How did the lawyer help?
In this situation, all the facts testified against the accused. The necessary defense was not confirmed, since there was no real threat to Duleva’s life and health from the victim. It was quite difficult for the lawyer to find an opportunity to mitigate the punishment at least a little, but I succeeded.
- Have you or your family found yourself in a similar situation?
- Don't waste precious time, don't give up!
- The sooner you call, the greater the chance of a successful outcome!
8-916-061-64-01
The main argument was that the accused struck the victim as a result of a sudden hostility after he struck her several times. To do this, a number of witnesses were questioned, the necessary examinations were carried out, an investigative experiment was carried out, and a number of confrontations were carried out. The court took into account the presence of bodily injuries on the defendant's face. As a result, this became a mitigating circumstance that spared the defendant from actually serving her sentence.
How to get a suspended sentence under Article 111
Hello! My husband and his friend entered into an intimate relationship with an underage girl. When they met, she hid her age, although they asked her if she looked about 17-18 years old. In general, on this ill-fated day they drank strong drinks and got up in apartment and continued the “banquet” playing strip cards. According to the husband, the following happened: - the girl entered the room and called her first husband, they had intimacy, after which she called another guy and the same thing happened to him. After these actions, she was with another the guy went to his house, went to the store and bought more strong drinks there, and on the way to the house they had another intimate relationship. Arriving at the other guy’s house, his grandmother did not want to let her in, to which she did not go anywhere , but simply continued to stand outside his apartment, saying that she had nowhere to go to spend the night, after time and much persuasion, the grandmother took pity and let her home with her. In general, after all the sexual acts committed, it became known that this guy had previously met with her adult sister and they did not part with her very well. In general, this girl told everything to her sister where, what and with whom she had done, and she took her to write a statement of rape. Forensic experts refuted this fact, since there were no signs of violence, but opened a case of sexual relations with a minor. Our lawyers advised us to write a confession, thereby complicating the case. There was a trial, they gave the husband 12, and the other 13 years. What to do now and how to reduce the term, because this term is very long, especially since at the time of the crime they did not know her age and she was not against entering into a relationship with them, and the girl at the time of the crime was far from a virgin and leads an immoral lifestyle at the age of 13, she walks until the morning, may not come home, drinks and smokes, her mother does not worry about her and does not look after her. This girl is periodically seen in drunken companies with men worse than her. According to some sources, she entered into an intimate relationship with a 30-year-old man. Of course, I do not justify my husband at all and I believe that must be punished, but in the form of suspended imprisonment, or a maximum punishment of 3-4 years, but not 12 years. After all, he is a normal, adequate person, 2 higher educations, graduated from college with honors, he has very good characteristics, and so do we. dependent on a 4-year-old daughter. If he knew about her age, he would not even talk to her. Peers and classmates of this girl also confirm and testify in court that the girl communicates with older people and that she leads such a lifestyle as I wrote, but the court apparently didn’t take this into account. And before the trial, this girl’s family asked for a ransom, if we bought her a car, they would take the testimony, but at that time they couldn’t record it on a tape recorder, or rather, they didn’t even think about it. Evidence in fact, there is nothing against them, but due to the incompetence of the lawyers, they wrote an appearance, and this is already significant. What to do in this situation, how can I reduce the sentence, I really ask you to help me in this situation, I really hope that you can tell me what what to do, or where to go or collect some other evidence against this girl and prove that she has such a lifestyle, please tell me. I’m waiting for an answer to my cry from the soul! Thank you in advance.
…
Under Part 4 of Article 111 of the Criminal Code of the Russian Federation, you cannot count on a suspended sentence, but you can certainly count on a more lenient sentence based on the mitigating circumstances you described. This is stated in Article 62 of the Criminal Code of the Russian Federation
CRIMINAL CODE OF THE RUSSIAN FEDERATION
Article 61. Circumstances mitigating punishment
1. The following are recognized as mitigating circumstances:
a) committing a crime of minor or medium gravity for the first time due to a random combination of circumstances;
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
b) the minority of the perpetrator;
c) pregnancy;
d) the presence of young children with the perpetrator;
e) committing a crime due to a combination of difficult life circumstances or out of compassion;
f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence;
g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction;
h) illegality or immorality of the behavior of the victim, which was the reason for the crime;
i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime;
(paragraphs “and” as amended by Federal Law No. 141-FZ dated June 29, 2009)
j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim.
2. When assigning a punishment, circumstances not provided for in part one of this article may be taken into account as mitigating circumstances.
3. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as an element of a crime, it in itself cannot be taken into account again when assigning punishment.
Article 62. Imposition of punishment in the presence of mitigating circumstances
1. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code.
2. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article Special part of this Code.
3. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code.
4. In the event of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code.
5. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in in the case specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed.
Call
Did the answer help you? Yes No
