Today the judicial panel of the Orenburg Regional Court on criminal cases planned to examine an appellate appeal of former head of Penal Colony-Settlement No. 11 Filyus Khusainov against the verdict of the Novotroitskiy City Court which declared him guilty of committing a crime under item “a, b” Part 3 Article 286 of the Criminal Code of the RF (abuse of office using violence and weapons), and sentenced him to three years prison term in a standard regime penal colony. However, prior to commencement of Khusainov’s appellate appeal examination the representative of the Prosecutor’s Office submitted a motion requesting to return the criminal case back to the Novotroitskiy City Court in order to resolve the Prosecutor’s Office notes on the court records. Having consulted his defense lawyer Khusainov asked the court to dismiss this motion, but the judicial panel of the three judges, represented by Sergey Baranov, Vladimir Avdeyev and Elena Zuderman, agreed to the Prosecutor’s Office requests and returned the case back to the to the Novotroitskiy City Court for examination of the Prosecutor’s Office notes on the court records.
Lawyer of the Committee for Prevention of Torture Albina Mudarisova: «The Prosecutor’s Office notes on the court records amounted to the fact that the court records lack the references to the criminal case materials, which were examined in the course of the judicial proceedings at the court of the first instance. According to the criminal and procedural legislation, all the results of the evidence examination shall be put down to the court records, otherwise the parties do not have the possibility to refer to this evidence at the court of appeal. I presume that the judicial panel of the Orenburg Regional Court was absolutely right to satisfy the Prosecutor’s Office motion and to send the criminal case to the court of the first instance for examination of the notes on the merits. Negative reaction of the defendant to such a motion is fairly understandable, since in the course of the appellate appeal examination the defense team could have referred to the fact that the materials in question had not been examined at the court of the first instance, and, consequently, cannot be treated as evidence during the appellate appeal examination. After the examination of the Prosecutor’s Office notes on the court records the Novotroitskiy City Court will hand over the criminal case to the Orenburg Regional Court so that the judicial panel on criminal cases commence examination of Khusainov’s appellate appeal».