The judge fined for sentencing without consideration of the case

A young magistrate from Ivanovo will have to pay 150 000 rubles fine for what he passed sentence, without considering case. Two years ago the judge received the case about petty theft. But the hearings for various reasons, repeatedly postponed. When the time began to draw in, the judge issued the verdict and sentenced the accused year of the colony. However, as it turned out on appeal that the meeting was not even held. This was confirmed by the assistant Prosecutor, Secretary of court session and other persons.


photo: Natalia Gubernatorova

In 2015, the world judge Dmitry Lushpai considered a criminal case of petty theft. These meetings are continually postponed, in particular, from-for absences of participants of process.

As follows from the text of the verdict published on the website of the Frunze district court of Ivanovo, at some point the state Prosecutor said the Statute of limitations and the possibility of releasing the accused from criminal responsibility for this reason. Further events developed at an accelerated pace. The judge promptly ruled — he found the accused guilty of theft and sentenced him to a total of a year in a strict regime colony. And then freed from punishment for the above reason. The document was executed by all the rules, it was listed in the names of the Prosecutor, defender, defendant, Secretary and even appeared to the accused, who was allegedly disagree with the verdict. In fact, no meeting was not.

The circumstances of the making of fictitious verdict came to light during the appeal fee. The lawyer of the accused said that overall she was not present. The court clerk on the date specified in the judgment, was on study leave. However, according to the document, which featured her name, she was present in the moment. From the testimony of the Prosecutor is the picture that the judge intentionally went to such a risk. When the woman learned that the meeting is once again postponed, she went to the office to the magistrate, and heard from him that the sentence he “will make today in any case.” The Prosecutor tried to reason with the man, but he insisted.

Dmitry Lushpai admitted his guilt partially. The incident, he explained “the enormous workload and lack of sleep”. He also disagrees with the charge in the issuance of an unlawful judgement, and insists that it is merely improperly issued a decision on termination of criminal proceedings in connection with the lapse of time. In addition to lack of sleep, a man refers to the small experience and over-reliance on the opinions of his colleagues that he considered it authoritative.

However, the court did not agree with his arguments. Judges felt that their former colleague had deliberately made an unjust sentence for several reasons. First, in order to conceal the improper organization of its work, and secondly, because of the reluctance to conduct the trial in compliance with legal procedures.

The court sentenced him to a fine of 150 000 rubles. Earlier Lushpai voluntarily pay the victim moral damages in 70 000.

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