2024-07-27 14:34:28
Previously, the court of first instance found Lazarev guilty and sentenced him to a suspended prison sentence in accordance with Article 55 of the Criminal Law. The regional court, considering the appeal, overturned the judgment of the Riga city court on the application of a conditional sentence, imposing a real prison sentence on him.
The verdict was appealed to the Supreme Court, but the court refused to initiate cassation proceedings.
Part of the arguments of the defendant and his defense were related to the different assessment of the circumstances affecting the punishment. They were essentially aimed at getting the contested decision annulled not on legal grounds but on factual grounds. In accordance with the provisions of the law, the Supreme Court checked whether the court has correctly applied the provisions of substantive law and whether it has not committed such violations of procedural law that can be recognized as essential and have led to an illegal decision. In accordance with the law, the cassation instance court did not clarify the actual circumstances in the case and did not reevaluate the evidence in the case.
The other arguments of the defendant and his defense attorney did not raise doubts about the legality of the appealed decision. For example, the defense attorney argued that the court had yielded to the pressure of the President. AT found that the punishment was determined in accordance with the purpose of the punishment specified in the Criminal Law, observing the general principles of determining the punishment specified in the Criminal Law. Accordingly, the defender’s argument did not raise any doubts about the legality of the appealed ruling.
It has already been announced that the first instance court previously sentenced the man to a two-year suspended prison sentence with a two-year probationary period. However, the beaten young man filed an appeal, so the case had to be heard in the district court.
Initially, the prosecutor’s office imposed 200 hours of community service on Lazarev last summer for the attack on the young man. It was possible to reach such an agreement because the accused admitted his guilt and paid the moral damage compensation demanded by the victim – 6034 euros.
However, the young man’s lawyer appealed the prosecutor’s decision, the General Prosecutor’s Office canceled the prosecutor’s decision on the mentioned punishment and the criminal proceedings were renewed.
In the court of first instance, prosecutor Herta Miķelsone had asked the accused to be sentenced to a conditional prison sentence for two years, as well as probation supervision.
On May 20, 2022, a march “For liberation from the Soviet legacy” took place from the Freedom Monument to Uzvaras Park in Pārdaugava. After the march near the place of the event, on Eduardas Smilģa street, Lazarev drove a “BMW” car. He stopped the vehicle and injured a young man born in 2003 who had a Ukrainian flag wrapped around his shoulders.
Although the “BMW” left the scene after the incident, it was found out that the attacker was Lazarev, born in 1984, who had already been noticed by the police.
The car was later found by the police in the yard of a private house, and its license plates had been changed in order to hide the whereabouts of the perpetrator. The attacker himself was hiding behind the chimney in the attic of his residence.
Police officer Anastasia Tvirko was in the car next to the attacker at the time of the attack. She has been charged with inaction in another case. The policewoman is retired from service.
The Riga city court sentenced the policewoman to a fine of 9,300 euros, but Cvirko appealed the verdict.
2024-07-27 14:34:28