Bashkirova was sentenced to five years in a penal colony. Photo courtesy of the press service of the Solntsevsky Court.
To understand the words of the judge who read out the verdict to 19-year-old Moscow student Valeria Bashkirova, you had to try hard. (Pandemic. Journalists are not allowed into the courts; after the hearings, the press service sends out photos and videos of the verdicts to those interested - Author). The backing vocals of a woman in a robe are the accused herself. For every word of the sentence, she lets out two sobs, so loud that the judge’s words are almost inaudible.
“Five years of imprisonment to be served in a penal colony,” is the verdict.
When the bailiffs went behind bars to escort the condemned woman into the escort car, Valeria burst into tears.
- Forgive me, for God's sake. Let me go to my mother...
FATAL DAY
Just four months ago, everything was fine in Valeria Bashkirova’s life. She is a student at RANEPA. She has a good family and a beloved young man. On July 16, the girl was driving a Mazda donated by her parents along Aviator Street in Solntsevo. Wonderful weather. Sun. And suddenly this same pedestrian crossing...
At that time, the student had been driving a car for only 7 months. A car driving in the right lane slowed down before the crossing and stopped. But Bashkirova continued driving, not paying attention to it. Her car flew straight into people - at that moment a woman with three children was walking through the zebra crossing. Two boys - the youngest was 4 years old, the eldest 5 years old - died. The impact at a speed of about 60 kilometers per hour was so strong that children were buried in closed coffins.
The culprit of the accident admitted guilt within the first hours. But at first I was looking for an excuse. For example, Bashkirova stated that she was allegedly blinded by the sun. However, this version did not make it to trial. It was refuted during an investigative experiment: at the hour of the accident, the sun was behind the car and could not in any way interfere with either drivers or pedestrians. The cause of the fatal accident is incredibly banal - the young driver at that moment violated all the traffic rules prescribed for such situations. She didn’t slow down at the zebra crossing, didn’t look around when she approached the crossing.
The relatives of the dead children did not make a show of the trial. Both not only refused to communicate with journalists, but also withdrew from the trial.
Whether they are happy with the sentence or consider it too lenient, one can only guess. Alas, nothing will bring back the dead guys.
Will my son be sent to prison if he committed theft at the age of 14?
Hello. Will my son be sent to prison if he committed theft at the age of 14?
Lawyer Antonov A.P.
Good afternoon According to Parts 1-3 of Art. 158 of the Criminal Code of the Russian Federation, theft, that is, the secret theft of someone else’s property, is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred and sixty hours, or by correctional labor. for a term of up to one year, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years. 2. Theft committed: a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, a bag or other hand luggage that were with the victim - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. 3. Theft committed: a) with illegal entry into a home; b) from an oil pipeline, oil product pipeline, gas pipeline; c) on a large scale; d) from a bank account, as well as in relation to electronic money (in the absence of signs of a crime provided for in Article 159.3 of this Code) - is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for the period from one year to three years, or forced labor for a term of up to five years with or without restriction of freedom for a term of up to one and a half years, or imprisonment for a term of up to six years with a fine of up to eighty thousand rubles or in the amount of wages or other income convicted for a period of up to six months or without it and with restriction of freedom for a period of up to one and a half years or without it. According to Article 20 of the Criminal Code of the Russian Federation, a person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for murder (Article 105), intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126), rape ( Article 131), violent acts of a sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft (Article 166 ), intentional destruction or damage to property under aggravating circumstances (part two of Article 167), a terrorist act (Article 205), undergoing training for the purpose of carrying out terrorist activities (Article 205.3), participation in a terrorist community (part two of Article 205.4), participation in activities terrorist organization (Part two of Article 205.5), failure to report a crime (Article 205.6), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), participation in an illegal armed group (Part two of Article 208), hijacking of an aircraft or water transport or railway rolling stock (Article 211), participation in mass riots (part two of Article 212), aggravated hooliganism (parts two and three of Article 213), vandalism (Article 214), illegal acquisition, transfer, sale, storage , transportation or carrying of explosives or explosive devices (Article 222.1), illegal production of explosives or explosive devices (Article 223.1), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic or psychotropic drugs substances (Article 229), disabling means of transport or means of communication (Article 267), encroachment on the life of a state or public figure (Article 277), attack on persons or institutions that enjoy international protection (Article 360), an act of international terrorism ( Article 361). If a minor has reached the age provided for in parts one or two of this article, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) or direct by them, he is not subject to criminal liability. According to Article 88 of the Criminal Code of the Russian Federation, the types of punishments imposed on minors are: a) fine; b) deprivation of the right to engage in certain activities; c) compulsory work; d) correctional labor; e) restriction of freedom; f) imprisonment for a certain period. A fine is imposed both if the convicted minor has independent income or property that can be levied on, or if there is none. A fine imposed on a convicted minor may, by a court decision, be collected from his parents or other legal representatives with their consent. A fine is imposed in the amount of one thousand to fifty thousand rubles or in the amount of the wages or other income of the convicted minor for a period of two weeks to six months. Compulsory work is assigned for a period of from forty to one hundred and sixty hours, consists of performing work that is feasible for a minor, and is performed by him in his free time from study or main work. The duration of execution of this type of punishment by persons under the age of fifteen years cannot exceed two hours a day, and by persons aged from fifteen to sixteen years - three hours a day. Correctional labor is assigned to convicted minors for a period of up to one year. Restriction of freedom is imposed on convicted minors as the main punishment for a period of two months to two years. Punishment in the form of imprisonment is imposed on convicted minors who committed crimes under the age of sixteen for a period of not more than six years. For the same category of minors who have committed particularly serious crimes, as well as for other convicted minors, punishment is imposed for a term of not more than ten years and is served in educational colonies. Punishment in the form of imprisonment cannot be imposed on a convicted minor who committed a crime of minor or medium gravity for the first time at the age of sixteen, as well as other juvenile convicts who committed crimes of minor gravity for the first time. When a convicted minor is sentenced to imprisonment for committing a grave or especially grave crime, the lower limit of punishment provided for by the relevant article of the Special Part of this Code is reduced by half. If a juvenile convict who has been given a conditional sentence has committed a new crime during the probationary period that is not particularly serious, the court, taking into account the circumstances of the case and the identity of the perpetrator, may re-decide on a conditional sentence, establishing a new probationary period and assigning fulfillment of certain duties provided for in part five of Article 73 of this Code. According to Article 90 of the Criminal Code of the Russian Federation, a minor who has committed a crime of minor or moderate gravity may be released from criminal liability if it is recognized that his correction can be achieved through the use of compulsory educational measures. The following compulsory educational measures may be assigned to a minor: a) warning; b) transfer to the supervision of parents or persons replacing them, or a specialized government body; c) imposition of an obligation to make amends for the harm caused; d) restricting leisure time and establishing special requirements for the behavior of a minor. A minor may be simultaneously assigned several compulsory educational measures. The period for applying compulsory educational measures provided for in paragraphs “b” and “d” of part two of this article is set at a duration of from one month to two years when committing a crime of minor gravity and from six months to three years when committing a crime of medium gravity. In case of systematic failure of a minor to comply with a compulsory educational measure, this measure, upon the proposal of a specialized government body, is canceled and the materials are sent to bring the minor to criminal responsibility. Thus, if the value of the stolen property did not exceed 250,000 rubles (parts 1 and 2 of Article 158 of the Criminal Code of the Russian Federation), then the court will most likely assign you compulsory educational measures. According to Part 3 of Article 158 of the Criminal Code of the Russian Federation, it is possible to assign a suspended sentence.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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CRIME AND PUNISHMENT
By the way, during the high-profile trial, many sincerely sympathized with Bashkirova. It is clear that she is guilty. But at every meeting the girl cried, turning to the mothers of the accident victims, asking for forgiveness. There were people who groaned: 19 years old, still very young, almost a child herself, and now prison will probably derail her entire future life...
The prosecutor asked for 6 years in prison for Valeria Bashkirova. The court sentenced her to five years, but in a penal colony. And, if you look at it, such a sentence does not at all look like a disaster for the convicted person.
Experts, of course, first of all compare this case with the case of actor Mikhail Efremov, who received 7 and a half years in a maximum security colony for a fatal accident with one victim. Why did they give the girl less? The answers are obvious. Firstly, she immediately admitted her guilt, and did not organize a circus in the style of “I don’t remember anything, it wasn’t me.” Secondly, a medical examination showed that she was sober at the time of the accident.
“A colony-settlement is a completely different matter: no barracks, no guards with machine guns, no uniform, no daily routine with curfew and wake-up,” the famous Moscow lawyer Leonid Olshansky explained to kp.ru. — In a colony-settlement, a girl will be able to rent a house from some grandmother on the territory, she will be able to study at the institute remotely, and without restrictions invite her mother, father, lovers, in the end. The only prohibition is that you cannot leave the territory of the settlement. And I don’t want to live like this. As for five years, at first glance, the judge gave a lot. This is practically the ceiling for this article. But it is quite possible to reduce this period. She has already spent 4 months in a pre-trial detention center, which is two days in terms of the term of imprisonment. In addition, after a third of the term, she will be able to apply for parole. So in two years - and this is the maximum - he will return to his parents.
Also, according to the court decision, Valeria Bashkirova will have to pay the relatives of the dead children 4 million rubles.
It is again proposed to tighten punishment for crimes against the sexual integrity of children
Draft Law No. 1248305-7 has been submitted to the State Duma, which proposes to amend Part 5 of Art. 131 “Rape” and Part 5 of Art. 132 “Violent acts of a sexual nature” of the Criminal Code of the Russian Federation in order to strengthen criminal liability for committing crimes against the sexual integrity of minors.
In particular, the bill proposes to extend the maximum penalty of life imprisonment to pedophiles for repeated sexual assault against minors under 18 years of age. At the moment, the sanctions are part 5 of Art. 131 and part 5 of Art. 132 of the Criminal Code provides for imprisonment for a term of 15 to 20 years or life imprisonment as a maximum punishment. At the same time, liability for these crimes occurs only in cases where the crime was committed against a minor under 14 years of age, and was committed by a person who has a criminal record for a previously committed crime against the sexual integrity of a minor. In addition, the bill proposes to expand the application of the above norms by establishing the maximum penalty for committing rape (violent acts of a sexual nature) against two or more minors, as well as for committing the crime in question involving the commission of another grave or especially grave crime.
The explanatory note notes that since the proposed changes are being made to the already existing norms of the Criminal Code, the bill does not provide for corresponding amendments to the Code of Criminal Procedure, and therefore, according to the general rules, the preliminary investigation of these crimes will be within the competence of investigators of the Investigative Committee of the Russian Federation. At the same time, the authors of the amendments recalled that such criminal cases are within the jurisdiction of the supreme court of the republic, a regional or regional court, a federal city court, an autonomous region court, an autonomous district court, and a district (naval) military court.
According to the project developers, expanding the potential of existing sanctions, based on the degree of public danger of the crimes in question, will make it possible to more effectively use life imprisonment as a punishment, and will also improve the existing means of criminal legal protection of the sexual integrity of minors.
It is worth noting that this is not the first bill aimed at increasing liability for crimes against the sexual integrity of minors. As AG previously reported, in February 2021, amendments were made to the Criminal Code and the Code of Criminal Procedure, which proposed changing the procedure for the limitation periods for undetected crimes against young children. According to the proposal of the authors of the project, such periods will not run until the victim of sexual violence reaches the age of majority.
Why do you get 6 years in prison?
Question about a criminal case regarding an accident. A fatal accident occurred, killing three people. The culprit was driving on a secondary road, violated a stop sign and crashed into a car driving on the main road. In the victims’ car, everyone died; in the perpetrator’s car, only the driver was injured; in his car there were two more of his minor children. By the verdict of the Rostov-on-Don military garrison court, he was guilty under Part 5 of Art. 264 of the Criminal Code of the Russian Federation, sentenced to 3 years in prison in a general regime colony. Although the next day the judge demanded that the sentence be returned, citing a technical error, saying that 3 years in a penal colony was correct. I refused to return a copy of my verdict and wrote a complaint against the judge to the North Caucasus District Military Court.
As mitigating circumstances in the sentence, the judge referred to:
(excerpt from the verdict)
— When assigning a sentence to the defendant, the court takes into account that he was brought to criminal responsibility for the first time, repented of his crime, was characterized positively during the period of military service and was awarded departmental awards for length of service, has two dependent young children, took measures to compensate for the damage caused by the crime, however, this was rejected by the victims.
During this year, the culprit of the accident did not even offer condolences to the victims. He did not reimburse us a penny for material costs or moral damage. At the trial, false testimony was given, a deliberately incorrect diagram of the accident, and deliberately false examinations. We managed to refute the false road accident diagram and the examination, which was recorded in the case materials. The culprit even offered to exhume the bodies of the victims.
I was recognized as a victim, since my parents died in the accident. On the advice of a lawyer, the sister was not brought forward as a victim, since this would not have affected the amount of moral damage.
I was pregnant when the accident happened, which led to premature birth later. When the first hearing was scheduled, I had a baby in my arms, I wrote a petition to the court to postpone the hearing. I didn’t attend the first 2 meetings because I couldn’t go because of my child. When I arrived at the 3rd hearing, the judge told me, you will now be a listener, your lawyer will represent you, and he shut my mouth until the debate!
They filed a claim for compensation for moral damage in the amount of 2 million rubles. When the judge asked the culprit how much he could compensate me for moral damage, he said 300 thousand rubles. Those. for two daughters of deceased parents, he can give only 300 thousand rubles. In the verdict, the judge ordered him to pay 300 thousand.
About the culprit - his wife is unemployed, 2 young children (4 and 7 years old), before the accident he was paying off a loan for his Nissan Qashqai, but as he said in court that he continues to pay it off, this was not documented. He is a border guard major (already a former one), according to him, he received an average of 25 thousand a month.
Now we are going to file a cassation appeal with the North Caucasus District Military Court in connection with the leniency of the punishment.
I have a sentence of 3 years of general imprisonment. My lawyer has a 3-year sentence in a penal colony. I did not receive any document refuting the correctness of my verdict.
Questions:
1. What to do with sentences? Which sentence is it better to appeal against? What is the procedure for correcting or invalidating a verdict issued to participants in the process against signature?
2. Is it possible and should I add my sister as a victim? Will this change the amount of moral damage?
3. Should my lawyer write kasac. Complaints refer to specific pages of the case?
4. Are they given a general regime colony under Part 5 of Article 264 of the Criminal Code and in what cases?
5. What mitigating circumstances does a judge have the right to take into account when sentencing a convicted person?
6. How does a judge calculate the amount of moral damage to victims? Based on what?
7. Will the presence of the press influence the cassation process? Can writing an article in newspapers help us win the cassation?
Torture, beatings and single pickets: why in Russia you get three years in prison
Russian opposition activist Ildar Dadin received three years in prison for his solo pickets and participation in anti-government protests. He stood with posters in support of Ukraine, French cartoonists from Charlie Hebdo and in support of Alexei Navalny, for which he was repeatedly convicted under administrative charges. For the first time in Russian history, a court sentenced a person under the new criminal article 212.2 – “for repeated violation of the rules for holding a public event.” 75-year-old activist Vladimir Ionov is now being tried under the same article . However, a three-year sentence can be obtained not only for expressing dissatisfaction with the authorities. Almost the same amount is given in Russia for torture and the sale of components for weapons of mass destruction abroad:
3 years
each was received by former police officers in Karachay-Cherkessia, who tortured the person with electric shock and tried to extract a confession. In June 2015, the republic's prosecutor's office reported that the verdict had not entered into legal force.
3 years 7 months
– this is how much former police officer Valery Mochalov received for torturing people whom he forced to write confessions . One of them, a citizen of Uzbekistan, suffered a ruptured liver from beatings. Others were tortured with electric shock and other methods - people then wrote confessions under dictation. At first, Mochalov was sentenced to six years in prison, but then the term was reduced to three years and seven months. He has already served two-thirds of his sentence (including 16 months of house arrest) and may qualify for parole.
3 years probation
received by policeman Sergei Oralin in the city of Engels, Saratov region , for abuse of power: when the man refused to go with him to the police station, he attacked him, sprayed tear gas in his face and began beating him when he fell. The man was carrying a child in his arms. Oralin received a three-year suspended sentence with a probationary period of three years and a ban on “engaging in certain activities” for two years. The person involved in a similar case in Veliky Novgorod received a real three-year sentence .
3 years probation
- this is how much Alexander Dyakov received Dyakov worked as director of the Institute of Reactor Materials (as part of Rosatom). In addition, the court imposed a fine of 100 thousand rubles on Dyakov. The institute sold materials to six countries, including Germany and the USA. At the same time, the export of such materials requires certification in Russia.
3 years of strict regime
– this is how much you can get for publishing images of an “extremist and nationalist nature” on a social network .
This sentence came into force against Tula resident Alexander Nikonov - from October 2013 to October 2014, he published such images on his personal VKontakte page and thereby “actively publicly influenced citizens with the aim of instilling in them the determination and desire to commit acts of an extremist nature against specified groups of persons."
*** However, not all high-profile cases end with their defendants serving their entire sentences. The ex-police major, who shot his neighbor, served only three years out of five and was released under an amnesty .
Former Defense Ministry official Evgenia Vasilyeva was also amnestied - she was imprisoned for less than three years (out of five) for the theft of 3 billion rubles. In one of the other high-profile cases, the daughter of an Irkutsk official, Anna Shavenkova, knocked down two women - one to death, and the second was left disabled. In 2011, Shavenkova was sentenced to 2.5 years in a penal colony with deferment, and in 2015 she was given an amnesty, so she did not spend even a day in prison . It also happens the other way around: Oleg Navalny, the brother of opposition leader Alexei Navalny, who was sentenced to 3.5 years, was recently transferred to a detachment with strict detention conditions and was repeatedly placed in a punishment cell.
