HomeCategoryКримінальне право

In 2013, criminal proceedings were initiated against the Client under Part 2 of Art. 189 of the Criminal Code of Ukraine – extortion committed with the threat of violence against the victims and damage to their property, committed by a group of persons by prior conspiracy.

The client was arrested and detained for about two years. Later, the court delivered an acquittal, which was subsequently groundlessly cancelled by the court of appeal. After that, the indictment was returned to the prosecutor twice to eliminate the deficiencies.

In this case, the ECHR ruled in favour of the Client and awarded just satisfaction.

In 2023, the criminal proceedings against the Client were closed by the court due to the expiry of the statute of limitations, although there were all prospects for a second acquittal.

We appreciate and respect the choice of each client, and this case was no exception.

Lawyer Artem Fedosin was contacted by the parents of their illegally convicted son for committing a crime under Part 2 of Article 185 of the Criminal Code of Ukraine – repeated theft.

According to the prosecution, this crime was committed during the probationary period for a similar crime committed earlier, and therefore, in this case it was no longer possible to impose a punishment other than actual imprisonment.

Having entered into this case at the stage of appeal before the debate, thanks to the efforts of Artem Fedosin, the guilty verdict was cancelled and the criminal proceedings were closed due to the failure to establish sufficient evidence to prove guilt in court and the exhaustion of the possibilities of obtaining it.

The client was immediately released from custody in the court of appeal.

In 2013, the Client was detained on suspicion of committing a crime under Part 2 of Article 115 of the Criminal Code of Ukraine – premeditated murder for profit, committed on order, by prior conspiracy by a group of persons.

This crime is punishable by 10 years to life imprisonment with confiscation of property.

The trial has been ongoing since 2014 with the participation of a jury.

After Artem Fedosin’s lawyer Artem Fedosin entered the case in 2020, the Client’s preventive measure was changed from custody to nightly house arrest, which was subsequently terminated and the Client currently has no preventive measure.

Also, in this case, the ECtHR ruled in favour of the Client and awarded just satisfaction.

The client was the subject of a criminal trial, in which several charges of particularly serious crimes were brought against him:

• under Part 4 of Article 189 of the Criminal Code of Ukraine – extortion committed by an organised group, with the threat of violence against the victim, restriction of rights, with the threat of murder or infliction of grievous bodily harm, combined with violence dangerous to life or health;
• under part 2 of Article 187 of the Criminal Code of Ukraine – robbery, combined with violence dangerous to the life and health of the person who was attacked, by a group of persons by prior conspiracy;
• under Part 2 of Article 296 of the Criminal Code of Ukraine – hooliganism accompanied by particular audacity committed by a group of persons;
• under part 3 of Article 296 of the Criminal Code of Ukraine – hooliganism accompanied by particular audacity committed by a group of persons, related to resistance to other citizens who stopped hooliganism;
• under part 4 of Article 296 of the Criminal Code of Ukraine – hooliganism accompanied by particular audacity, committed by a group of persons, with the use of firearms;
• under Part 2 of Article 146 of the Criminal Code of Ukraine – kidnapping by a group of persons by prior conspiracy;
• under Part 3 of Article 146 of the Criminal Code of Ukraine – abduction of a person for mercenary purposes with the use of weapons committed by an organised group;
• under Part 1 of Art. 263 of the Criminal Code of Ukraine – carrying, storage, purchase, transfer of firearms without a permit provided by law.

As a result of the trial, the Client was fully acquitted of the charges under Part 2, 3 of Art. 146 and Part 2 of Art. 187 of the Criminal Code of Ukraine and sentenced to 5 years in prison for the totality of other crimes.

7 victims filed appeals, which were rejected by the Court of Appeal, and thus the verdict of the court of first instance remained unchanged.

In 2013, criminal proceedings were initiated against the Client under Part 2 of Art. 189 of the Criminal Code of Ukraine – extortion committed with the threat of violence against the victims and damage to their property, committed by a group of persons by prior conspiracy.

The client was arrested and detained for about two years.

Later, the court acquitted him.

The Client’s defence during the pre-trial investigation and in court was provided by attorney Artem Fedosin.

Also, in this case, the ECHR ruled in favour of the Client and awarded just satisfaction.

In 2013, a criminal proceeding was initiated against the Client under Part 2 of Article 368 of the Criminal Code of Ukraine, i.e. bribery in a significant amount.

As a result of the trial, the fact of provocation was proved, and the Client was fully acquitted due to the absence of the elements of the criminal offence.

The Client’s defence during the pre-trial investigation and in court was provided by lawyer Artem Fedosin.