Example of strongly pronounced politically reasoned sentence
concerning leaders of opposition and enterprise movement of Belarus
on September, 7th, 2004.
The court passed from August, 26th, till September, 7th, 2004.
The court, according to accused, was similar more to circus. The
judge has not allowed subpoenaing and interrogating more than 30
witnesses on case who could give the evidences contradicting charge.
In court those witnesses who owing to specificity of office and
other duties could give evidences only, necessary for a verdict of
guilty have been interrogated only.
In the report of judicial session for removal of a verdict of guilty
indications of witnesses on case have been deformed. The court has
refused to consider remarks on the report of judicial session,
reasoned answer to the remarks to the report of judicial session
accused and protection have not received.
The court has refused to make of the decision under petitions
accused according to criminally remedial code of Belarus, the court
has not allowed accused to cause experts and experts, charge has
been formulated only before ad judgment, till this moment the
accused refused to explain essence of charge. All requests accused
and protection to explain them, than they have offended the
president of Belarus - remained without the answer.
At adjudgment charge and court have decided, that the insult of the
president consists that the accused have called into question
legality of financing of a trip on rest to Austria the president of
Belarus. And the fact of went or did not go to Austria A.Lukashenka
and for whose account, the court has refused to consider.
Criminal case consisted of 7 volumes; each volume has included
approximately 250 sheets of format А4:
2 volumes were made by employees of KGB during the period since May,
1st, 2004 till 18.05.2004,
4 volumes were made by employees of Office of Public Prosecutor,
1 volume has made court.
Indications of employees of militia KGB, the Offices of Public
Prosecutor are put in a sentence basis, received on preliminary
investigation. In interrogation of these employees as witnesses
accused of court it has been given up.
From a court sentence:
Qualifying signs of the specified crimes have found the
acknowledgement during proceeding so by court it is established,
that in the leaflet text is specified, that "President" ostensibly,
abusing the position, uses to suit the own ends money of tax bearers
which are compelled to live in misery. The given statement is
available on a leaflet in the appeal text to come on meeting on May,
1st, 2004 «Come and tell, that you against that for yours the
account« SOMEONE »went to Austria to have a rest, ski, live happily!».
The given appeal, on opinion of court, specifies that composers of a
leaflet deliberately under a word "SOMEONE" mean the President of
Byelorussia and specify that he abuses the office position and at
the expense of tax bearers goes on rest.
It it has appeared enough for condemnation accused on two years of
imprisonment for "Insult" of the President of Belarus.
The court also has applied special confiscation concerning
property accused and has confiscated all withdrawn property accused
on the sum about twenty thousand US dollars. In survey of the
confiscated property and drawing up of its detailed inventory,
estimation by the accused it has been given up. On the accused
Valery Levaneuski's question to the judge: “Why property
confiscation is made?” - the judge has answered, - “Because it was
at your house”.
P. S. concerning judge Demcheno D.V. in a year has been raised
in currency upon a many thousands bribe criminal case. But the judge
safely from court has left at own will, case has been stopped by
local Office of Public Prosecutor under "strange" circumstances,
after its reference in KGB.
SENTENCE (extract)
NAME OF BELARUS
On September, 07th, 2004.
Court of Lenin area of Grodno as a part of chairman Demchenko D. V,
with participation of state accuser Panasjuka E.R., defender Birilov
A.J., having considered in open judicial session of Grodno criminal
case on charge
Levaneuski Valery Stanislavovich,
Born on August, 15th, 1963 in Grodno, the citizen of Belarus...
Under guards on the present case containing from May, 15th, 2004, in
fulfilment of the crime provided by item 368 p. 2 of Criminal code
of Belarus,
Vasilieu Alexander Aleksandrovich,
On March, 18th, 1946 births, the citizen of Belarus....
In fulfilment of the crime provided by item 368 p. 2, 342
Has established:
Levaneuski Valery Stanislavovich, in common in Vasilieu Alexander
Aleksandrovich, giving out themselves for heads of National Strike
Committee of Belarus, since January, 2004 to be engaged began
deliberately the vigorous activity on destabilization of a political
situation in mountains. Grodno, spending active work among
entrepreneurs after the organisation and carrying out on May, 01st,
2004 in Grodno the not authorised meeting of entrepreneurs for which
have called in constantly extended to territories of the Grodno area
bulletins "Entrepreneurs" and leaflets.
In April, 2004, they in common, have prepared again a leaflet with
an appeal "Come! On May, 1st is your day! We wait for All of you on
May, 1st, 2004 at 10.30 on Lenin's Area in Grodno", having placed on
a face sheet of the given leaflet the text, and on the back - a poem
"the Account on utilities or» rent invoice", received from the
unstated person by name of Nikolay, and edited by them in common
which maintenance correlates a described situation in the poem text,
with the concrete official - the President of Belarus and has
obviously offensive character expressed in humiliation of honor and
advantage of the President of Belarus, connected to charge in
fulfilment ostensibly grave crime, abusing the power of the official,
occupying the responsible position which has entailed causing of
essential harm to the rights and legitimate interests of citizens,
expressed in illegal use of public funds.
The given leaflet together with the purpose of public distribution
has been made by them by computer - copy way and then copied in
apartment rented by Levaneuski, on a photocopier "RICOH Proport ir
1010" in number of not less than 5.000 pieces.
In the end of April, 2004 they in common by means of the persons
involved for compensation, publicly extended the specified leaflets
in public places of Grodno, including in markets "Skidelsky" and "Southern",
and also on a residence of citizens: street Gorky, № 13; street
Tereshkovoj, № 29; street Dzerzhinsky, № 123; street of Limoges, №
14,. № 16, № 18; street Dombrovsky, № 13; Hindu highway, № 4, a
building № 1; street of the Soviet Frontier guards, № 94; street
Kabjaka, № 4, a building № 1, the lane Southern № 12 and other
public places.
Vasilieu Alexander Aleksandrovich, on May, 01st, 2004, continuing
the criminal acts, has accepted active participation in the carrying
out organised by him together with Levaneuski, passing on Lenin's
square not authorised meeting in Grodno, approximately from 11
o'clock, in common with VasilevaN.V. and the son of Levaneuski -
Levaneuski V.V.
During carrying out of the specified meeting, by him together with
other holding a meeting persons had been admitted the antisocial
actions interfaced to rough infringement of a public order, by
expression of obvious disrespect for a society, damage of another's
property, display thus disobedience to legal requirements of
representatives of the Grodno Executive Committee of the City Soviet
of People's Deputies and workers of militia about the termination of
not authorised meeting interfaced to application of violence in
relation to workers of militia, accepting lawful action on public
order prompting.
During not authorised meeting, by him together with other holding a
meeting persons had been organized not authorised procession on
streets Socialist, Karbyshev, Telman, Gorodnichanskaja and Soviet in
Grodno, interfaced to infringement of movement of public and other
transport, normal activity of Internal Affairs Department at
administrations of Lenin and October areas of Grodno located on
streets Telmana and Karbysheva, deliberate, from hooligan promptings,
with rough infringement of a public order, about houses №23 and №7
on street Soviet of Grodno, damage of two racks on which were,
intended for realisation, sun glasses of the individual entrepreneur
Fan Van Rojanja. Therefore the damage at a rate of 560.000 rubles
has been caused.
Accused Levaneuski and Vasilieu A.A., the fault in the charge shown
to them did not recognise and evidence has refused.
The fault of accused Levaneuski and Vasilieu in fulfilment specified
above crimes according to court is completely proved and proves to
be true indications of witnesses, expert opinions and other
materials of criminal case.
So, interrogated on case in quality of the witness Zatsepina L.I.
has shown, that she has got acquainted with Levaneuski in public
organisation "Mercy Spring". She some times addressed to the last
for rendering to her help in employment. On April, 26th, 2004,
approximately at 13 o'clock to her home has called Levaneuski and
for compensation in currency has suggested her to be engaged in
distribution of leaflets. Taking into account her heavy financial
position she has agreed. The same day, Levaneuski on a ladder
platform of the apartment, has handed over her four polyethylene
packages with leaflets. The part of transferred leaflets has been
extended by her in micro district "Devjatovka" of Grodno, and
voluntary has given out the remained 2806 leaflets to a
investigation.
Witness Gabrielchik D.I. has shown to court, that in apartment № 16
house № 29 on street Tereshkovaja in Grodno live his parents. On
April, 16th, 2004 he in a mail box specified above apartment № 16
hous № 29 on street Tereshkovaja of Grodno has found out a leaflet.
On one side of the specified leaflet the portrait of Levaneuski has
been printed and appeals to come on May, 01st, 2004 on meeting on
Lenin's square of Grodno. On the back the given leaflet the poem
under a pseudonym Chukovsky is printed. He has read the given
leaflet and considers that speech in the poem printed in a leaflet
goes about the President of Belarus. He considers, that specified
above the poem publicly offends honour and advantage of the
President of Belarus.
He also took part on May, 01st, 2004 in public order protection on
meeting which passed on Lenin's square in Grodno. Meeting has begun
at 10 o'clock quiet. Approximately at 11 o'clock not authorised
meeting of entrepreneurs which made various political and economic
demands in the same place has begun. Thus meeting of entrepreneurs
passed with rough infringement of a public order. Approximately in
an hour one and a half participants of not authorised meeting have
gone to Lenin Internal Affairs Department of Grodno. On road they
stirred to movement of pedestrians, were expressed by rough obscene
abuse, and offended employees of law enforcement bodies. After a
while from Lenin Internal Affairs Department of Grodno participants
of meeting have moved towards October Internal Affairs Department of
Grodno. Transport movement on streets Socialist and Kabysheva in
city has been thus paralyzed.
Witness Gerasimovich V.V. has shown to court, that on May, 01st,
1004 he took part in public order protection on meeting which passed
on Lenin's square in Grodno. Meeting has begun at 10 o'clock and
passed easy. Approximately here not authorised meeting of
entrepreneurs at 11 o'clock has begun. In a course of not authorised
meeting its participants roughly broke a public order, and also
movement of public transport around streets Socialist and Karbysheva
in Grodno has been paralyzed.
The witness Sljusarenko V. A has shown to court, that on April,
29th, 2004 he in the mail box has found out a leaflet. On one side
of found out leaflet the photo of Levaneuski has been printed with
an appeal to come on May, 01st, 2004 on meeting on Lenin's square of
Grodno. On the back the given leaflet the poem "rent invoice" or the
account on utilities is printed. In the given poem, in his opinion,
it was a question of the President of Belarus. In his opinion this
poem has offensive character for the President of Belarus. He
considers that in the specified poem, there are hints with charge of
the President of Belarus in grave crime fulfilment.
The witness Radolitsky M. М, has shown to court, that he took part
on May, 01st, 2004 in public order protection on meeting which
passed on Lenin's square of Grodno. After official meeting,
approximately not authorised meeting of entrepreneurs at 11 o'clock
has begun. During carrying out of the given not authorised meeting
holding a meeting the public order has been roughly broken, public
transport movement on street Socialist has been thus paralyzed.
Witness Moiseyev A.G. has shown to court, that he does not remember
when it was, but in the mail box the leaflet on which there was a
photo of Levaneuski has been found out. Also there was the poem
which sense consisted that ostensibly the President of Belarus
committed crimes has been printed. In the given leaflet Belarus
offending the President of data contained.
The witness Tulja V. I have shown to court, that he has found a
leaflet but when it was in the mail box does not remember, on one
side of a leaflet there was a photo. On the back the given leaflet
the poem has been printed. He asserts that the text of the given
poem contained offensive expressions to the President of Belarus.
Witness Guk A.B. has given to court the evidences similar to
indications of the witness of Tulja V. I.
Besides, the written materials of the present criminal case
announced and investigated in judicial session testify to guilt of
the accused: the official report of the senior local policeman of
Lenin Internal Affairs Department of Grodno Gabrielchik D.I. (t.1,
l.d. 10, 11) from which follows, that on street Tereshkovoj it had
been found out a leaflet with the text of offensive character to the
president; Zatsepina L.I.'s statement (t.1, l.d.94-95) from which
follows, that Levaneuski in the end of April has transferred to her
for leaflet distribution; the report of a search from 07.05.2004 on
a residence of Levaneuski in which course the multiple copying
technics and leaflets (t.1 has been withdrawn, l.d. 128-134); the
report of survey from 08.05.2004 of the withdrawn subjects during a
search from 07.05.2004 on a residence of Levaneuski (t.1, l.d.
135-139), the report of survey from 11.05.2004 of the withdrawn
subjects during a search from 07.05.2004 on a residence of
Levaneuski (t.1, l.d. 159-162), the report of survey from 14.05.2004
of the withdrawn subjects during a search from 07.05.2004 on a
residence of Levaneuski (t.1, l.d. 163-172), the report of survey
from 15.05.2004 a goal of the withdrawn subjects during a search
from 07.05.2004 on a residence of Levaneuski (t.1, l.d. 173-179),
the report of survey from 17.05.2004 of the withdrawn subjects
during a search from 07.05.2004 on a residence of Levaneuski (t.1,
l.d. 180-184), the report of survey from 26.05.2004 of the withdrawn
subjects during a search from 07.05.2004 on a residence of
Levaneuski (t.3, l.d. 69-73); the report of survey from 26.05.2004
years of the withdrawn subjects during a search from 07.05.2004 on a
residence of Levaneuski (t.3, l.d. 106-111), the report of survey
from 07..2004 of the withdrawn subjects during a search from
07.05.2004 on a residence of (t.3, l.d. 148-155), the report of a
search from May, 07th, 2004 in apartment rented by Levaneuski (t.1,
l.d. 200-203); the report of survey from 11.05.2004 of the withdrawn
subjects during a search from 07.05.2004 in apartment rented by
Levaneuski (t.1, l.d. 205-211); the report of survey from 12.05.2004
of the withdrawn subjects during a search from 07.05.2004 in
apartment rented by Levaneuski (t.1, l.d. 212-214); the report of
survey from 26.05.2004 of the withdrawn subjects during a search
from 07.05.2004 in apartment rented by Levaneuski (t.3, l.d. 95-98);
the report of survey from 26.05.2004 of the withdrawn subjects
during a search from 07.05.2004 in apartment rented by Levaneuski
(t.3, l.d. 99-105); The report of survey from 27.05.2004 of the
withdrawn subjects during a search from 07.05.2004 in apartment
rented by Levaneuski (t.3, l.d. 116-126); the report of survey from
01.06.2004 of the withdrawn subjects during a search from 07.05.2004
in apartment rented by Levaneuski (t.3, l.d. 127-130); the report of
survey from 03.06.2004 of the withdrawn subjects during a search
from 07.05.2004 years in apartment rented by Levaneuski (t.3, l.d.
143-146); the report of a search from May, 07th, 2004 on a residence
to Vasilieu A.A. (t.1, l.d. 223-225); the report of survey from
10.05.2004 of the withdrawn subjects during a search from 07.05.2004
on a residence of Vasilieu A.A. (t.1, l.d. 226-232); the report of
survey from 13.05.2004 of the withdrawn subjects during a search
from 07.05.2004 on Vasilieu A.A.'s residence (t.1, l.d. 268-271);
The report of survey from 10.05.2004 of the withdrawn subjects
during a search from 07.05.2004 on Vasilieu A.A.'s residence (t.2,
l.d. 1-8); the report of survey from 08.06.2004 of the withdrawn
subjects during a search from 07.05.2004 on Vasilieu A.A.'s
residence (t.3, l.d. 163-165); the report of a search from May,
07th, 2004 on belonging to Vasilieu A. A in gardening association "Zhyljchnik"
(t.2, l.d. 36-38); the report of survey from 08.05.2004 of the
withdrawn subjects during a search from 07.05.2004 in a garden small
house of gardening association "Zhyljchnik" (t.2, l.d. 39-47); the
report of dredging from 12.05.2004 of leaflets in number of 2806
pieces on a residence of Zatsepna L.I. (t.2, l.d. 56-57); the report
of survey from 14.05.2004 withdrawn by the report of dredging from
Zatsepina 12.05.2004 leaflets (t.2, л.d. 58-60); The report of a
search from 07.05.2004 at office of the Grodno public organisation «The
Spring mercy» located on address: Grodno, street S.Batorija 8, room
330 (t.2, l.d. 62-64); the report of survey from 08.05.2004
withdrawn during a search from 07.05.2004 of subjects at office of
the Grodno public organisation «the Spring mercy» (t.2, l.d. 65-68)
from which follows, that on residences of accused and their
relatives and acquaintances, 12 units of computer and multiplying
technics, account materials to it and electronic data carriers which
were used for manufacturing and reproduction of leaflets are found
out and withdrawn; copies of leaflets. At carrying out of surveys of
the material evidences withdrawn on business initial, intermediate
and definitive variants of the text the leaflets containing both on
electronic, and on paper carriers, and that number, with
hand-written editings are found out; Copies of administrative
materials considered by the administrative commission of
administration of Lenin area of.Grodno (t.3, l. d. 196-202) from
which follows, that accused Levaneuski and his children were
involved in administrative responsibility on p.2,3 item 172 of
administrative Code of Belarus; reports of a presentation for an
identification of leaflets to the witness Maksimik R. I (t5, l.d.
03, 64-66), to witness Dedkovskom A.V. (t.5, l.d. 130, 131-133), to
witness Toporkovoj E.O. (t. 5, l.d. 166, 169-171), to witness Tupik
T.V. (t.5, l.d. 177, 173-180); to witness Trojanu A.A. (t.5, l.d.
234, 235-237), to witness Juhnovtsu I.A. (t.6, l.d. 28, 29-31) from
which follows, that the given leaflets have been found out by them
in mail boxes on a residence; the report of survey of video
recordings of meeting passing on May, 01st, 2004 (t.5, l.d.
263-282); from which follows, that not authorised meeting on Lenin's
square of city and street procession on streets really took place;
reports of repeated and additional survey multiple copying the
device «RICOH Proport jr 1010» t.4, l.d.217, 227-228); the message
of the Grodno city executive committee from 16.06.2004 for ref. №
15/2340 (t.4, л.d. 240, 241) from which follows, that meeting on
Lenin's square in mountains. Grodno have been finished on May, 01st,
2004 at 11 o'clock 00 minutes; the report of survey of leaflets from
13.07.2004 (t.6, l.d. 3-4, 5).
According to the state accuser, action of accused Levaneuski and
Vasilieu A.A. it is necessary to qualify on p. 2 item 368 of
Criminal Code of Belarus, besides, also it is necessary to qualify
actions of Vasilieu under item 342 of Criminal Code of Belarus.
Estimating the proofs presented to court in their sets, court
believes, that guilt of the accused is proved and actions of accused
Levaneuski and Vasilieu A.A. qualifies under item 368 p.2 of
Criminal Code of Belarus as the public insult of the President of
Belarus, connected to charge in grave crime fulfilment. The court,
also qualifies the accused Vasileva A.A.'s actions under item 342 of
Criminal Code of Belarus, as the organisation of the group actions
roughly breaking a public order and interfaced to obvious
disobedience to legal requirements of representatives of the power,
entailed infringement of work of transport, the enterprises,
establishments and the organisations and active participation in
such actions in the absence of signs more grave crime.
Qualifying signs of the specified crimes have found the
acknowledgement during proceeding so by court it is established,
that in the leaflet text is specified, that "President" ostensibly,
abusing the position, uses to suit the own ends money of tax bearers
which are compelled to live in misery. The given statement is
available on a leaflet in the appeal text to come on meeting on May,
1st, 2004 «Come and tell, that you against that for yours the
account« SOMEONE »went to Austria to have a rest, ski, live happily!».
The given appeal, on opinion of court specifies that composers of a
leaflet deliberately under a word "SOMEONE" mean the President of
Belarus and specify that he abuses the office position and at the
expense of tax bearers goes on rest.
Besides, the court considers that the fault accused is proved also
by following materials of case: Vasilieva A.A.'s announced
indications about acquaintance to Levaneuski and about participation
of Levaneuski in editing of the text of a leaflet, including poems;
about transfer of a diskette with the text of a leaflet to the last.
On the basis of this Vasilieu A.A. has declared in the indications,
that Levaneuski used the text of a poem for leaflet manufacturing.
At a search on a residence of Levaneuski one of variants of a poem
with hand-written editings and 263 leaflets, with this poem is found
out and withdrawn. On apartment of Levaneuski and on apartment
rented by him the considerable quantity of computer-copy technics
has been withdrawn. In a closed room of the rented apartment where
the multiplying technics has been found out, the spoilt samples of
leaflets with the text identical to the text of a face sheet of
leaflets, and in other rooms - three copies of the leaflets
identical extended also are found out. Levaneuski has confirmed
accessories is computer - the copy technics to it. Concerning
manufacturing and distribution of leaflets to give evidences has
refused. By consideration 03.05.2004 in court of Lenin area of
Grodno of administrative case under item 167-1 p.2 of Administrative
Code of Belarus Levaneuski recognised, that during the period from
April, 20th till May, 01st, 2004 by means of son of Levaneuski
Uladzimir extended leaflets with appeals about carrying out of not
authorised meeting on May, 01st, 2004.
From indications of citizens of the Grodnos which have found out at
entrances at home of a leaflet, appears, that they consider, that in
the given poem it is a question of the President of Belarus, and the
poem text has offensive character with charge of the last in grave
crime fulfilment.
As follows from the conclusion of a commission of experts from
14.05.2004 (t.2, l.d. 136-138), a poem "the Account on utilities"
has the offensive character expressed in humiliation of honour and
advantage of any language person, including in indirect humiliation
of honour and advantage of the President of Belarus ".
From the expert's statement № 2109 from 16. О6,.2004 (t.4, l.d.
144-188), follows, that as a result of spent examinations uniformity
of a paper on all investigated to 19 indicators on which the
leaflets withdrawn on a residence of Levaneuski are made, and a step
withdrawn from Zatsepina L. I and withdrawn in apartment rented by
Levaneuski is established. The samples of leaflets presented for
research are printed on samples of a paper to the apartment
withdrawn in rented by Levaneuski . The samples of a paper withdrawn
on a residence of Vasileva A.A., on 11 indicators, coincide with
indicators of quality of samples of leaflets.
From the expert's statement № 1682 from 26.07.2004 (t.4, l.d.
219-227), follows, that 6 leaflets presented on research have been
made with use «RICOH Priport jr 1010", withdrawn of apartment rented
by Levaneuski.
From the expert's statement № 1999 from 27.07.2004 (t.6, l.d.
17-23), agree which follows, that images obverse and backs of
leaflets are received with use of a dummy of master films found out,
in a photocopier tray «RICOH Priport jr 1010», withdrawn of
apartment rented by Levaneuski.
In the maintenance of a poem for a designation of object of the
insult by Levaneuski and Vasilieu A.A. except direct instructions «here
is the President», characteristic personal data «game in hockey and
tennis», in a combination to instructions on its state activity «kiravat»,
«ten years» that corresponds to term from the date of election of
the President of Belarus are used. The maintenance of the text of a
poem taking into account the given expressions and a parity of the
described validity, specifies in "binding" described in verses
action of the person named in the text "President" to the concrete
person to the President of Belarus.
Besides in the first variant of a poem found out at a search on
apartment at Vasilieu, it has been specified, «our President», that
in the leaflet has been replaced on «here the President».
Qualifying signs of a crime the provided by items 342 o fCriminal
Code of Belarus according to court prove to be true following
circumstances. As a result of distribution accused Levaneuski and
Vasilieu A.A. of leaflets, on May, 01st, 2004 in Grodno on Lenin's
square has passed not authorised meeting and in a consequence not
authorised procession of entrepreneurs on streets of Grodno, than
the public order has been roughly broken and has been interfaced to
obvious disobedience to legal requirements of representatives of the
power. During not authorised procession public transport movement
has been broken, are blocked militias stations of Lenin, and then
and October areas of Grodno, two racks with the goods of the
entrepreneur who has not supported the given action are damaged. In
the text of the Lithuanian there is an appeal: « Come with an empty
pan and a spoon, with the poster, come to make the protest. Come
with rotten eggs, with rotten fruit, come and show to this power as
you estimate its activity! »
The given appeals, according to court, specify that organizers of
not authorised meeting planned in advance group actions breaking a
public order, interfaced to obvious disobedience to legal
requirements of representatives of the power, having entailed
disorganisation of normal activity of transport, establishments.
Participants of meeting had been damaged property of the individual
entrepreneur Fan Van Roanja, normal activity of public transport was
blocked, there was a disobedience to legal requirements of
representatives of the power that Fan Van Roanja proves to be true
indications of witnesses, the statement of the individual
entrepreneur, the videorecording of not authorised meeting seen in
judicial session and the report of survey of videorecordings of
meeting passing on May, 01st, 2004.
Aggravating responsibility accused Levaneuski and Vasilieu A.A. of
circumstances on case by court is not established.
Softening responsibility of accused Levaneuski and Vasileva
A.A.circumstances court it is not established.
Defining a kind and a punishment measure accused, the court
considers public danger of deed, the person accused that, accused
have not realised illegality of the actions, have not repented in
deed, besides, considering the negative characteristic of accused
Levaneuski on a residence, that Levaneuski was repeatedly involved
in administrative responsibility for fulfilment of offences
encroaching on the established order of management court believes,
that correction and re-education accused probably only in the
conditions of isolation from a society.
According to the items 162-163 of criminally remedial code of
Belarus, the court considers necessary to collect with accused
Levaneuski and Vasilieu A.A. in favour of Scientifically research
institute of problems criminalistics and judicial examination of the
Ministry of Justice of Belarus the suffered expenses at a rate of
643.278 (six hundred forty three thousand two hundred seventy eight
roubles connected with carrying out of examinations on the present
criminal case (t.4 l.d.219-220, t.6 l.d.17-18).
According to p.6 item 61of Criminal Code of Belarus the court
applies special confiscation concerning material evidences: the
multiple copying device «RICOH Priport jr 1010», photocopiers «XEROX
5815», «XEROX Docuprint №32»; the printer «НР DESRJET 350»; a
cartridge from the multiplying device; laptop "Mitac" together with
the adapter and the computer mouse in a box; the typographical
equipment in a box and a suitcase; the copier «Canon FC 220»; two
computer system blocks; the printer «Ерsоn FX-1170» in a box; two
printers of the jet printer «DeskJet 350»; twenty packs of the paper,
four boxes with subjects withdrawn in apartment of Levaneuski,
sealed up by press of KGB; ten boxes with the withdrawn subjects in
the apartment rented by Levaneuski, sealed up by press of KGB; a
polyethylene package with the withdrawn leaflets and master films;
the diplomat sealed up by press of KGB; 24 packages which have been
sealed up by press of KGB with subjects withdrawn during a search
which are directly connected with a crime having turned them in the
state income.
Material evidences: three videocassettes to store at criminal case
materials.
On the basis of stated and being guided by item 350-352 item, 356,
358-361, 364 of criminally remedial code Belarus, court
S E N T E N C E D:
Levaneuski Valery Stanislavovich to recognise as guilty of the
public insult of the President of Belarus, connected to charge in
fulfilment of grave crime and on the basis of p.2 item 368 of
Criminal Code of Belarus to appoint punishment in the form of two
years of imprisonment with punishment serving in a corrective colony
of the general mode.
Vasilieu Alexander Aleksandrovich to recognise as guilty of the
public insult of the President of the republic Belarus connected to
charge in fulfilment of grave crime and on the basis of p.2 item 368
of Criminal Code of Belarus to appoint punishment in the form of two
years of imprisonment.
Vasilieu Alexander Vasilevich to recognise as guilty of the
organisation of group the action, roughly breaking a public order
and interfaced to obvious disobedience to legal requirements of
representatives of the power which have entailed infringement of
work of transport, the enterprises, establishments and the
organisation and active participation in such actions in the absence
of signs more grave crime and on the basis of item 342 of Criminal
Code of Belarus to appoint punishment in the form of one year of six
months of imprisonment.
According to p.2 item 72 of Criminal Code of Belarus by absorption
of less strict punishment by more strict punishment, definitively to
appoint to Vasilieu Alexander Aleksandrovich two years of
imprisonment with punishment serving in a corrective colony of the
general mode.
Preventive punishment to the condemned Levaneuski to leave former -
the conclusion under guards.
Term of departure of punishment to the condemned Levaneuski to
estimate since May, 15th, 2004.
Preventive punishment to the condemned Vasilieu A.A. to change from
a subscription about staying in the city and appropriate behaviour
to imprisonment, having detained it in a court hall immediately.
Term of departure of punishment to the condemned Vasilieu A.A. to
estimate since September, 07th, 2004.
To collect from the condemned Levaneuski and Vasilieu A.A. in
advantage Scientifically - Research institute of problems of
criminalistics and judicial examination of the Ministry of Justice
of Belarus the suffered expenses at a rate of 643.278 (six hundred
forty three thousand two hundred seventy eight) roubles, in a
solidary order.
Material evidences on the business, stored at materials of the
present criminal case: the multiple copying device «RICOH Priport jr
1010», photocopiers «ХЕRОХ 5815», «Xerох Docuprint №32»; the printer
«HP DESRJET 350»; a cartridge from the multiplying device, laptop "Mitac"
together with the adapter and the computer mouse in a box; the
typographical equipment in a box and a suitcase; the copier «Canon
FC 220»; two computer system blocks; the printer «Epson FX-1170» in
a box; two printers; the jet printer «Desket 350»; twenty packs of
the paper, four boxes with subjects withdrawn in apartment of
Levonevsky Century С, sealed up by press of KGB; ten boxes with the
withdrawn subjects in the apartment S rented by Levonevsky Century,
sealed up by press of KGB; a polyethylene package with the withdrawn
leaflets and master films; the diplomat sealed up by press of KGB;
24 packages sealed up by press of KGB with the subjects withdrawn
during a search, under the introduction of a sentence into validity
to turn into the state income.
Material evidences: three videocassettes stored at case, under the
introduction of a sentence into validity to store at materials of
the present criminal case.
The sentence can be appealed against and protested in the Grodno
regional court through court of Lenin area of Grodno a current of
ten days from the date of its declaration, and condemned in the same
order and in the same term from the date of delivery of a sentence
copy by it.
The chairman: D.V.Demchenko
The note: in the given printing version of a sentence the spelling,
grammatical, lexical errors admitted by the judge at a writing and
removal of the text of a sentence are kept in the original legal "lapses",
.
Note: Translated by means of machine translation. The original
text in Russian is on a site
www.levonevsky.org or
www.levonevski.net
