In accordance with Part 1 of Article 86 of the Criminal Code of the Republic of Belarus, a person who has committed a crime for the first time that does not pose a great public danger, or a less serious crime and has compensated for the damage, may be released from criminal liability with administrative liability.
According to Part 1 of Article 30 of the Criminal Procedure Code, the right to terminate criminal proceedings with release from criminal liability is vested in the court, the prosecutor, and also the investigator, with the consent of the prosecutor.
The district prosecutor's office, while examining the criminal case against G., initiated by the Borisov ROSK under Part 1 of Article 211 of the Criminal Code (appropriation of property by a person to whom it was entrusted), established the following.
G., working as a driver of a MAZ vehicle in one of the branches of the Republican Unitary Enterprise of Highways "Minskavtodor-Center", being a financially responsible person, having the intent to steal diesel fuel entrusted to him, belonging to the enterprise, for selfish purposes, by draining it from the fuel tank of the MAZ vehicle assigned to him, in the period from February to May 2023, while in the territory of the Minsk region, using a hose, canisters and a personal vehicle, appropriated 380 liters of diesel fuel with a total value of 889.20 rubles, causing property damage to the enterprise in the specified amount.
Taking into account the circumstances that G. committed a less serious crime for the first time, repented of the crime he had committed, was positively characterized at his place of residence and place of work, and fully compensated for the damage caused by the crime, the district prosecutor decided to terminate the criminal proceedings and release G. from criminal liability with the imposition of administrative liability on him.
Based on paragraph 1 of part 2 of Article 86 of the Criminal Code, G. was subject to an administrative penalty in the form of a fine to the state in the amount of 30 basic units in the amount of 1,200 (one thousand two hundred) rubles.
However, despite the fact that G. avoided criminal liability, his reputation and authority in the team, alas, were noticeably shaken.
The material was prepared by the Deputy Prosecutor of the Borisov District, Justice Advisor I. P. Ladik especially for the information and news portal "Belnovosti" (Certificate of state registration of mass media (mass media) No. 2 dated December 21, 2018).
