The Pervomaisky District Court of PR sentenced a particularly dangerous repeat offender.

CrimeaPRESS reports:

The Pervomaisky District Court of the Republic of Crimea sentenced a local resident for intentionally causing grievous bodily harm dangerous to human life, committed with the use of an object used as a weapon.

The court found that a particularly dangerous 25-year-old criminal, at the beginning of May 2023, drinking in the company of people and already being intoxicated, on the basis of personal hostility, took a folding knife out of his pocket and using it as a weapon, deliberately inflicted 3 knife blows to the victim. The victim, after being stabbed, was urgently hospitalized at the local central district hospital and promptly operated on. Having assessed the collected evidence in its entirety, the court came to the conclusion that the defendant’s guilt was proven and qualified his actions under paragraph “h” of Part 2 of Art. 111 of the Criminal Code of the Russian Federation as intentional infliction of grievous harm to health, dangerous to human life, committed with the use of an object used as a weaponnoted the press service of the court.

The defendant admitted his guilt in full.

When assigning him the type and amount of punishment, the court took into account the nature and degree of public danger of the crime he committed, classified as serious, directed against life and health, information about the personality of the defendant, the impact of the imposed punishment on the correction of the defendant and the living conditions of his family, as well as the circumstances mitigating and aggravating punishment

The court recognized as mitigating circumstances the presence of three young children of the perpetrator, active contribution to the detection and investigation of the crime, admission of guilt and sincere repentance for the deed, being dependent on one minor child and his wife.

The court considered the arguments of the defense to recognize the specified mitigating circumstances as exceptional and to apply Article 64 of the Criminal Code of the Russian Federation as untenable, because The presence of circumstances mitigating the punishment on the part of the defendant does not in itself entail the imposition of a punishment below the lowest limit established by the sanction of the article. According to Part 1 Art. 64 According to the Criminal Code of the Russian Federation, these circumstances must be exceptional, but they were not considered in this criminal case.

But the court recognized recidivism and committing a crime while intoxicated as aggravating circumstances.

Recidivism of crimes is formed in accordance with Part 1 of Art. 18 of the Criminal Code of the Russian Federation, since at the time of the commission of the crime the defendant had unexpunged and outstanding convictions for committing intentional crimes classified as grave, for which he had already been sentenced by the Pervomaisky District Court of the Republic of Crimea in August 2018 and April 2019 to real terms of imprisonment freedom.

The court recognized recidivism of crimes as particularly dangerous in accordance with paragraph “a” of Part 3 of Art. 18 of the Criminal Code of the Russian Federation, and when assigning punishment for especially dangerous recidivism of crimes, the court in accordance with Art. 68 of the Criminal Code of the Russian Federation took into account the nature and degree of public danger of the previously committed crime, the fact that the corrective effect of the previous punishment on the defendant turned out to be insufficient, as well as the nature and degree of public danger of the newly committed crime.

Grounds for changing the category of crime in accordance with Part 6 of Art. 15 of the Criminal Code of the Russian Federation to a less serious one, application of the provisions of Art. Art. 73, 64, part 3 art. 68 of the Criminal Code of the Russian Federation, as well as to release the defendant from punishment or pronounce a sentence without imposing punishment.

By a court verdict, a local resident was found guilty of committing a crime under paragraph “h” of Part 2 of Art. 111 of the Criminal Code of the Russian Federation was sentenced to 3 years and 6 months of imprisonment to be served in a special regime correctional colony.

The court changed the preventive measure in the form of house arrest to a preventive measure in the form of detention, taking him into custody in the courtroom after the verdict was announced.

The court’s verdict did not enter into legal force.

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