The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender

The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender

The Supreme Court of Russia replaced the real term with a suspended sentence due to the poverty of the offender
Supreme Court of Russia, court ruling, ruling, criminal liability, smuggling, suspended sentence, poverty

The lower courts found him guilty and sentenced him to three years in prison.

However, upon a detailed examination of the case, it turned out that the judges formally approached the issue, without taking important facts into account.

At the time of the crime, the convict had seriously ill children and elderly parents dependent on him, his monthly income was 8 thousand rubles, and immediately after the man had been detained, he pleaded guilty. The convict's lawyer insisted that the crime committed did not cause actual harm: the consignment of cigarettes was confiscated.

The Supreme Court of Russia came to the conclusion that the courts did not assess the mitigating circumstances and the impact of the sentence passed on the living conditions of the family of the perpetrator and applied the provisions on probation.

The board noted that the crime was committed due to the difficult financial situation. Previously, the man was not prosecuted, admitted his guilt and repented, and the convict's family needs his help and support.

As a result, the decrees of the lower instances were canceled, and the imprisonment was replaced with a suspended sentence.


23.09.2021