LAST DAY OF JUDGE IVANOV

[Детективное агентство. Украина. Харьков. Львов.]

La historia se basa en el material de un caso penal en particular, solo el juez se inventa, con la esperanza de que tal debería ser…

Rogozhin Yuri Vasilyevich
abogado República de Mordovia



"Bueno, ya se acaba otra semana", pensó Alexander Ivanovich sentado en su mesa.

- Gracias a Dios que no se prevé nada urgente y será posible abordar de cerca otra queja que vino de la oficina del Comisionado para los derechos humanos.-
En la denuncia estaba la Visa Del presidente del Tribunal de que era necesario profundizar en el fondo de los argumentos de la defensa y, de ser necesario, solicitar un caso de primera instancia, donde aparentemente ya estaba cubierto de musgo.
"Bueno, comencemos", pensó al abrir la queja del abogado...Alexander Ivanovich ha desarrollado un cierto estilo en ellos durante muchos años de experiencia. Tomando en sus manos la siguiente, ya en algún lugar en el nivel subconsciente sintió la viabilidad o no de tal, aunque esto no le dio el derecho de no profundizar en el fondo de los argumentos establecidos en ella.

Esta queja claramente merecía interés. Al comenzar a Leer, no se dio cuenta de cómo llegó a la Última página de una sola vez, y luego, empujándola hacia atrás y recostándose, pensó involuntariamente en lo que había leído. Los argumentos de la defensa parecían muy convincentes, por un lado, y ridículos, por el otro. Simplemente no podría ser.

¿Cómo se pudo condenar a una persona con tales hechos y cómo todos los tribunales superiores no respondieron a las múltiples violaciones de la legalidad en el caso?
Para obtener respuestas, Alexander Ivanovich recurrió a los anexos: la sentencia, las definiciones de casación y las instancias de supervisión. Y rápidamente poliv, instruyó a su asistente Tatiana Alekseevna para escanear todos los materiales y transferirlos a la memoria de la computadora.

Con el advenimiento de la computadora, siempre lo hizo, lo que facilitó mucho el análisis de los materiales.

Ellos, aunque el tiempo para esto no era nada, decidió dejarlo para más tarde y trabajar de cerca a partir del lunes.


- Sí. Los argumentos de la queja fueron convincentes... - pero como no quería creer que sus colegas en todos los niveles los superaron y no dieron ninguna evaluación…

Al llamar al Secretario, le ordenó que redactara una solicitud al Tribunal de primera instancia para enviar el expediente al Tribunal Supremo.


Al salir, decidí caminar con un peón...fuera de la ventana, septiembre brilló con todos los colores, mostrando en los rayos del sol de la tarde, mientras aún era cálido, las copas amarillas de los árboles y el mismo follaje caído debajo de los pies, el césped quemado a lo largo de las carreteras.

No quería ir, el alma requería unas vacaciones...Porque no está lejos el día en que vendrá el aguanieve y luego, inevitablemente, no querrá caminar sobre el asfalto frío y húmedo.
Había dos días completos de fin de semana por delante, que para él no diferían en una variedad especial. Desde hace algún tiempo, Alexander Ivanovich era conocido como un hogar, permaneciendo solo con él y sus pensamientos en la oficina de trabajo. Aquí se sentía cómodo y casi autónomo, si los nietos de Alyosha y Marina no le pedían a la computadora que vagara por Internet…
Y si el primero estaba principalmente interesado en" Contacto", el segundo también tiene diferentes videos musicales y divertidos, y, naturalmente, juegos. Si no fuera por sus algunas circunstancias y reuniones con amigos, entonces podría pasar días, sin descanso, como dicen, para el almuerzo, cómodamente sentado en la silla de su abuelo, sentarse en la computadora.


Y cuando no había nietos, Alexander Ivanovich, en perfecto silencio, se entregó a sus pensamientos. Desde hace algún tiempo, se sintió atraído por la creación literaria, lo que, por cierto, gustó a aquellos a quienes mostró lo escrito.
No escribió por querer imprimir. Por naturaleza, él, como todos los acuarios, era un romántico, pero un romántico no es del todo común. Sus vuelos se dirigían al pasado, a su juventud, a la que idolatraba y cómo la pólvora estallaba cuando alguien trataba de ahuyentar este pasado…
Ahora, por el bien de su salud, ya no se involucra en tales disputas, sino que trata de irse de inmediato, lo que a menudo pone a su interlocutor en un callejón sin salida.

Recordó cómo hace muchos años, cuando, después de graduarse del Instituto, fue elegido juez popular, su padre, que en sus años más jóvenes conocía de primera mano nuestros "órganos", dijo entonces:
- Tú, Sash, Mira allí ... Sucede que hay inocentes entre los culpables...así que ten cuidado antes de juzgar...Sin embargo, una persona viva estará frente a TI, tal vez incluso inocente en absoluto, con hijos, padres ancianos detrás de él. He visto a alguien que ha sido condenado ilegalmente por un ser querido ... sepa También que nuestra gente tiene la opinión de que "no somos atraídos por nada"...Y si otra persona está acusada de un delito grave, muchos de los demás los evitarán, dejándolos como una vez leprosos. Pero no eres una multitud. Eres una persona especialmente puesta en el hecho de que en todo esto a fondo entender el corazón de darse Cuenta de su decisión, porque ahora sólo de TI dependerá el destino de la gente....Condena cuando estés seguro de que una persona es culpable, entonces tu alma siempre estará en su lugar...-sonaron las palabras de su padre.
Algo similar, solo mucho más tarde, lo leyó en Melnikov – Pechersky en la historia de poyarkov. Estas palabras se estrellaron en su memoria y hasta ahora, casi literalmente, las recordaba:
- El juez que el carpintero: lo que quiera, lo cortará, y toda ley tiene una barra de tiro: donde quieras, allí girarás. Pero también hay un juez sobre el juez y el acusado... ¿Permitirá que sufra sin culpa? No es el verdugo de la gente, sino todo: el amor es infinito... El juez de la causa torcida, la voluntad del diablo crea, en el alma de su pecado impone…-

Ahora, después de muchos años, ha llegado a la conclusión inequívoca de que una persona debe ser juez solo cuando haya acumulado suficiente experiencia en jurisprudencia y haya adquirido la sabiduría cotidiana necesaria. El juez debe estar bien educado y trabajar constantemente en sí mismo, tanto profesional como intelectualmente ... estar constantemente En el corazón de la vida popular ... Y esto, en general, no es lo principal ... Lo principal es que debe ser una persona profundamente decente capaz de empatizar con el dolor humano, castigando a los culpables y protegiendo a las víctimas del crimen…

Pero aquí no siempre todo es simple ... para el juicio. Lo primero es lo primero, debe razonar, después de verificar a fondo la esencia de la acusación y las pruebas en las que se basa la acusación, captar todos los matices del caso y solo después de eso tomar una decisión. "Qué presuntuoso era al principio de su viaje", recordó mientras caminaba hacia la casa.- ¿Qué no le queda claro? Recuerdo en su infancia que entre ellos había un dicho: "Cuarenta y cuarenta ... cuarenta rublos.. ¿Cogiste fósforos? No? Rupe cincuenta" ... Recordó el personaje de M. Пуговкина, altivo, no según el orden de la audiencia de un trabajador de distrito de escala, ha visitado en todos los puestos y ante la pensión "echado" en la guía de actividades deportivas en el área de…

A la pregunta de uno de los atletas sobre si sería fácil para él lidiar con los detalles del nuevo trabajo, respondió sin sombra de vergüenza: - ¿qué hay de entender? Aquí puedo dirigir con los ojos cerrados ... …-

- 2 -

Mientras tanto, el fin de semana transcurrió como siempre en un ambiente tranquilo, excepto que el sábado su nieta Marinka fue conducida a un círculo de modelos, donde hizo ciertos éxitos y, a pesar de sus 10 años, ya protagonizó una revista brillante, aunque rodeada de otros "modelos"similares.
Al subir a su piso a través de una pequeña sala de Recepción fue a su oficina. Antes del Inicio de la jornada laboral quedaba aún más de media hora, que siempre le servían como retracción en la semana laboral.
Al abrir la Caja fuerte, recordó que el viernes entregó los papeles a la secretaria para que los escaneara…

"Bueno... Esperemos...", pensó, sentado en una silla. Y pronto Tatiana Alekseevna llamó con papeles en sus manos. Después de saludar, encendió su computadora y, insertando una memoria USB, llevó la información a la pantalla. Bueno, ahora era posible analizar de cerca los documentos.
Habiendo corrido con fluidez el texto de la queja, Alexander Ivanovich se sorprendió en gran medida por la agudeza y la audacia de la posición de la defensa, que, por así decirlo, provocaría deliberadamente a las instancias judiciales más altas para que aquellos con sus argumentos y grandes conocimientos en el campo de los procedimientos penales refutaran completa y argumentativamente la satisfacción de sus oponentes procesales.
"En los recursos de casación, planteamos deliberadamente la cuestión de que, al examinar este caso penal, el Tribunal no condenó a Pashkov por error, sino intencionalmente, sin pruebas suficientes. Una acusación tan grave contra el Tribunal, en nuestra opinión, debería haber llevado a la instancia de casación a verificar seriamente los argumentos de la defensa. Sin embargo, esto no sucedió.
Estas instancias consideraron por encima de su dignidad verificar las alegaciones de la defensa, prefiriendo no notar una acusación tan grave contra las instancias judiciales, reconociendo así, aunque indirectamente, la rectitud de la parte contraria".

Y diez días después, Tatiana Alekseevna le informó que el caso penal había llegado y estaba en la oficina. Y después de un tiempo, después de haber pasado por todos los trámites, los volúmenes de 10 del caso ya estaban sobre su mesa.
- ¿Qué tenemos aquí? – el frotamiento de la impaciencia la palma de la mano, pensó. La intuición le dijo que algo faltaba aquí…
- Claro ... ¿dónde están los vídeos? –
No había ninguno. Después de revisar el inventario, me aseguré de que ni siquiera se aplicaran a los materiales escritos del caso, lo que una vez más lo alertó...Claramente el Tribunal de primera instancia oscureció algo, creyendo que no se prestaría atención.
Alexander Ivanovich inmediatamente después de retirar el Teléfono, le pidió al presidente del Tribunal que no engañara, sino que enviara de inmediato los materiales faltantes.

This time, he started from the very first page, paying attention to the compliance of the documents, both with the procedural law and the internal content of the document…
And it all started with a confession, which was written on the third day after the detention of the guy in the office of the police operatives.
The surprising thing about such "appearances" is that they are not written at home, in the same kitchen, when a person has internally repented and describes in detail the crime committed. And then, with it in his pocket, more often with a lawyer, or even alone, he comes with it to the relevant authorities, where it is registered and the person is sent to the investigator, who, having read this document, interrogates him under the protocol and makes an appropriate decision on it.
In fact, in our "organs" everything is different. Breaking the will of the suspect and promising him all sorts of indulgences, they seek to write this confession. Not forgetting to explain to the latter that this is done only out of "respect" for him, since by doing so he agrees to cooperate with the investigation, which will certainly be taken into account in the final decision on the case.
And everything. The fate of man is almost decided.
All this is illegal, of course, and everyone knows about it, from an ordinary operative to judges at all levels. The appearance is, in fact, the main proof of a person's guilt and it happens that during the entire continuation of the process, the only one.

- 3 -

In this connection, he remembered his mentor, Alexander Konstantinovich Averkin, who in those recent years was the prosecutor of the region. He was an amazing man.
At the age of 17, in 1941, he voluntarily ran away to the front. He took part in the battles until the commanders came to their senses and sent him to the courses of junior lieutenants.
As a commander of a rifle company, he took part in the battle of the Kursk Bulge, where he received another wound and a severe concussion…At the end of 1943, at the age of 19, the entire wounded man was completely discharged from the army. He graduated from the law institute and rose to this position.
And I remember it now, Alexander Ivanovich, in connection with the attitude to the law in different years of the country's history.
In those years, it turns out, they were much more sensitive to him. Failure to comply with the law at that time was fraught with bad consequences. And yet…


Alexander Konstantinovich, once in a close circle, in nature, blushing and embarrassed, told about one investigation that was under his control.
It was a very difficult case. There was a suspect on whom everything seemed to agree, but there was no direct evidence. How long all this would have lasted and how it would have ended, it is not known, if one thought had not occurred to him…
He recalled that often at the front "languages", especially SS men, even under pain of death, did not want to speak in any way. But one day, one of these fanatics, who was placed against a tree to be shot at gunpoint, suddenly fell to his knees and begged for mercy, tearfully begging not to kill him..That he was willing to tell her everything he knew...


What if....
In the evening, having put the bound suspect in the "gazik", they took him, as it were, to the crime scene. On the way, the car suddenly "broke down" and reached the place only after dark. After pulling the suspect out of the car, they themselves moved aside and began a leisurely conversation in a low voice, but so that the suspect could hear them. That the case, they say, is deaf…We won't find any evidence against him. Let's, they say, untie him and let him run, and if he tries to escape, shoot him and all the problems will immediately end and the case can be closed in connection with the death of the suspect…
Hearing this, the suspect begged that they would not kill him and that he would tell everything right now.

Under the light of the "Gazik", they recorded his confession with a description of all the details of the crime and returned home. On the basis of these statements, eyewitnesses were found, physical evidence and all this was properly documented and soon, the case went to court.
-But this is a kind of lyrical digression. He went back to reading the documents.
- Yeah. Here's the forensic report. It says that the victim was killed by a professional knife blow to the neck with damage to the jugular vein, with a profuse gushing of blood.
Soooo.... And what is written in this account in the confession? And here it is recorded that after the now convicted man raped the victim, he cut her throat.
That's how..., just some kind of Mujahid, no other way… What does the complaint say about this? –

And it said that the investigation noticed this discrepancy and decided to correct it in the future, but how? Subsequent interrogation reports have already referred to the stabbing. However, the defense lawyer refers to the video recording of this interrogation.
"Let's see...yeah, here." The prisoner didn't say anything like that. It was the investigator who asked him the question: "What did you want by stabbing the victim in the neck?" And it was the word "hit" that the investigator put, as it were, into the mouth of the interrogated person, which he accordingly displayed in the protocol…-


The case also involved a cord from an iron, which, allegedly, suffocated the victim… During the interrogation, the investigator pointed to a ballpoint pen and asked if the cord was that thick, and in the protocol he wrote that the cord, according to the accused, was 6 mm thick.
"Ah, yes, the investigator...ah, yes, the son of a bitch," Alexander Ivanovich smiled to himself, never ceasing to be surprised at his " resourcefulness."

It was also confirmed that the interrogation was conducted in the absence of a lawyer,
- I just want to swear obscenities…Well, isn't it a paradox? The defender, whose participation is provided for by the law, is absent, and the operative employee, whose participation is not regulated by it, is right there! He continued to wonder.

- 4 -

- So…And what will the verdict tell us? –

A sentence, like a sentence ... quiet, yes smooth, yes God's grace…And if it weren't for the facts…Although they are not yet facts, but only a version of the defense, which also does not have a pre-established force… Although inwardly he felt that the arguments set out in the complaint have a place to be…
Strangely, these arguments did not even remotely find a place in the lacquered verdict. He knows how to write them, and an experienced judge "varnishing" will not be difficult. And so that everything would be in the openwork, to be sure, the verdict will be written off and the minutes of the court session and then everything will really be "chiki-chiki", as one familiar prosecutor said.

"Let's see what the superintendent thinks about this."Yes," he said, turning to the next document..
And I didn't think anything. Colleague Pal Palych, who reviewed the complaint received by him, put it in a "long box", and then gave it to the secretary, so that she would prepare a resolution on leaving the complaint without satisfaction. Here the girls, as they say, have got enough. Although what's the point of being dogged? There is a " blank»…Insert articles of the laws, and change the names...and the whole thing is short-lived.

On one of these days, he got a call from the pass office explaining that he had visitors. It turned out that the mother of the convicted Pashkov Pavel, whose case he was just engaged in, was asking for an appointment.
And although this was not the practice in court, he decided to make an exception today and meet with her. After all, I came from far away. Perhaps you will be able to learn something else that you will not learn from written materials. And he wasn't wrong. It turned out that the husband of the victim was initially arrested on suspicion of murder.
For acquaintances and friends, it was no secret that he had long ago cooled off to his wife, who was also 5-7 years older than him, was eager for the female sex and had already had a very long time with a young girl, which the deceased could not have known about.
Anton, the husband's name, was immediately arrested on suspicion of murder and was investigated for a whole week. Then, despite the evidence against him, everything ended in a strange way and he was released into the open, and instead of him, her son, Pavel, was" called".

From the conversation, Alexander Ivanovich also learned that the mother of the convict and the mother, now recognized as a victim, had worked together at one time, were friends with families and their sons also knew each other. And then, in the years of perestroika, when the enterprises were destroyed, their friendship came to naught. And the son, Pavel, because of his youth and stupidity, managed to be in the dock twice.

After his recent release, by the way, early and with good characteristics, he spent two months as a worker with her in the recreation camp where she worked and met a young woman named Olga, who lived alone, raising her son. Pavel seemed to be attached to her and they spent all the evenings together, which she did not prevent, and was even happy.
And suddenly this wild case, in which there was a lot of secret and incomprehensible. About a week after her son's arrest, she was allowed a brief meeting with him, during which he said that he knew the deceased and they were lovers. They met, allegedly, on the bus and had connections. Only now she can hardly believe it, since Pavel was always with Olga and almost always stayed with her at night. By chance or not, only her house was located next to the house of Valentina, Anton's mother and, consequently, the mother-in-law of the deceased Elena. How could it happen that on this very day he was in this apartment and, allegedly, they had an intimate relationship with the deceased.. Then Pavel left, and in the evening the deceased Elena was found by her father-in-law who returned from work.
The main thing in the accusation of Pavel was gold jewelry, which was handed over to him in a pawnshop located 300 meters from the house and, interestingly, according to his own documents. By the way, immediately after that, the pawnshop was closed, and its owner left in an unknown direction
"There's obviously something wrong here. Initially, at the investigation, the son said that, being very drunk, he took these jewelry after the rape and murder of Elena. Later, during the interrogation in the presence of the defense lawyer, he testified that the jewelry was given by the victim herself.
I have been thinking about this for a long time and I can almost with one hundred percent guarantee explain this phenomenon to myself like this:
Anton, the husband of the deceased, was very fond of women and dreamed of getting rid of her. Here, at the most opportune moment, he met Pavel, who had just been released from the colony and was hungry for women…And Anton matured a plan – to introduce Pavel to his wife, in order to compromise her, so that there would be a reason for divorce. And in gratitude to give Paul her gold jewelry.
But something interfered with the plan.
I ask you to pay attention to the fact that according to the testimony of a witness, whom the court did not invite to the court session, Elena and her husband Anton, shortly before the death of the first, entered the entrance of the house with apples in buckets.
Moreover, when examining the scene of the accident, it was found that the handset was not lying on the lever and Anton's thumbprint and no others were found on it. Therefore, it was he who last called someone, although the investigation claimed that no one called from this phone except Pavel.
Many handprints, finger prints, and hair prints were found in the apartment, but none of them belonged to Pavel. There are a lot of blatant contradictions in the case, which, however, did not prevent the trial from reaching a guilty verdict.
By the way, I want to say that in the cassation order, the verdict against Pavel was overturned, because the judge himself did not invite the lawyer we chose, but appointed his own.
I will not take up your precious time, but only ask you to pay close attention to the arguments of the complaint and compare them with the materials of the case. We passed all instances, were in the State Duma, appealed to the deputies, but all just nodded their heads sympathetically and said that Pavel was convicted illegally and we need to continue to complain further. And one even whispered that it was necessary to "search" for the prosecutor on the spot.. She finished.
"All right. I promise you to thoroughly investigate the case and make a legal decision on it. But tell me, did you take any measures to protect your son there?" Alexander Ivanovich asked . …

- When Pavel was arrested, the investigator assigned him as a defense lawyer, a lawyer who studied with him at the law school. This "defender" signed all the necessary documents in favor of the investigation. Soon after, we received a letter from my son from the pre-trial detention center, in which he directly begged "to hire him at least twice a good lawyer." We found such a person, but for 2 weeks the investigator did not allow his case…
Only numerous telegrams to various authorities did their work and the lawyer met with his son and had the opportunity to get acquainted with some procedural documents, from which he learned how the investigation was conducted and that Pavel had nothing to do with this crime.
I want to say something else. In the cassation order, the verdict against Pavel, as I have already said, was overturned, because the judge kept the beginning of the trial secret until the last moment. We got a call at home in the morning of that day saying that the court session would start at 10 o'clock. In the process, he personally invited his lawyer, from among the former judges, and the lawyer chosen by us also did not notify…Well, then there was the second court and the second cassation, which illegally upheld the verdict ... - Well, it seems that's all…Well, you'll see for yourself... " the visitor finished.
"Okay, okay... I'll figure it out." Only here you will satisfy my curiosity: how did you know that I had the case? -
- Oh, Alexander Ivanovich. In our court, many employees are convinced of the innocence of their son, so they quietly whispered in your ear that you requested the case. So here we are. Please don't betray us, " she said in a trembling voice.
- Yes, you can rest assured…I won't give it away –Alexander Ivanovich promised once again..


- 5 -

This was the conversation he had with the convict's mother.
- For whom and what do we work – - he thought, some time after the visitor left. - After all, they are called upon to largely correct the mistakes of lower courts. So no, we are, in fact, the link that is the last instance of the approval of the verdict, its entry into legal force and thereby undermine people's faith in the highest judicial protection…
And all this is called "stability of sentences".
More recently judges were receiving citizens who came with supervisory complaints…Even then, the probability of overturning the sentence was not great, but still...now it is not. Why? Is it because they do not want to look into the eyes of people who sometimes came with the last money from the remote ends of the vast country…
Our country is unique in many ways…For some reason, we are not going up in our development, as befits a civilized society, but we are falling down…At the present time, it is almost a rule of good taste to speak about the past in a pejorative way. Even the justification for this was invented ... They say, " ... I forget about the past and boldly cross the threshold of a new day. I let go of the past, and the past lets go of me... "
This is some kind of devilry, hammered into us, always considered a spiritual nation… We are deliberately turned into"Ivanovs who do not remember kinship". Live by the principle of " Spit on everyone-love yourself»…
And after all, the enemies succeeded in this. Material goods at any cost have eclipsed all the good in the souls of people. Downright exponentially decomposing installation…At first, be no worse than others, then "on vacation in the Canary Islands, and the people on the bunks."
And what does this mean in relation to the Russian justice system? It turns out that in the years of the notorious and ever-memorable Stalinist repressions, more than 7% of sentences were canceled, and now the account goes to the tenths of one percent…

These are our courts. And how is the selection process for judges and prosecutors going now? What kind of selection? There are so-called"labor dynasties". Parents of judges, children in prosecutors. The father leaves, the son changes his uniform for a mantle…
The chief himself has a son in the district as a prosecutor, a daughter as an adviser in justice…

The deputy has a son...in the regional prosecutor's office…
It comes to the ridiculous... if not sad... the father presides over the court, and the son acts as the prosecutor… Here's how it was during the war in the tank: the father is a commander, and the son is a mechanic-driver…
And go through the signs in the grassroots structures: secretaries, assistants ... these are the daughters, daughters-in-law of judges, prosecutors...and this is because they do not have a legal education, although most of them are now studying in the correspondence department of the law school.

What else can we talk about when the children of high-ranking law enforcement officials who graduate from high schools form future groups of first-year law students. And this is a ready reserve of replenishment of the relevant bodies and courts - Alexander Ivanovich stated bitterly in his head.

I remembered how once I came to the court, where his judicial career began, and met with one of the judges there. Previously, he was a driver and drove the head of the regional justice and he, apparently for the fact that he "drove well", arranged for him to work in the law school department. After 6 years, the driver, "on the job", that is, "from the steering wheel", became a certified lawyer and, on the recommendation of the chief, was sent to the district where this lawyer-driver, being a naturally narrow-minded person, was "elected" a people's judge…
And in his place came another driver, a potential judge…

During the conversation, the latter, catching the attention of the inspector on the three volumes lying on the table, said that tomorrow he had a big trial.
When asked whether he had studied the case, the judge replied without a shadow of embarrassment, saying why, because in the process he would study it.
The bitterest thing was to realize that this man had no humanity at all. Apparently, for him, a person was a virtual horse power that sat in the engine of his " Volzhanka»

Yes this generation is completely different…
Somewhere he had heard that a person who is called to decide the fate of people needs to have his own, open spiritual wound, on which every injustice would lay salt, not allowing you to forget about the wound of another person.

"And I?" I guess I'm not like that after all. After all, I come from there, from the post-war childhood, youth-he suddenly thought.. Dear years, now turned into moments…
Parents, brothers and sisters, good neighbors, friends from the yard and classmates…Suddenly I remembered that recently, having watched the movie "True Friends" on TV for the umpteenth time, I was incredibly moved. After all, it was there, as a child, that he had such friends...And then he realized with horror that the life of their generation had developed completely differently, scattering friends at different poles of the social hierarchy... And it turned out that perhaps he was the most successful and wealthy among them, and not because he was smarter than everyone, just the stars came together so…

The new government has treated them, judges and prosecutors, very favorably, constantly increasing their wages and other benefits, even not dreamed of in the past, and which allows them to live happily ever after, without denying themselves anything…
Complete lack of control, allowing you to work as someone needs to and to your deathbed…

"Why is that?" After all, it is said in the law that we are all equal...?
Come on, Sasha, make a virgin out of yourself by asking such questions and knowing the answers to them in advance. Everything is simple to the point of banality: forget about pity and compassion and judge… Although inwardly you understand that the concept of "judge" comes from the word "judge", putting the parties in different places..., raising one to the rank of right, and the other, respectively, guilty.
But we have accepted that a priori there is a guilty person and the judge must confirm this, suppressing his conscience and compassion…The innocent, unprotected, was found guilty, and the guilty remained at large, and even openly demonstrating their impunity…-

For the past year or two, he had felt tired, as if the weight of the past years were weighing on his subconscious. Then came the sleepless nights, the staring at the ceiling of the dark room, the seemingly gratuitous anxiety…

So what should we do if our conscience tells us to do as it and the law dictate, or once again go against it and stand on the side of evil again?
He replayed his conversation with the chairman in detail, insisting on the initiation of supervisory proceedings and the acquittal of an innocent man who had been in prison for eight years.
– We will not initiate any proceedings. Is this your first year in court? Can you imagine the consequences of your decision? You have thought about the reputation of our court, three times, in cassation and supervisory proceedings, which refused to satisfy complaints. And how now..? Do you want me to stand in the position of a non-commissioned officer's widow who flogged herself?- the chairman reprimanded him. -
- Well, if we talk about the non-commissioned officer's widow, as far as I remember, the mayor still whipped her, telling Khlestakov that it was she who whipped herself…So this expression should be used in relation to us, and not to the widow... " he objected.
-...Will you teach me political literacy for a long time? Go...and do it right…And if you forget how, then entrust it to your secretary..., she is a competent woman-almost breaking into a scream, the chairman continued…

- 7 -

"What are we doing here?" What kind of double morality is this?
We give comments on the laws, summarize the judicial practice, and give comments on them already…Moreover, all this is published and everyone who is related to criminal jurisprudence enriches their memory, takes everything naively into service…But what is surprising…At the same time, when we read the opponents ' links to their comments, we do not notice them, pretending that they themselves do not know about them.
When considering complaints, we do not request a case, but immediately make a decision to refuse to satisfy it, citing only the fact that everything was taken into account in the verdict. Well, even a little bit of a literate person is clear that we are doing an unrighteous thing…
Referring to the verdict, as if "we do not see" that it is challenged by the opposite party…Moreover, it is disputed with reference to the case materials, the current law, and the comments of the Supreme Court. But there are also decisions of the European Court of Human Rights that, when rejecting a complaint, it is necessary to refute the arguments of the complaints.

The bar initiated an appeal to the Constitutional Court of the Russian Federation on the subject of the fact that the courts, contrary to the requirements of the law, do not respond to their opponents ' arguments, but are engaged in meaningless replies.
However, he, in this case the COP, played along with his younger colleagues and actually legalized these unsubscriptions…
There is no respect for its laws in Russia, and there is no respect for the European Court of Justice…
And what should he do if he's a deputy? The Chairman of the State Duma, Mr. Zhirinovsky, actually calls for ignoring it, referring to the fact that they will not do anything to us, because Russia pays a lot of money for its maintenance.

Moreover, we lie without caring a little, if not about the similarity of correctness, then at least the consistency and logic of our conclusions, which we write down in our procedural documents.
For example, in the materials of the same case, there is a conclusion of the forensic examination that the epithelium found in the sub-elbow contents of the deceased is not excluded from the origin of Pavel Pashkov.
But in the same materials there is also an act of his own examination a few days after the incident.
It is there that it is written that the skin surface, not even the face, but the entire body has no external damage.
And we, just like the deaf-blind, refer to the probabilistic conclusion of the expert examination to justify the guilt of the now convicted person…
Oh, my God, what's going on?… To the human fate, but by inhuman standards…Well, just think, they threw not a birch log, but a pine log into the furnace…
How easy it is, and without any responsibility for the results of your work, to be a judge…Judge as you like…
Need to unsubscribe, unsubscribe as we want....


Whether we want it or not, we leave our mark on the earth, our memory of ourselves. How easily those who fought to defend their Homeland died. Who has raised bread all his life. The same actor who created many good roles and they are captured on film and in the memory of the people…

And what kind of memory will you leave behind? How many people did you put in jail and the memory of their loved ones? It won't be light. And if there is a life after this earth, a life that is a continuation of the present one, then you will already be judged there, and by the same court as you judged, and it is not excluded that those who are condemned by you will be judged…

What should we do with our conscience, which over the years more and more often and more acutely reminds us of injustice, referring to the Christian commandments. After all, we know firsthand how cases are investigated. In fact, no one delves into the materials of the case, at best, they will read the indictment.
Knowing this, the investigation does not think about the plausibility of its conclusions. When presenting a thesis about something in the indictment, they refer to the relevant protocols available in the case materials.
And who reads these protocols? No one. In the best case, they will make sure that this is available. And if you carefully read and comprehend, then you note with horror that this protocol in no way confirms that thesis. And this is now, when most of the materials are printed on the printer. But even a dozen years ago, they were written by hand, like a chicken paw, so much so that they were not readable and often had, at the insistence of the defense, to call the investigator to the court session, so that he would read what he had written. And with what annoyance I had to watch how this "writer", blushing from the effort and covered with perspiration, could not voice his writing…

- 8 -

- Yeah.…The visitors also talked about the second verdict and the second appeal.
It was also said that, from the received cassation ruling on the complaint, it was possible to predict how events would develop in the future.
The fact is that the first complaint should be considered by Judge Spiridonov, who was the curator of their field, but at the last moment, in the courtroom, the composition of the court was changed and Judge Timoshina acted as the judge-rapporteur.
The process took no more than 10 minutes. It was announced that the verdict was overturned and the case would be considered by the same court, but in a different composition.

The next trial in the first instance was a profanation of the first.
An amazing thing, but at the new trial, contrary to the" recommendations " of the court of cassation, the regional court completely ignored the arguments of the defense, which left no stone unturned on the prosecution's version, and the court on the same grounds found Pavel guilty, only instead of 22 years, appointed 18 years in a high-security colony.

As expected, the subsequent appeal was now considered by a panel chaired by Judge Spiridonov.
The defender played ahead of the game, having prepared a detailed written challenge in advance. It was a bolt from the blue. Having sent the members of the board to the conference room, the chairman, in the presence of the state prosecutor, the bailiff and the mother of the convicted person, promised to give the defender a "punch in the face".
And this was not an unsubstantiated claim of the defense. The complaint was accompanied by copies of the challenge to the judge and a statement on the judge's behavior during the trial.
Surprisingly, these documents, without any verification, were left to gather dust in the court office-Alexander Ivanovich scrolled in his head… Massaging his heart, he went back to the case file. The more he read the documents, the more his indignation grew.
Here is the first appeal on which the sentence was overturned.
Oh, the horror…The complaint was accompanied by a dozen messages from the passport office that the requested citizens, who were held in the case as witnesses, do not live at the alleged addresses and are not even registered in this territory…
... Well, just Gogol's dead souls ... - Alexander Ivanovich continued to be indignant..
"All right. Let's move on.-

- 9 -

In all court decisions, in support of their rightness, the prosecution, like a spell, insists that all the evidence, they say, is consistent "between" themselves and everything is investigated and given the correct assessment»…
"But don't be deceitful, good gentlemen…If you are like a spell repeating the testimony of the convicted person, that they are consistent with the actual circumstances of the case, then open your eyes and open your ears... because you do not know what you are doing…Take a sample of his testimony and what is available in the case. Where do you see "consent"?- In these "truthful statements" Pashkov said, in particular, that:
"he cut the victim's throat. She was actually killed by a knife in the neck;
After he did this, Elena remained in the supine position. In fact, she was lying on her face;
"the TV was turned off when he left. When examining the scene of the accident, it was found that-worked;
- having carried the victim in his arms to the bedroom, he tore off her clothes, raped her, and ejaculated at her feet, on the floor. An examination of the scene revealed no semen.
But it was found that on the back of the deceased there are abrasions, which, according to the expert, could be formed from dragging the body on the floor.
- Why didn't you, gentlemen, the investigating investigators, check the testimony of the accused on the spot, as it should be done?Alexander Ivanovich thought indignantly.
The protocol of the interrogation states that the accused is afraid to appear at the scene of the crime and refuses to participate in this investigative action, because he is "afraid". Who or what is he afraid of? Not clear.

However, after viewing the video of the interrogation, Alexander Ivanovich was again convinced of the" ingenuity " of the investigator. Well, just an innovator of some kind. And the fact was that it was the investigator who asked this question and framed it as the answer of the accused. But in order to look somehow consistent, he brought the latter to the entrance of the house, where on the first floor he told how he left after the crime was committed and issued a protocol for checking the testimony on the spot. Well, not a son of a bitch.
By the way, Pashkov's mother said that this investigator was not clean on the hand...After a while, he got caught in unseemly affairs and, in order not to take out the trash from the hut, he was fired "of his own volition". After his dismissal, he successfully got a job at the prosecutor's office of the Leningrad region, where he soon "sat down" for a bribe.

- It is not taken into account that the urine of the deceased was found in the apartment, which was the result of asphyxia. This was clearly indicated by the transgulation furrow on her neck… But in this case, it turns out that Pashkov tore off her wet clothes, which, to the great regret of the prosecution, is not confirmed by anything, including numerous expert opinions.
- None of the many hairs, even those that were clenched in the deceased's fist and that, according to the expert, could have been torn out by her in the heat of the struggle, did not belong to Pashkov.
The investigation and the court "mudreno" attribute the hair to some "mythical, numerous friends and acquaintances" of the owners of the apartment, without making at least some attempts to establish them and the time of the latter's stay in this apartment.
- Pashkov said that he took the knife from the kitchen, which he later threw away. The missing knife was confirmed by the father, mother and son, but when questioned separately, they schematically depicted each of their own, different from each other, knives.
- How did the investigation and the court establish the fact of rape, when the expert report does not establish any traces of this act. Moreover, it does not confirm the fact of sexual intercourse. Experts also categorically claim that there is no sperm in any cavities of the victim. It was also not found during the inspection of the scene of the accident…
Well.... Everything is clear where the legs grow about rape…This was "frankly" admitted, now convicted, in his "confession".»


"Everything agrees»…Whatever it is. And here is the protocol of the use of the service dog, which took the trail and led the conductor to the trolleybus stop, while Pashkov went in a completely different direction…
What's it? Carelessness? A flaw? Unlikely…This was done purposefully, without any fear of higher regulatory authorities…

In the same determination of the Judicial Board, it is also noted that the case materials indicate the prescription of death and the parameters of the murder weapon, which coincide with those indicated in the testimony of Pashkov.
However, the defense claims, and this is confirmed by the case materials, that this is not the case.
The time of death has not been determined. Although, for sure, it was established, only here it proved the alibi of the convicted person and therefore it was decided to disguise it.
At least, in the case file there is no mention of the fact that during the examination of the crime scene, dynamic monitoring of the development of cadaveric phenomena on the body of the victim was carried out. It was only indicated that when pressed on weakly expressed cadaveric spots, they turned pale and recovered after 32 seconds.

- 10 -

"Why...?" Why do we do this?- again and again Alexander Ivanovich pestered himself with questions..- After all, this leads to the degradation of the nation. By condemning the innocent, we are criminalizing our citizens exponentially.
An undeservedly convicted person will already keep the injustice applied to him on a subconscious level- "if it is so for me, then I am so...".
Who will be able to take on the role of the brake in stopping this judicial wheel?

The bar? What about the bar? An amorphous organization, with which law enforcement officers and courts do not consider and tolerate lawyers only because in their absence it is impossible to pass a sentence… In fact, they passed a law on the bar, and when the euphoria subsided a little, they made a decoration out of it. And they did it very, very insidiously.

After all, what happened before? And it used to be like this. If the relatives of the suspect, the accused and the defendant did not have the means to pay for the work of a lawyer, then the law enforcement agencies and the court themselves, through the colleges, invited lawyers, paying for their services from the state treasury. Since this payment was scanty, and even delayed, the lawyers themselves were reluctant to do so.
But the smart people at the top turned these disadvantages into a plus.

Regardless of whether the lawyer had an income or not, he was obliged to pay taxes to the pension fund, the health insurance fund, income tax, contributions to the bar chamber.
Therefore, it was decided to significantly increase the remuneration of lawyers at the expense of the budget for the joy of lawyers and their clients. Only the latter, at first, did not realize that the amounts paid to the lawyers would be deducted from the earnings of the convicted person.
As a result of this innovation, lawyers were dependent on the investigation staff and judges. Those who" correctly " assessed the situation now selectively, privately invited lawyers to the trial. And if so, then the lawyers became dependent on the"employer". What this led to, I think it is clear.
In relation to the most zealous lawyers who did not want to "cooperate" with the investigation and the court, various schemes were devised to discredit them in the eyes of the accused and their relatives. This was done to the point of primitiveness simply.
In the court of first instance, despite the evidence discredited by the defense and the identification of various violations of the law when they were collected, they passed a deliberately unfair sentence. At the same time, the interested party was told that the severity of the sentence is a direct "merit" of the lawyer - "lawyer". In the future, in order not to tempt fate, it was strongly advised to invite another lawyer. Naturally, in the cassation instance, the sentence was canceled or changed, but the lawyer's reputation is pretty tarnished. In order not to repeat themselves, there were other options. So, after the verdict was pronounced, the prosecutor brought a protest about the cancellation of the sentence for various circumstances, for example, because of the severity of the sentence. The interested party was also advised to change the defender. If the advice was not heard, then when considering the case in cassation, the prosecutor withdrew his protest and the sentence was left unchanged.
Wonderful are your works, O Lord! According to the law the lawyer is given broad powers but in fact they were in the nature of declarations…Their arguments, for the most part, were ignored by the courts.
What is the laconic "opinion" of the court that "the court has no reason not to trust the conclusions of the prosecution".

No,no, and the true state of affairs in criminal proceedings was breaking out. But then the judiciary resorted to false demagoguery that the emphasis should be on protecting the victims of crime, and not to pity the criminals.
And who, in fact, rebelled against this? Only it is necessary to really find the victim and prove the culpability of the criminal. Is it a secret that the victim, allegedly, from the crime, was a criminal, and the criminal was a victim. Yes, damn it, here it is, our example…
And how to name those who purposefully and treacherously throughout the process illegally brought Pashkov to the dock?-
- 11 –



Now we have to admit that society is in decline. Look at our guys and girls on the street, in an informal, so to speak, environment...And what we see: obscene language and prison slang has almost replaced the Russian language…Is it not surprising that along with the explanatory dictionaries of the Great Russian language, dictionaries of criminal jargon are freely published…The values of prison tattoos and the rules of initial behavior in the pre-trial detention center are published and distributed.

The wild stratification of young people by social status threatens to explode, as we have witnessed in some major cities of Russia.
Violent fights among themselves with the use of legs, all kinds of sticks... and the absence of forbidden places...From the very beginning in Russia, if there were fights, then there was a certain code: to fight to the first blood, not to beat the lying, not to fight with the weak…If someone forgot these rules, then the surrounding people themselves with the help of their fists stopped the forgotten one…
And now they still allowed weapons...and how many of them are unregistered?
Again, no, no, and remember the Jews…
But here's what's amazing…It turns out that the number of Heroes of the Soviet Union Jews remain fourth after the Russians, Ukrainians, Belarusians and Tatars....
And what would happen if you count the heroes in their percentage ratio to the number of these peoples..., so to speak, the specific weight...???
Well, the Jews left. We have created our own modern state, which is one of the ten richest countries in the world. And there is nothing to say about their success…
The army has degraded… It does not live by the charter, but by the law."»…After all, in our time, there could be no question of non-statutory relations...The young respected the old employees…How else?

"So what should I do?" It turns out that he stands, as if with one foot, in his simple and happy childhood, the same Sasha, who even did not do this to any cat, or even to any cat, any living creature, knowing how much it would hurt. As inside it was a shame, for some wrong action…
And with the other foot he stands in shameless now. Where he quietly got used to the injustice that is happening around him. To the double morality of those in power. I got used to the high salary, the benefits that the mantle gives. How many apartments he has already changed and with what scope they were decorated. Surprisingly, right now, he was living as if under communism, which he had dreamed of with everyone in his childhood and youth.
Why are you surprised? Haven't you seen it in the cases you've handled?"
As in the verdict, without any hesitation, he wrote that he believed the testimony received at the preliminary investigation, since " they were obtained with the participation of a lawyer, are consistent and fully consistent with the rest of the case materials, and the testimony given to the defendant during the trial is considered far-fetched and caused by the latter's unwillingness to bear criminal responsibility."
Why didn't you refute them as required by law?
Why did you not give them the highest priority, because according to the law, in the course of public and oral criminal proceedings, it is the testimony in court that takes precedence over others...?
Why have you been silent all this time, Sasha? Isn
't it because they didn't touch you? After all, you have absorbed with your mother's milk that evil does not go unpunished…
Isn't that why my parents passed away so early?
You saw everything, you knew everything, but your material well-being has overshadowed your eyes and the confidence that it was sent to you for your "impeccable service to the law and the Motherland". I didn't even notice how the Motherland changed...".

And why is it now that everything that previously existed in the subconscious has floated to the surface no longer of consciousness, of the soul…He suddenly visibly imagined how an innocent young man has been languishing in the colony for 8 long years. How his soul suffers... the souls of his loved ones…
How the heart of my father, who suddenly died of a massive heart attack, could not stand it.
How his younger brother suffered and did not want to go to school, when he was simply bullied at school..., calling him the brother of a murderer…


As the grandfather died, as a result, the two women were left completely alone without any support from outside.. husband…
Despite everything, they supported each other for the sake of their younger brother Pavel, knowing that they had to stand for Pavel's sake ... they knew on a subconscious level that if one of them left, the other one would not be able to bear it.
And somewhere on earth there is a real killer, enjoying the benefits of life…

How can his colleagues, judges, prosecutors, police officers, who sent him to harsh places to please someone, live in peace…
By the way, the prosecutor's general, who was in charge of the investigation, soon passed away…
How can he be there with such a grave sin in his heart...? But each of us will have to appear before the supreme judge, at least, with only one, this sin.

It must be you, Sasha. more than enough of this hypocrisy, hypocrisy and heartlessness that the soul no longer accepts it and even regurgitates.
So Alexander Ivanovich reasoned with himself as he walked home through the crisp snow.

The next morning he called on the President of the Court.
"Well?""What is it?" he asked.
- Do you know Pyotr Ivanovich…I could not unsubscribe from the complaint, and wrote a submission about the initiation of criminal proceedings on it. Here it is ... signed by me. In the event that you do not agree with my proposals, then guided by the law and conscience, I myself will present my point of view to the Commissioner for Human Rights... " The
Chairman turned purple

- What are you,.. don't you know what you're doing? Do you understand how you can continue to work here? You…-
"I'll ask you not to poke me."… I'm a little older than you...that's the first thing. And secondly, I leave you my resignation ... "
After these words, Alexander Ivanovich turned and left the office…

 

[Детективное агентство. Украина. Харьков. Львов.]

J'étais très "accro" à cette histoire

 

[Матушкин Андрей Николаевич]

Remercier.