The appeals court refused the prosecution in the conviction of a dead insurgent Givi

Апелляционный суд отказал прокуратуре в осуждении погибшего боевика Гиви

Appellate court of Dnipropetrovsk region has returned to the Prosecutor’s office indictment against militant “DNR”, the commander of the battalion “Somalia” Mikhail Tolstoy, known as “Givi”. About it reports a press-service of the judiciary.

“The court of appeal of Dnipropetrovsk region was returned to the Prosecutor’s office indictment against the commander of the battalion “Somali” self-proclaimed “DNR” by nickname “Givi” and left without satisfaction the appeal complaint of Prosecutor’s office ruling Pavlograd district court of 5 April 2018 at the petition of the Prosecutor to conduct the trial in criminal proceedings on charges of “Givi”, – stated in the message.

Note that the militants “Givi” is accused of committing criminal offenses under part 1 article 258-3, part 2 of article 28 part 2 article 437, part 3 of article 27 part 3 of article 258, part 2 of article 146, part 2 of article 28 of part 1 of article 438 of the criminal code of Ukraine (creation of terrorist group or terrorist organization; commit a crime upon prior conspiracy, waging aggressive war or aggressive military operations, the organization of the Commission of the offence; a terrorist attack that led to the death of persons; unlawful deprivation of freedom or kidnapping; ill-treatment of prisoners of war or civilians, etc.).

We will remind, according to the SBU and the media, “Givi” was killed on 8 February 2017 in the occupied Makiivka. The murder occurred on the basis of a battalion of fighters of “Somalia” as a result of contact in the building of the shell of jet infantry flamethrower “bumblebee”.

In April 2018, Pavlograd district court of Dnipropetrovsk region returned the criminal proceedings against the leader of the militants “Givi” to the Prosecutor. The reason for this decision in the court called the information about the death of the suspect and the lack of official confirmation. The court stressed that there is no opportunity to consider the matter in the absence of the accused, because it is not declared in the international or interstate wanted list.

Later, the Chief military Prosecutor’s office stated that they intend to appeal the court of appeal’s refusal Pavlograd district court of Dnipropetrovsk region to consider an indictment against militants “DNR”.

The prosecution insisted that, despite receiving in February 2017 information about the death of “Givi”, the court should take the case and reach a verdict. According to the Prosecutor, sufficient evidence that can be used on international platforms.

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