The Borisov District Court considered a criminal case against a resident of the Borisov District, V., for committing a crime under Part 2 of Article 339 of the Criminal Code of the Republic of Belarus (malicious hooliganism).
When questioned as an accused, V. explained that the day before the incident, he and his wife were visiting their friend G., where they were celebrating the birth of her niece.
At the party, he drank about 1 liter of vodka. Around 9:00 p.m., an Opel car drove up to G.'s house, and three guys got out. G. went to the car and started talking to them about something. Since the conversation was taking place in raised tones, V. decided to intervene. However, when V. approached the car, the guys were already getting in.
Approaching the car, he leaned on the trunk lid, scratched the car's paintwork, and then hit the rear window with his fist, causing the glass to break.
V. could not explain his actions clearly. He explained that he was in a strong state of alcohol intoxication, he wanted to destroy everything and did not care who and what harm he was causing with his actions. At the court hearing, V. fully admitted his guilt and repented of his actions.
By the court's verdict, V. was found guilty of intentional actions that grossly violated public order and expressed obvious disrespect for society, accompanied by the destruction and damage of other people's property, committed repeatedly (since V. already had an outstanding conviction for a crime of a similar nature).
Taking into account the gravity of the crime committed, the position of the victim, as well as the personal data of V. (he is permanently employed, has a minor disabled child in his care), on the basis of Part 2 of Article 339 of the Criminal Code, he was sentenced to restriction of freedom without being sent to an open-type correctional facility for a period of 2 (two) years.
In accordance with Part 1 of Article 73 of the Criminal Code, in the aggregate of sentences, the unserved portion of the sentence under the previous sentence was partially added to the assigned punishment, and the final punishment assigned was restriction of freedom without referral to an open-type correctional facility for a period of 3 (three) years.
By virtue of Part 1 of Article 43 of the Criminal Code, the court recognized the presence of a recidivism in V.’s actions, since he, having an outstanding conviction for intentional crimes, again committed an intentional crime.
At the same time, the sanction of Part 2 of Article 339 of the Criminal Code of the Republic of Belarus, along with the restriction of freedom, also provides for a more severe punishment (imprisonment for a term of one to six years). Thus, with a different, more rigid position of the victims, V. could have ended up in places of deprivation of liberty.
The sentence has not entered into legal force.
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).
