Monitoring of the case of Sorokin Sergei Vladimirovich, Sorokin Vladimir Viktorovich (hearing on June 22, 2020)
On June 22, 2020, the Shevchenkovsky District Court of the city of Lvov considered the case in criminal proceedings number 12019140090003025 on charges of Sergei Vladimirovich Sorokin and Vladimir Viktorovich Sorokin of committing a crime under Part 4 of Article 187 of the Criminal Code of Ukraine (robbery aimed at seizing property on a large or especially large scale, or committed by an organized group, or combined with causing grievous bodily harm).
The criminal proceedings are considered collegially, consisting of three judges: A.I. Bayeva, P.T. Eder, D.B. Glinskaya. The hearing on this case was scheduled for 2:30 pm, and began with a delay of 10 minutes. The International Society for Human Rights continues to monitor this case.
The course of the hearing. At the hearing, the prosecutor Petlevaniy D.I. filed a petition to extend for the accused Sergei Sorokin and Vladimir Sorokin the measure of restraint in the form of detention for a period of 60 days, referring to the risks provided for in paragraphs 1, 3, 5 p. 1 of Article 177 of the Criminal Procedure Code of Ukraine. The prosecutor motivated by the fact that the accused may try to hide from the court, unlawfully influence witnesses, commit another criminal offense, or continue to engage in criminal activity. He asked the court to satisfy his request without the possibility of posting bail. According to the prosecutor, a number of written evidences confirming the guilt of the accused Sorokins were examined at the hearing.
The lawyer of the accused Sorokin S. V. – Dolya R. B. objected to the prosecutor’s request. He emphasized that his client had admitted his guilt, however, the evidence referred to by the prosecutor for extending the measure of restraint in the form of detention is inadequate and asked the court to pay special attention to this. In the opinion of the ECtHR, the quality of the evidence must be taken into account, including whether the circumstances under which it was obtained raise doubts about its reliability or accuracy (“Jalloha v. Germany”, para. 96).
The defendant’s lawyer Sorokin V.V. – O.B Zhivko also objected to the prosecutor’s petition. According to the lawyer, the risks referred to by the prosecutor are not substantiated. The risk that the suspect would obstruct the proper conduct of the pre-trial investigation cannot be assessed in the abstract, but must be supported by factual evidence (“Bekchiev v. Moldova”, para. 59).
The defense asks not to apply measure of restraint in the form of detention, but apply it in the form of a personal obligation. The defendants’ lawyers asked the court to refuse to satisfy the prosecutor’s petition to extend the measure of restraint for the accused in the form of detention.
Accused Sorokin S.V. and Sorokin V.V. supported the opinion of their defenders.
The court, after consulting, decided to grant the prosecutor’s request, extending the detention for 60 days.
The next hearing is scheduled for 08/31/2020 at 11:00 am. The International Society for Human Rights will continue to monitor this trial.