court treats indications of the defendant critically as by court it isn't established such circumstances. So, the search was carried out with participation of witnesses who testified correctness of carrying out this investigative action, and didn't point to any violations in its carrying out that was confirmed also with indications interrogated by court as witnesses of workers the Organized Crime Control Department of UMVD of Ukraine in the Nikolaev area.
About artificial creation of proofs concerning the defendant and non-participation it to commission of crime the court doesn't take the indication of witnesses Leonenko, Zhidin, Zozuli, Basalik into account.As these persons as it was established by court, are in certain relations with the defendant and are interested persons.
The message of the defendant on destruction by investigation authorities of the proofs testifying in its advantage, namely records from surveillance cameras, round his house where, according to the defendant, illegal actions of employees of militia were recorded, doesn't find court reliable as isn't established the facts of removal of the specified records.
At purpose of punishment the court considers that the defendant committed a crime of average weight. Face of the defendant, we don't judge, it is characterized positively, has four children given about his participation to criminal group, absence softening and aggravating punishments, considers necessary to appoint punishment in the form of imprisonment within the sanction of article of 263 parts of 1 Criminal code of Ukraine. Being guided by articles 323, 324 Criminally - the procedural code of Ukraine of 1960,the court sentenced Naumenko Igor Borisovich to find guilty of the commission of crime, provided by article 263 part of 1 Criminal code of Ukraine, and to appoint punishment in the form of imprisonment for the term of 2 years, - I announced a sentence the judge Dmitry Zakharchenko.
We will note that эthat the minimum term provided on this article of charge. For 15 days from the date of sentence delivery by the defendant the appeal can be submitted.
We will remind, earlier, state charge focused attention of court that Naumenko's wines it is proved completely and circumstances, which could extenuate fault of the businessman, in criminal case isn't present.
It is known that Igor Naumenko, which is known in certain circles as «Naum» and, according to information GUBOP of the Ministry of Internal Affairs of Ukraine, positioned himself as «looking» , fall of 2012 I was it is detained on suspicion in illegal handling of the weapon.
Naumenko already repeatedly declared that the weapon to it threw militiamen also I told how investigators on its business often change.
Thus colleagues of the defendant declared that militiamen removed the video file, where it is photographed as they throw the gun.
In more detail about business it is possible to read in the publication: «To execute it is impossible to pardon» : Court on a home straight in «Naum» .