Briefing by Dmitry Yeryomin, Deputy Chairman of the Supreme Court – the Head of the Criminal Chamber of the Supreme Court of the Donetsk People's Republic

On November 29, 2017, the Donetsk news agency hosted a briefing by Dmitry Yeryomin, the Deputy Chairman of the Supreme Court – the head of the Criminal Chamber of the Supreme Court of the Donetsk People's Republic.

For the period from 01/01/2017 to 10/31/2017 the judicial system of the Donetsk People's Republic has been performing work on the administration of justice and protection of constitutional rights and legitimate interests of citizens at a high level.

According to statistical data as of October 31, 2017, the courts of general jurisdiction of the Donetsk People's Republic registered 67,864 court cases and material, including 12,354 criminal cases and material. Of which 56,334 court cases and material have already been considered, including 8,304 criminal cases and material.

Of the total number of criminal cases and materials considered by the courts of the Donetsk People's Republic:

- 3,667 decisions were rendered, upon these decisions 4,210 persons were convicted, of them 1 521 were sentenced to imprisonment, 68 persons were released, including due to already finished term, 8 absolutory sentences;

- 349 requests for parole in the care of 349 persons were considered;

- 129 requests for change of measure of restraint, of which 104 requests for release.

As of October 31, 2017, courts of general jurisdiction, registered 154 appeals against actions (omissions) by people holding an inquest, by inquiry bodies, investigators, heads of investigation departments, prosecutors; and appeals against orders to dismiss criminal complaint, to initiate and terminate a criminal case, of which 145 applications have already been considered.

As of October 31, 2017, there were 9,225 cases and materials pending in courts of general jurisdiction, including 8,933 cases and material received in 2017, of which 8,701 cases and material have already been considered, including 1,020 cases and materials returned by courts.

According to operation static as of October 31, 2017, the total amount of fines imposed by court decisions of courts of general jurisdiction in criminal cases amounts to 9,777,746 Russian rubles, including 2,072,175 Russian rubles were paid on a voluntary basis.

The total amount of fines, in accordance with the decisions on imposing an administrative penalty for administrative offenses, is 1,879,262 Russian rubles, including 1,100,602 Russian rubles paid on a voluntary basis.

Thus, the total amount of fines imposed by court decisions of the courts of general jurisdiction is 11,657,008 Russian rubles, including voluntarily paid 3,172,777 Russian rubles.

As of October 31, 2017, in the Supreme Court of the Donetsk People's Republic, there were pending 4,870 court cases and materials on the first, cassation and supervisory instances, including 1,880 criminal cases and materials; 111 cases and materials on administrative violations.

For 10 months of 2017, the Supreme Court of the Donetsk People's Republic has considered 4,244 court cases and material, which amounts to 87.2% of the total number of cases and materials registered, including 1,623 criminal cases and material; 102 cases and material on administrative violations.

It should be noted that the Supreme Court of the Donetsk People's Republic has rendered sentences on resonant criminal cases and cases of special social significance.

For instance, in the Supreme Court of the Donetsk People's Republic there was a pending criminal case against citizen P. accused of rape and murder of a minor, born in 2006.

The court found that, on 21/08/2015 in Shakht¢ersk, citizen P. had committed rape of a minor, and other violent acts of sexual nature against the victim. The crime the perpetrator killed the minor, trying to avoid responsibility for the deed and conceal.

It was established that citizen P. is a person previously convicted of rape of a minor, satisfaction of sexual passion in a perverted form with the use of physical violence, as well as a number of other crimes.

Taking into account all the circumstances of the case, as well as the personality of the convict and the level of his public danger, by the sentence of the Supreme Court of the Donetsk People's Republic dd November 6, 2017, citizen P. was found guilty and sentenced under part 5 of Art. 133, part 5 of Art. 134, clauses "c", "l", part 2 of Art. 106, Arts. 68, 69 of the Criminal Code of the Donetsk People's Republic to an exceptional measure of punishment in the form of the death penalty with confiscation of all personal property of the convict.

In addition, in Ukrainian courts there was a pending case against citizen R. which for a long time did not find its solution, due to which the criminal case was taken to the Supreme Court of the Donetsk People's Republic and was considered as soon as possible.

Citizen R. was charged with the following crime: on December 20, 2009, in order to get revenge for the offenses that his live-in lover’s mother and sister had inflicted on him, and also for their trying to dissuade and prevent cohabitation of their relative with citizen R., the criminal decided to kill them. Taking a folding knife, he left the village Alexandrovka, Maryinsky district, for the micro district Shiroky (Kirovskiy district of Donetsk), where women lived. Women, being well acquainted with R., let him in, where the murderer first struck a knife in the neck of his live-in lover’s mother. When she defending herself knocked the knife out of his hand, he found a kitchen knife in the closet in the hall. With this knife he inflicted twenty-six blows to the head, chest and belly of his live-in lover’s sister, and then returned to the room and inflicted at least fifteen knife wounds to her mother. The criminal decided to contrive the murder, committed with particular cruelty, so that it looked as assault related to robbery, and after committing the murder he scattered things around the rooms, and secretly stole a mobile phone worth 486 UAH.

On November 13, 2017, the Supreme Court of the Donetsk People's Republic delivered a verdict according to which citizen R. was found guilty of committing crimes under Part 1 of Art. 164 of the Criminal Code of the Donetsk People's Republic and paragraphs 1, 4 of Part 2 of Article 115 of the Criminal Code of Ukraine, and sentenced to life imprisonment with serving a sentence in a correctional colony of a special regime.

In the Supreme Court of the Donetsk People's Republic there was also a pending case on charges of citizen P. and citizen K. of committing a robbery to steal money and a car committed by a group of persons by prior conspiracy, with the threat of violence dangerous to life and the of weapons.

The court established that citizen K. entered into a preliminary conspiracy to commit a robbery attack on citizen Y. with a person whose criminal record was separated into a separate proceeding and which, in its turn, involved citizen P  into a criminal conspiracy.

On March 31, 2015, these individuals committed an armed assault, as a result of which criminals seized money from citizen Y. in the amount of 989,820 UAH and a car valued at 487,544,73 Russian rubles.

By the verdict of the Supreme Court of the Donetsk People's Republic of November 27, 2017, citizen P. was found guilty of committing a crime, provided for under paragraph "b" of Part 4 of Art. 174 of the Criminal Code of the Donetsk People's Republic, and sentenced to 12 years imprisonment, with a fine of 50,000 Russian rubles and a one-year prison term; citizen K. was found guilty of committing a crime, provided for under paragraph "b" of Part 4 of Art. 174 of the Criminal Code of the Donetsk People's Republic, and sentenced to 11 years imprisonment, with a fine of 50,000 Russian rubles and a one-year prison term.

To date, the exercise of justice as a way to protect rights and legitimate interests is considered by citizens as a priority, as evidenced by the significant work load of the courts.

The judicial system of the Donetsk People's Republic successfully overcomes the challenges posed by the time and the military situation, continues to improve and develop itself, and at the present stage of the functioning of the judicial system it can be safely claimed that the judiciary continues its formation as one of the most important state institutions.

I would like to thank the judges for the proper performance of their work at a high level and the maintenance of the authority of the judiciary.