The Supreme court held that the recognition of the so-called Donetsk people’s Republic and Luhansk people’s republics terrorist organizations on the state level is not a prerequisite for conviction of their members for terrorism. About it reports a press-service of the Supreme court.
“To bring the person to criminal responsibility under article 258-3 of the Criminal code of Ukraine (“Creation of terrorist group or terrorist organization”) does not require a decision of state authorities on the recognition of certain activities of the terrorist”, – said in it.
This conclusion was made by the panel of judges of the Second judicial chamber of the Cassation criminal court in the composition of the sun, considering the case of a woman who helped members of the criminal organizations and hid their criminal activities.
“So, the sentence of Dzerzhinsky city court of the Donetsk region on 15 February 2017 M convicted that it is to facilitate members of the criminal organization established contact with a man who was in Gorlovka, Donetsk region, and gave this person information of the nature of intelligence in respect of units of the Armed forces of Ukraine, located in the city of Taracce and its environs,” the statement reads.
Although the pre-trial investigation body had charged M charges under part 1 of article 258-3 of the criminal code of Ukraine (“Other support activities of a terrorist organization”), the court of first instance retrained its actions on part 1 of article 256 of the criminal code of Ukraine (“in Advance not the promised assistance of the members of the criminal organizations by providing information”).
The latter came from the fact that there is no court decision or legislative act, which “DNR” as terrorist organization.
With the reasoning agreed and the court of Appeal of Donetsk region, however, in the opinion of the Supreme court, the court of Appeal did not consider that the concept of terrorist organization defined in article 1 of the law of Ukraine “On combating terrorism” and article 28 of the criminal code of Ukraine. A terrorist organization designated as a criminal organization with terrorist activities.
Thus, the Supreme court reversed the decision of the court of Appeal and appointed new trial in the court of appeal.