10/08/2021 in the Zhidachevsky district court of the Lvov region with the participation of the presiding judge S.I. Slivka the case was considered in criminal proceedings No. 12021141130000107 of 03/09/2021, in which Nakonechny Maryan Vladimirovich (born on 09/07/1985) is accused of committing a criminal offense under Part 1 of Art. 115 of the Criminal Code of Ukraine, “Intentional unlawful infliction of death on another person (murder)”.
The prosecutor of the Zhidachevsky district prosecutor’s office Boiko Bogdan Iosifovich, the victim Vanko Valentina Igorevna, the accused Nakonechny Maryan Vladimirovich, the lawyer of the accused – Mikhailyuk Dmitry Antonovich arrived at the hearing.
According to the materials of the case on 03/08/2021, at about 2 p.m., Nakonechny Maryan Vladimirovich, being in the apartment of the victim Vanko Sergey Ivanovich, who was born on 07/05/1933, drank alcoholic beverages with the latter. While drinking alcoholic beverages in one of the rooms of the apartment, being in a state of alcoholic intoxication, Nakonechny M.V. on the basis of suddenly arisen hostile relations, stabbed Vanko S.I. with a knife in the head. The victim died from the received bodily harm.
During the trial, the accused partially admitted his guilt in committing the alleged crime. He did hit the victim and inflict bodily harm, but he had no intention of killing the latter. It should be noted that later, during the pleadings and the last words Nakonechny M.V. fully admitted his guilt in the crime.
The circumstances aggravating criminal liability in this situation are the commission of a crime against an elderly person and the commission of a crime by a person under the influence of alcohol.
It should be noted that the court rejected the arguments of the defense attorney about the absence of an aggravating circumstance – the commission of a crime while intoxicated, since Nakonechny M.V. testifying in court, he admitted the fact that he had consumed alcoholic beverages (the lawyer, as evidence in the case, filed a statement of the director of the KNP “Khodorovskaya City Hospital” dated 06/04/2021. According to the results of the examination of the accused on 03/10/2021, it was established that the latter was sober at the time of the examination).
The measure of restraint in the form of detention was left unchanged by the court.
The victim did not file a civil claim in this criminal proceeding.
The court passed a verdict in which Nakonechny Maryan Vladimirovich was found guilty of committing a criminal offense under Part 1 of Art. 115 of the Criminal Code of Ukraine and sentenced him to eight years in prison.
When considering criminal proceedings No. 12021141130000107 of 03/09/2021 against Nakonechny M.V., accused of committing criminal proceedings under Part 1 of Art. 115 of the Criminal Code of Ukraine, according to ISHR observer, there were no violations of human rights.
Experts of the International Society for Human Rights will continue to monitor this case in the context of the possibility of filing an appeal.