The lawyer of the convicted General Popov filed a complaint against the verdict
The defense of the former commander of the 58th combined arms army Ivan Popov appealed the sentence to him. The ex-team, recall, received five years in the case of fraud with metal structures for protective structures in Zaporozhye and was deprived of the title of Major General. The lawyer of the convict is convinced that neither the investigation nor the court figured out the circumstances of the case – in particular, this applies to the place and time of committing the crime incriminated by Mr. Popov.
The lawyer of the former commander Ivan Popov, Sergei Buinovsky, sent to the 2nd Western District Military Court an appeal against the sentence issued to his client on April 24. So far, a short version of the complaint has been filed – it was required to comply with the procedural terms. Tornyly, claims to the verdict will be formulated by the defense later – after receiving on hand and studying the protocol of the court session.
“The whole process was a continuous violation of the law,” Kommersant said Buinovsky’s lawyer.
The Tambov garrison military court, as “Kommersant” said, then the Major General Popov was still guilty in particularly large fraud (part 4 of article 159 of the Criminal Code of the Russian Federation) and the official forgery (part 2 of article 292 of the Criminal Code of the Russian Federation) and appointed him five years of colony of general regime, a fine of 800 thousand rubles, and also deprived the military title. Another person involved in the case, entrepreneur Sergey Moiseev, who was accused only of fraud, was sentenced to four years in prison.
According to the Main Military Investigative Department of the Investigative Committee, from January to June 2023, Major General Ivan Popov and the former deputy commander of the troops of the Southern Military District, Lieutenant General Oleg Tsokov, organized the theft of more than 1.7 thousand tons of metal production products provided by the administration of the Zaporizhzhya region, and also entered the official documents of the enterprise of their entertainment about their admission Military units.
In their criminal activity, in the case file, Generals Popov and Tsoi attracted Kommersant Moiseev, who sold the stolen metal rolling. As a result, the state caused damage in the amount of over 100 million rubles.
The criminal prosecution of General Tsokov was discontinued in connection with his death on his. He was posthumously awarded the title of Hero of Russia.
Ivan Popov did not admit his guilt either in court. The conviction sentenced to him, says Buinovsky’s lawyer, does not meet the requirements of the Code of Criminal Procedure (CPC). The emphasis in its brief complaint makes the fact that, according to the requirements of the Code of Criminal Procedure, not only the essence of the prosecution, but also other circumstances, in particular the place and time of the crime, should accurately indicate in the indictment. Namely, they remained not clarified by either the result or the court.
In particular, the defense indicates, from the prosecution brought by Ivan Popov that the abducted metal distribution Sergey Moiseev, with the help of other people who were not aware of the criminal intentions of the defendants, transported to the territory of a well -rented warehouse in the village of Druzhny Krasnodar Territory, where he sold for cash. And in the indictment of the conclusion of the completion of the crime, the Moscow and Lipetsk regions are indicated (metal suppliers are registered there). The instruction of the last region, according to the defense, in particular, made it possible to unreasonably transfer the hearing from the south of Russia to the Tambov military court.
The complaint also notes that there is no certainty in the case file with the time when the metal supply entered the warehouse in the friendly and the accused, respectively, were able to dispose of them at their discretion. The time of the end of the crime is again indicated the moment of the export of metal rolling from supplier firms, but after that the property was not at the disposal of the defendants, but by the hired drivers who, according to the charges, were not the participants in fraud.
Separately, the defense notes that from the prosecution it remained incomprehensible what specific actions were committed by General Popov during the implementation of the criminal plan and whether they were committed at all.
In addition, another circumstance is noted in the complaint, which, according to Buinovsky’s lawyer, makes the verdict unlawful. The document states that even before removing to the advisory room, the judge appreciated « evidence for their sufficiency. » Meanwhile, the Code of Criminal Procedure clearly states that the judge gives the assessment of the evidence presented in the case directly during the sentencing in the advisory room. It turned out that the presiding judge twice expressed his opinion on the circumstances of the case of the ex-General, and this is prohibited by the Code of Criminal Procedure, by the decision of the Constitutional Court and a number of other documents, since such actions cast doubt on the objectivity and impartiality of the judge.
The defense of Ivan Popov expects to achieve the abolition of the conviction and justify the ex-commandant in the appeal of the abolition.
