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30 SEP 2024
The Court of Cassation affirmed the judgment for Andrej Timin. In 2023 he was sentenced for his refusal to fight
30 SEP 2024
On September 30, the Military Court of Cassation reviewed the case of Andrej Timin. The sentence of 2.5 years in a penal colony, issued for his refusal to participate in hostilities in Ukraine, was upheld.
About the case:
Andrej Timin served under a contract in the Khabarovsk Region. He refused to participate in the war in Ukraine as early as February 2022.
In September 2022, he filed a resignation report, but soon after, the authorities announced mobilization. He believed he was discharged and began preparing to return home. However, a month later the decree was withdrawn and Timin was reinstated. By persuasion and threats he was forced to go to war.
But Andrey remained defiant: "I simply showed up without my uniform at the morning formation. <...> I stood there, listened to the anthem, the priest prayed—and then I left."
In February 2023, an order was issued requiring servicemen to deploy to the combat zone. He refused again. As a result, a criminal case was opened against Andrej Timin for failure to comply with the order.
On August 8, 2023, the court sentenced him to 2.5 years of imprisonment in a penal colony. In October, the appeal court upheld the verdict.
Following the verdict, Andrey Timin emphasized that he would act the same way again, even knowing the consequences: "I believe it was worth resisting."
We wrote in detail about the story of Andrej Timin here.
In September 2022, he filed a resignation report, but soon after, the authorities announced mobilization. He believed he was discharged and began preparing to return home. However, a month later the decree was withdrawn and Timin was reinstated. By persuasion and threats he was forced to go to war.
But Andrey remained defiant: "I simply showed up without my uniform at the morning formation. <...> I stood there, listened to the anthem, the priest prayed—and then I left."
In February 2023, an order was issued requiring servicemen to deploy to the combat zone. He refused again. As a result, a criminal case was opened against Andrej Timin for failure to comply with the order.
On August 8, 2023, the court sentenced him to 2.5 years of imprisonment in a penal colony. In October, the appeal court upheld the verdict.
Following the verdict, Andrey Timin emphasized that he would act the same way again, even knowing the consequences: "I believe it was worth resisting."
We wrote in detail about the story of Andrej Timin here.
The defense position was as follows:
when imposing a sentence, the court of first instance committed a violation of the criminal law, which affected the amount of the punishment.
When rendering a guilty verdict, the court of first instance recognized the commission of a crime during the period of mobilization as an aggravating circumstance (clause “l”, part 1 of article 63 of the Criminal Code).
In accordance with paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 18, 2023 No. 11 “On the practice of courts considering criminal cases of crimes against military service”, in cases where the commission of a crime during special periods is not provided for in the articles of Chapter 33 of the Criminal Code as a sign elements of a crime against military service (for example, articles 335, 336, 343, 345, 349 - 352), when assessing the degree of public danger of such crimes, courts should discuss the issue of taking into account aggravating circumstances provided for in paragraph “l” of Part 1 of Art. 63 of the Criminal Code.
At the same time, part 2.1 of Art. 332 of the Criminal Code directly provides for the presence of a special period as a sign of a crime, in particular the presence of military operations, which is enshrined along with the period of mobilization in paragraph “l” of Part 1 of Art. 63 of the Criminal Code.
In other words, the court should not have included aggravating circumstances in the case in the form of a “special period” (mobilization), since such circumstances are already indicated in Part 2.1 of Art. 332 of the Criminal Code, under which Timin was convicted.
The cassation court failed to recognize this violation of criminal law and upheld the verdict.
***
You can write Andrey a letter:
- online through the “Zonatelecom” service;
- or send a letter by mail.
612815, Kirovskaya oblast`, Verkhnekamskiy rayon, pgt. Lesnoy, ul. Centralnaya
FKU IK-27 (Lesnoy) OUHD UFSIN Rossii po Kirovskoy oblasti (uchastok kolonii-poseleniya)
Timin Andrey Dmitrievich, 1999 g.r.
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