“The Kyiv Court of Appeal overturned the conviction of the former guard of the clinic in the Desnyanskiy district of the capital of Vadim Moshkin, a convicted person last year up to 4 years for abandoning in danger, which led to the death of three people, and sent proceedings for new consideration to the first instance.”, – WRITE: www.pravda.com.ua
Source: “Judicial Reporter” with reference to the decision dated May 28
Details: According to the prosecution, at night, on June 1, 2023, during the alarm, the guard for more than 10 minutes did not let people into the basement that performed the function of the simplest shelter.
Advertising:
Two women and a 9-year-old girl, remaining in the open area, came under rocket fire and died.
Moshkin appealed the sentence.
Literally: “In the Court of Appeal, he said that he did not hear that they were knocking on the door, and when he heard, he went to open the door, but the explosion occurred and an entrance group of glass doors fell on him, which he wanted to open, as a result of which he was also injured.
Order # 301, which allegedly had the obligation to open the door to the shelter, according to Mokshin, in fact appeared after the tragedy, and before he did not see him and did not sign his signature there. The main entrance to the clinic was the entrance to the storage facility. Moshkin and other guards were liable, so the doors closed at night. ”
The Court of Appeal noted that during the pre -trial investigation and at first instance they did not check the version of the protection of the real possibility of Moshkin in time to respond to air alarm and, accordingly, the presence of intent. The investigative experiment was not conducted according to his version, and the moment of issuing the order # 301, which allegedly put on the guards the obligation to open the door in the shelter, was not clarified.
According to the judges of the Court of Appeal, the sentence was justified. The court of first instance, allegedly, did not analyze each evidence both separately and in relation to other evidence, did not explain why he rejected the version of the accused and did not indicate for what reasons did not take into account the arguments of the defense.
The court questioned two witnesses. The guard of the same institution (probably Moshkin’s wife) said that at night the door should be closed, not known to Order # 301, the alarm within the building was not heard, the entrance to the shelter from the outside was constantly closed.
The deputy director of the clinic on technical issues confirmed that the basement was not officially referred to as shelter and he did not know about the order # 301, but conducted the guards of the guards on the use of shelter. In addition, he explained that at the time of the event the order at night was not open. The witness said that given the architectural features of the hospital, it is not possible to hear alarm alarm from the street, and the room was not equipped with alarm.
The sentence was canceled and appointed a new trial in the court of first instance.
Currently, the case file has not yet been transferred to the Desnyanskiy District Court of Kyiv – a new judge and the date of meetings has not been determined.
Recall:
- Officials on the same fact are also considered in court. The proceedings apply to 4 persons: Director of the Municipal Security Department of the Kyiv City State Administration, the first deputy chairman of the Desnyanskiy district in Kyiv city state administration, director of the medical institution and deputy director of the hospital. They are charged with the commission of official negligence, which caused grave consequences (Part 2 of Article 367 of the Criminal Code of Ukraine).
- In March 2024, the Desnyansk District Prosecutor’s Office of Kyiv reported that she had sent an indictment against these people to court.
Prehistory:
- On the night of June 1, 2023, three people were killed in the rocket attack of Russian invaders in Kiev, including a child in 2013. The residents tried to get to the shelter of the clinic in the Desnyanskiy district, but the doors were closed.
- Criminal proceedings were opened on this fact. The court chose precautionary measures to four suspects in the case. In particular, the guards of the clinic Moshkin were sent to custody for two months without bail.
- The prosecutor’s office even explained why the guards were put in a pre -trial detention center, and officials were only given a 24 -hour house arrest.
- On June 29, 2023, the Kyiv Court of Appeal changed the preventive measure of Vadim Moshkin’s guard in the case of the death of people through a closed shelter in Kiev. Instead of being in the detention center, he was assigned a night arrest.
- On July 30, 2024, the Desnyanskiy District Court of Kyiv issued a sentence in the case of the former guard of the capital polyclinic Vadim Moshkin – the man was found guilty of leaving in danger, which led to the death of three people, and imposed a punishment in the form of 4 years of imprisonment.