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NAME OF UKRAINE

May 25, 2010 the Board of Judges of the Chamber of Criminal Appeals Court Nicholas
region consisting of:
Chairman: I. Homika
Judges: Karpiya VM VI Grebenyuk
with: Attorney Maksymyshyna OL
Defender shuffler Y.

considered in open court in Nikolayev criminal appeal defender shuffler Y. death sentence Snigurivs'ka District Court Mykolayiv region of 22 March 2010, which shuffler O., INFORMATSIYA_1, born with. Novovolodymyrivka Bereznehuvatskoho region Mykolaiv region, a citizen of Ukraine, with complete secondary education, idle, not working, dopryzovnyka, living Maliivka, previously convicted -
- Convicted of Part 2, Article. 307 Criminal Code of Ukraine on 5 years' imprisonment with confiscation of property which is his property.
The problem of physical evidence in the case of compensation and legal costs.
According to the sentence shuffler O. convicted and sentenced for what it around the end of August 2009, more accurate date and time at trial is not installed on the plots at the place of his residence Maliivka tore leaves and inflorescences of the genus cannabis plants dried up and his podribnyv than illegally purchased and produced at least 3.8 g is particularly dangerous narcotics - kanabisu who illegally kept for sale at designated places near their homes.
August 25, 2009 about 20.00 pm. during the operational procurement of drugs for shuffler O. place of residence, working with healthy motives, intentionally illegally zbuv person under the pseudonym Onischuk Shevchenko 50 USD. is particularly dangerous narcotic - kanabis weight of dry matter crushed 3,8 g.
Furthermore, September 26th, 2009 at approximately 16.30 hrs. during the operational procurement of drugs for shuffler O. place of residence repeatedly illegally for 100 USD. zbuv person under the pseudonym-uncompleted "Kravchenko" raw cannabis leaves and inflorescence - especially dangerous narcotic - kanabis, whose weight on dry basis is 10.0 g.
In the appeal defender shuffler Y. requests to cancel the sentence, and criminal prosecutor to return for further investigation, referring to the discrepancy of findings case to court and laying the basis for a sentence of evidence derived from significant criminal - procedural law.
Recalls the decision to institute criminal charges sales reports unknown person and employee VBNON Major Hodyka Alexei Vladimirovich - RO Bereznehuvatskoho employee of 25.08.2009 on the sale of citizen Onischuk Shevchenko drugs unknown citizen, without pointing out what and who is a violation in these documents;
differences testimony of a witness TRYFONENKO AV According to the court and on his preliminary investigation (A. p. 13.); change in the court testimony of a witness - the second shopper, whose nickname-uncompleted "Kravchenko, in terms of its presence in the operational procurement of 25.08.2009, at 21.30 hours. (A. pp. 79).
Considers evidence shopper-uncompleted "Kravchenko" unreliable and inadmissible, and refusal to petition the court sentenced shuffler O. questioning how to witness his brother shuffler GU to confirm the alibi convicted of episodes from 25.08.2009, the one which violates the right to defend the convicted.
Also considered a violation of Art. 174 Code of Ukraine on the identification of convicted episode operational procurement of 25.08.2009, through the interrogation of witnesses Onischuk Shevchenko, S. Korn, A. TRYFONENKO
Claims: that a witness shuffler Yu.Yu. (native brother convicted) to stay in the village last. Sebino after Independence Day a few days, indicating the lack of evidence on episodes of operational procurement 25.08.2009 City; that the court found no confirmation of the purchase of its September 26, 2009, production, storage and distribution of narcotics citizen-uncompleted "Kravchenko" shuffler is O.
Recalls deprivation of counsel and the court sentenced opportunities to put the witness - a person under the pseudonym "uncompleted," Kravchenko "- in violation of Art. Art. 260, 261, 263 No. 7, 303 handheld Ukraine, p / "d" Clause 3 of art. 6 of the Convention on Human Rights and Fundamental Freedoms (Rome, 4 November 1950), by questioning the witness in closed court .
Also considers unacceptable proof record of the search of 27.09.2009 on the discovery of the convicted money between the buttocks, referring to findings of no specific examination of biological traces convicted of seized money for personal search data protocol convicted of 26.09.2009 on the nevyyavlennya money; on the discrepancy between these in the protocol for the glow of trousers and shorts last; awareness of witnesses KOZLOV MV and MARTINYUK IV on voluntary extradition was convicted of money 27.09.2009
Argues for the application to the convicted illegal methods of inquiry, resulting in a final obmovyv.
Considers that the pre-trial period was extended on the basis of forged materials up to 3 months and then up to 4 months, according to appellant resulted in the illegal adoption of several resolutions Bereznehuvatskoho district court sentenced extension of detention in custody.
In addition, claims of violations of the court:
the last word defendant numerous questions to judge the past and believes it is definitely a reason to cancel the conviction on the basis of article 13 of part 2, art. 370 PDA;
secret meeting of judges;
Copyright convicted use their own - in Russian - the language and an interpreter.
Considers that the verdict rendered illegal in the composition of the court, referring to a judge Jaworski N. hearing March 19, 2010 after the registered office of the court in a written statement of withdrawal of counsel from 03.19.2010, the judge also said that the two trials, the 19/03/2010 and 22/03/2010 was a prosecutor Dyachenko DA bias led to a court verdict.
After hearing the report of the judge, counsel Y. shuffler in support of the appeal, according Attorney Maksymyshyna OL about leaving the sentence unchanged after learning of the criminal case materials, discussing the arguments of appeal, the panel of judges said it is not subject to satisfaction of the following reasons.
The following sentence in the conclusions of guilt shuffler O. committing a crime in circumstances established by the court, match facts of the case, alleged in court researched and detailed evidence in a court verdict.
Thus, a witness - a person under a pseudonym - Onischuk Shevchenko, the court affirmed that the year 25.08.2009 took part in the procurement of drugs as a buyer for what police received money from the amount of 200 USD. The same day, along with witnesses and employees Bereznehuvatskoho RO on the car "Chevrolet" went in with. Maliivka Bereznehuvatskoho area. On the instructions of Comrade O. shuffler and with him came to court seller whither went off. He (witness) was left waiting in the car with witnesses and police. Soon with the shuffler O. went off from the courtyard and went away, and the shuffler O. brought the car crushed and dried grass hemp nasypanu the lower front of his shirt, which it was to wear in court. Shuffler O. peresypav cannabis in this file that was in the car. Shuffler O. gave at his request in 1950 USD. With whom he went to the center of the village. File with hemp handed police officers, who sealed it. The remaining unused money in the amount of 150 USD. police officers also returned.
Adoption of the appellant and the inadmissibility of evidence nedostovirnist shopper-uncompleted "Kravchenko" baseless, as the defender of appeal is given its own interpretation of the evidence that has nothing to do with the indications that this witness gave the court.
Witness TRYFONENKO AV in court confirmed that around the end of August 2009 he, as concepts, participated in conducting operational purchase drugs at a guy in the village. Maliivka Bereznehuvatskoho area. Was present with other witnesses in preparing for the procurement, in reviewing the buyer and the buyer remains in the service of copied money in four denominations face value of 50 USD. Together with other witnesses, police and the buyer in a car "Chevrolet" went in with. Maliivka Bereznehuvatskoho area. Seen after a conversation with the buyer guy in the shirt tail, which was dressed and brought to the car where they were waiting for him, crushed dry hemp. Shopper took the machine file, which sells cannabis peresypav this. The file was then sealed, and the labels were put signatures. Also shopper police officers returned three denominations of 50 USD. That he remained purchases.
Adoption of the appellant on the differences testimony of a witness TRYFONENKO AV in court and those he gave during the preliminary investigation on the well. pp. 13, unfounded, since in that case sheet contains an explanation of the witness, who, under the provisions of art. 65 Code of Ukraine, is not evidence in the case. Evidence in the case in this case is that witness testimony in court that the court gave a proper assessment. But his testimony during questioning by the court for pre-trial investigation is not investigated and therefore not subject to assessment of force requirements in Part 2, Article. 323 PDA Ukraine.
Explanation of these witnesses Onischuk Shevchenko and AV TRYFONENKO court agreed with proven indications for pre-trial investigation witness Korn SV, according to which he was invited by police witnesses during the operational procurement of drugs in the shuffler O. and was witness purchases. Detail the circumstances and given money shopper Onischuk Shevchenko, awarding last inspected by taking money from the relevant protocols, arrival by car "Chevrolet" was azom with other concepts, the buyer and the militia in the village. Maliivka Bereznehuvatskoho area. In front of the house upynyly car shuffler O. as police officer said. Onischuk Shevchenko called the owner and it went shuffler O. as police officer said. After their conversation shuffler O. went to a yard, shopper approached the car in which they all are. Within minutes shuffler O., nose in something that hem sweater, approached the car. Onischuk Shevchenko took the machine file, which shuffler O. peresypav dry crushed green substance with a specific odor - cannabis. Onischuk Shevchenko return gave the seller 50 USD. one notes that bring shorts with pockets. Then in the car Onischuk Shevchenko gave police officers the file specified with hemp and three denominations of 50 USD. That he remained purchases. Package was sealed, the labels have been delivered and was signed a protocol on operational procurement (A. pp. 33 - 34).
Thus testimony Onischuk Shevchenko, AV TRYFONENKO Korn and S. consistent with each other in terms of date, time, place and circumstances of the operational procurement of drugs in the shuffler O. 25.08.2009 year, indicating a somewhat unusual way of selling cannabis, which condemned brought buyers to the car in the hem of his sweater, which was put on on the condemned and in court and that shopper recognized in court, as well as peresypannya this drug to file, taken in the car buyers.
In addition, indications of these witnesses (Onischuk Shevchenko, A. and Korn TRYFONENKO SV) as agreed among themselves and with the following rigorously reviewed by a court of evidence.
Yes, according to the number 270 on the purchase of operational from 20.08.2009 year, coordinated with the Deputy Prosecutor Nicholas II region Borshulyakom 20.08.2009, has been decided to hold a prompt purchase narcotics - 4 match boxes kanabisu to 5 g each worth 200 USD. in shuffler O., 1989, the birth place of his residence in the village. Maliivka Bereznehuvatskoho region Mykolaiv region, of which the citizens entrusted with modified data-Onischuk ShEVChENKOta-uncompleted "Kravchenko (A. pp. 4).
Since census data protocols and review the bills from 25.08.2009 year is considered that the presence of witnesses TRYFONENKO AV Korn and S. to conduct operational procurement numbers and were replaced four series of notes par 5 0 USD. These four bills for operational measures were issued pre-boarded Onischuk Shevchenko, who counted them and put in back pocket shorts (A. pp. 5 - 6, 7).
According to the protocol operational from 25.08.2009, the purchase, which held the period of 20.05 hr. to 22.10 hrs. in the private office number 8 Bereznehuvatskoho RO UMVD copied banknotes money 4 of 50 USD. of $ 200 USD. prepared by the protocol of the census with witnesses and with the participation of witnesses was reviewed Onischuk Shevchenko entrusted with carrying out operational procurement kanabisu in OSOBA_13, which was also compiled a separate protocol. After these actions Onischuk Shevchenko, two witnesses and police went in with. Maliivka Bereznehuvatskoho district where the car in front of the house upynyly shuffler O. After speaking with Onischuk-shuffler O. Shevchenko went to court, but a few minutes approached the car and handed Onischuk Shevchenko bulk green substance that they put together in a plastic file format and paper - 4. Then Onischuk Shevchenko in due place in the presence of witnesses voluntarily gave police officers file with crushed green substance - kanabisom - and three denominations of 50 USD., Explaining that he purchased the substance indicated in the shuffler O. 50 USD. The uploaded file with the substance was placed in a package that was stitched Tags signed witnesses and Onischuk-ShEVChENKOi sealed. The money in the amount of 150 USD. were taken to the Ministry of Internal Affairs Bereznehuvatskoho RO for further operational use, which made the relevant certificate (A. pp. 8, 10).
With the expertise of narcotic drugs, psychotropic substances and precursors from 18.11.2009 № 1702 year is considered that provided a study published Onischuk-SHEVCHENKO25.08.2009 of vegetable matter in dried and crushed condition, has signs of botanical plants of the genus cannabis contains tetrahydrocannabinol and related to especially dangerous narcotics - kanabisu (marijuana); kanabisu mass in terms of dry matter - 3.1 grams. According to expert opinion number 2582 dated 26.08.09, the mass kanabisu given to primary research - 3.8 grams (A. pp. 25 - 28),.
In addition, proven by the court testimony of shuffler O. preliminary investigation as a suspect and the accused is considered that it highlighted the visit in late August to his car brand Chevrolet "strange guy Onischuk Shevchenko, who asked to sell cannabis. Sold it for 50 USD. dry crushed hemp, which brought the car in its nasypavshy Podol their shirts. That cannabis personally gathered in the garden. With the car still sat where the men went Onischuk Shevchenko, who crushed peresypav cannabis in polymer package file type. Onischuk Shevchenko gave 50 USD. Also, at the request Onischuk Shevchenko gave him your cell phone number in case of need in order to acquire cannabis (A. pp. 65, 89).
Regarding allegations of appellant alibi O. shuffler in connection with like - that his taking the morning 25.08.2009 in the village. Sebino Novoodeska region Mykolaiv region, confirmed OSOBA_10 witness, the trial court assessed a similar statement convict, his counsel and witness testimony indicated that treated them critically, right roztsinyvshy them as fictional and as an attempt to witness shuffler Yu.Yu. help native brother shuffler O. avoid criminal liability. The court correctly noted that the witness could not play in his memory the day of arrival to it shuffler O. and his departure.
Furthermore, as perceived from the court records, witness shuffler Yu.Yu. not claimed the court that sentenced shuffler O. came to him just by 25.08.2009. Instead, he speculated that his brother (convicted shuffler O.) could come to him and 26 August 2009 (A. pp. 308).
Remarks to the court records in this part of the appellant and sentenced in accordance with the law have been reported.
Specified, together with a set given evidence refutes the existence of appellant convicted shuffler O. alibi on the first episode of 25.08.2009, the prosecution established the court granted.
The foregoing demonstrates that the claim and convicted appellant of the existence of the latter is a form of alibi defense and convicted attempt to avoid responsibility for the committed.
Thus, in any case no - that objective data to confirm the absence versions appellant convicted of place of residence at the time of purchase operational by 25.08.2009.