As it became known “Газете.Ru” convicted on the scandalous case of an accident that killed six-year-old Alex Shimko Balashikha requests for postponement of punishment. In April Olga beneficial filed in the Railway city court of Moscow region the corresponding petition. On the basis of article 82 of the Russian criminal code
Beneficial asks for postponement appointed her three years in a penal colony up until her young daughter she raised alone, not turns 14 years old. Now, 10 years old girl.
Previously, the protection of Alisovoy already addressed a similar request to the Moscow regional court within the framework of the appeal against the sentence imposed in the Railway after the high profile accident, which took place in April 2017. Then the lawyer Natalia Kurakina asked the court to send the case for retrial. In turn beneficial in case of refusal of the appeal, requested to allow the court to give her the opportunity to raise a daughter.
“The child changed residence, school, friends, I couldn’t send her to her grandmother, had to relocate to another city, she’s stressed, she’s not sleeping and crying at night. I asked to cancel the verdict, or give me a reprieve, said beneficial in court.
– Alyosha did not return, it was an accident, but my daughter is innocent”.
Despite requests from Alisovoy and the hard pressure of her lawyer, March 1, 2018 Moscow regional court left the verdict unchanged Alisovoy. With regard to the request for a continuance, Mosoblsud encouraged to make this request again in the Train, which was done.
Recall that currently the daughter of Alisovoy raising her sister, which was designed to keep the baby custody. The woman’s husband is still serving time in prison for participation in kidnapping, like his older brother about it on air “the First channel” said mother Alisovoy.
In this case was sentenced in jail since July 7, 2017 until the appeal on March 1, 2018. This means that in the colony she will have to spend at least eight months less.
As expected, the boy’s father Roman Shimko was strongly opposed to the culprit of the accident that killed his son was released. Shimko has already sent to Railway district court, and in Moscow regional court the petition for refusal of requests Alisovoy (the document is available “Газеты.Ru”).
In his complaint he recalled that the woman confessed to the incident. He argues that beneficial and her family still blamed the incident the grandfather of the boy who went with him for a walk that fateful day.
“Damned beneficial in the course of preliminary and judicial investigation guilty of a crime under part 3 of article 264 of the criminal code is not recognized, as well as conducting telephone conversations during perfect it an accident, — said in the text of the complaint. — Hitting on a young Alex Shimko is the culprit of the fatal accident considers “an accident”. — His criminal act beneficial not realized adequately. A fatal impact on the child, which she also dragged more than 10 meters, making his death extremely painful, condemned from the beginning described in cynical terms such as “the child jumped out”, “feel the obstacle on the move”, “couldn’t see”.
The last statement reinforces the victim the reasonable opinion that beneficial carried out in an altered consciousness, so repeatedly changed indications”.
While Shimko in his complaint drew attention to the fact that the daughter of Alisovoy is now in good conditions.
“From official documents contained in the seventh volume of the criminal case about the accident, it follows that in respect of the child of Alisovoy was svoevremenno installed custody, which carries her sister by name Komisarova. The daughter of convicted lives in a full family. In accordance with the law guardians receive the necessary compensation. These funds are sufficient for the maintenance of the child. The social situation of her daughter while serving punishment in a colony-settlement in no way will not worsen, as the mother of Alisovoy employed as a nurse, has a stable income and able to participate in the child’s upbringing of his daughter”, — the statement says Shimko.
In an interview with “Газетой.Ru” the lawyer Lipatnikov Alexander said that the courts often meet mothers who applied with similar requests. In the future, convicts are usually in a colony-settlement are no longer. “Courts sentence people with deferred execution, because this category refers to crimes committed by negligence, such acts were not planned, said Lipatnikov.
— Rather frequent phenomenon is the situation when nobody in the colony has not flagged, even when the children reach 14 years of age: announce all kinds of Amnesty, the person may apply for early withdrawal of a criminal record. And usually, it all ends in nothing.
In this case, if the case is accompanied by a loud response, this may cause the court any pressure. This really happens although this should not be the law all the same. This is a particular case of a really loud and what the decision of the court – the big question”.
Recall that the accident, which became known all over the country due to the strange circumstances surrounding his investigation, occurred on April 23, 2017 in the yard of a house in Balashikha. Around 19.00 a child of six with his grandfather was coming back from trips — they spent several hours at the Playground nearby.
In that moment, when the boy ran across the road toward his entrance, the child was hit by a car Hyundai, at the wheel which there was a local resident Olga beneficial. According to a large number of witnesses, she went with considerable excess of speed. Witnesses at the trial revealed that a motorist ran over a child the front and rear wheels and dragged him on the road about 10 meters — emergency braking it was not used.
Media attention to the investigation of the accident attracted the father of the deceased child, employee Regardie Roman Shimko, who spoke about the difficulties with the criminal case, and that the boy’s blood found alcohol.
November 15 Railway court Balashikha admitted 31-year-old motorist Olga Alisovo guilty in the Commission of a fatal accident and sentenced her to three years in prison and payment to the injured party 2.5 million rubles in moral compensation. The verdict did not suit either side and they sent an appeal to Motoblog. But he was adamant and March 1, 2018 decided leave alisovoy appointed the punishment in force without any modifications.