Personal self-defense. Judgment and effect: two life examples
If I had to choose between freedom of elections and freedom of the press, then I would choose freedom of the press.
The utterance of some historical figure
The utterance of some historical figure
Those who more or less regularly read my publications will be able to recall that I mentioned there noisy media and public campaigns in defense of the self-defenders threatened with prison, the success of these campaigns, their own possible participation in them. I also wrote that more and more representatives of law enforcement and judicial systems are beginning to openly sympathize with the idea of personal armed self-defense of citizens, trying in their activities not to follow the established practice of investigating and prosecuting such cases. Proceeding from this, I wrote that the need for media and public protection of investigators, judges and prosecutors who show legitimate loyalty to self-defenders, which is at odds with established judicial and investigative practice, or police officers who used no ceremony weapon during the detention of inveterate criminals. In particular, I myself organized and participated in the action of the Right to Arms movement in defense of the Moscow police officers who, chasing an Uzbek drug dealer, shot him dead when he started driving on a carriageway among passersby in his car.
In short, I began to receive very curious letters and I want to tell you about the two that have come in the last year and a half. I agreed this story with the authors of the letters, everyone asked for maximum anonymity. So…
In a certain, by no means depressed, but rather prosperous city with the status of a district center, there lived a guy from a simple family, a talented light heavyweight boxer with a powerful right-handed and remarkable reaction. Once he won a very prestigious competition, and when he returned home, he was joyfully dragged into a nightclub by familiar guys from the “golden youth”, local majors, who were flattered by having a champion in their company. And in the club another, steeper major Major crowd got angry because of envy and began to defiantly pester the girls from the boxer company, a fight ensued, the “cool ones” flew like crazy, later it turned out that they were “weed” smoked. The boxer, too, “harnessed” for his own, worked as the main fighter, beat carefully, only on the body, scattered enemies like balls. And suddenly, at some point, I saw that the leader of the rivals was now putting a knife in it, the answer was one reaction! He blocked his hand with a knife with his left, even cut himself slightly, and with his right one, he punched him in the face with all his heart. He did not kill, did not even knock out, but the brutal type very unsuccessfully fell at some angle. Spinal fracture, wheelchair disability for the rest of your life. Next - the police and the investigation. And the victim turned out to be the son of the richest local tycoons, who with the mayor of Vasya-Vas, mastered municipal budgets for the construction and improvement of the city. In general, the investigation was “stimulated” and tuned accordingly, the case went to court, the boxer was “ordered” for the longest term for inflicting grievous bodily harm under aggravating circumstances. The case turned out to be noisy, the city was worried, many sympathized with the boxer, but with sorrowful resignation did not believe in a fair decision. Mother of the unfortunate guy turned gray and cried all eyes. And suddenly the judge, an experienced, respected, honored person, delivered a practically acquittal sentence, giving a small suspended sentence, given that the boxer fought after drinking !! Tetanus! But the prosecutor and the victim’s lawyers quickly filed a cassation with the region in full confidence that the case would be returned to another judge for review. Before the regional hearing, the judge who released the boxer spoke with the chairman and the entire board of the regional court, where he stated that if the region returns the case for reconsideration, he will raise all local and Russian media to his feet and start preparing boxer appeals in all instances to the boxer up to the European Court! The regional judges even worried at first, saying that their colleague had gone mad inadvertently? But then everything ended quietly, solidly, in a compromise ... The regional court upheld the verdict, and the district judge resigned from the court, as if responding with his resignation instead of a boxer to those who wanted revenge.
The second story I came from the southern edges of the promising young prosecutor, now the former. As soon as he received a position in the regional prosecutor's office, he was immediately put to supervise the investigation of the murder case, so that he would later support the charges in court. And suddenly it turned out that a man whom he knew well was accused of murder on the basis of personal dislike during a conflict, to put it simply, fights. Both of them are from the local district of the city, studied at the same school, even made friends. This classmate of the prosecutor was a contract soldier in the army for a long time, passed hot spots, has awards and injuries, as well as a long reputation of a man not only brave, but also honest, balanced, friendly. The young prosecutor began to look very closely at the investigation, personally interviewed local operas, who were the first at the scene of the murder, studied all the testimony of the accused. And drew a picture ...
One day, late summer evening, the future defendant was walking along a deaf alley of his native town, there are many such nooks in the private one-story houses with gardens. And suddenly from behind a corner some type of nose-to-nose rushes at him and literally pokes a gun at his face, demands to put his hands behind his head and immediately begins to go around the pockets of a man with his free hand. But he reacted, unexpectedly snatched his hand with a pistol, turning it to 180 degrees! And the shot slammed, right in the eye of the attacker, on the spot. At first, the self-defender was taken aback, he tried to somehow “revive” the robber, touched his face, he also grabbed a gun without a clue. Then with the help of people he called the police and the ambulance, gave testimony. A couple of days later he was arrested and taken to the regional center for investigation. The victim turned out to be a petty recidivist, who served two short periods of time: one because of his minority for hooliganism, the second for an attempt to rob. In addition, a drug addict, perhaps a fatal assault was made to get a “dose” out of fear of the approaching “breaking.” His gun was an illegal injury. The investigation confidently led the case to the fact that the self-defense officer sat down heavily for murder in a scuffle on the basis of personal hostility, anticipating rewards for uncovering the murder and improving general regional indicators on detection. This calculation was based on two points: it was unclear whose injury was, there were fingerprints from both defendants, and there were no witnesses to the attack, and, as it turned out, once, still by high school students, both of these people had a strong fight once, because the future recidivist with his punks provoked a company of children, in which the future suspect was. But since that time, they have never crossed paths at all, the defendant has assured that he did not even recognize the victim when he jumped on him. Having studied all this, the young prosecutor went to consult with the regional prosecutor and during the conversation he pressed on the fact that he knew the suspect well and was confident in the veracity of his testimony. And the regional prosecutor said kindly and fatherly to him that in their common profession they should not take anything to heart and influence the result. They say that there is an immutable rule: "there is a corpse, there must be a landing," the investigation must be observed in compliance with the procedures, and not in substance. All doubts and circumstances in favor of the accused - the case of a lawyer and judges. If you do not agree, then you can easily be replaced by another prosecutor in this case, but for your career this will be a major puncture. After this conversation, the young prosecutor looked at the regional court practice in similar cases and realized that his countryman and friend did not “swim out”. However, the hands are not lowered. First of all, he persuaded to take up the protection of the accused of his acquaintance lawyer, a fellow student in law.
Began to steal a pair! The prosecutor demanded that the investigation find out exactly where the traumatic pistol came from, since the number was on it. And found out! The story was the wildest !! The injury had previously belonged to one doctor, who the previous year, in the previous summer, was driving his car to the sea along the road passing through the town where the described story occurred. His wife and two daughters were driving with the doctor: a first grader and a kindergarten nursery. At the entrance to the town, the doctor was stopped at a traffic police post, examined the car, found an injury in the glove compartment, checked his documents and released him. But in the town itself, the car was stopped again, the police with machine guns tied up the doctor and dragged them to the “monkey house”. They were kept there for an hour and a half, and then they began to "prick". They said that on the road where the doctor was traveling, there was a serious emergency with the use of trauma, and they must now detain him until the investigators come from the area. And the doctor in the car left a wife and daughters in fear and hysterics! In short, he escaped from these policemen, leaving them with his injury and five thousand rubles. The prosecutor easily found out the entire police outfit, who was on duty on the day the doctor was detained. Of course, there were no reports of the detention, and there were no stories of emergency on the road with the participation of the trauma either, but it turned out that a couple of police officers from this outfit had once been in the circle of the murdered offender. And later, the local opera, again at the personal request of the prosecutor, through their "snitchers" found out that the victim boasted of this injury to close chums and said that he bought it cheaply from "his cops", who often take such "toys" from passing on roads , then "pushed" someone will have to, and the proceeds collectively drunk. The prosecutor found out all this information without the participation of the investigation and did not provide the investigation. Then he managed to negotiate with the doctor so that he, if need be, would come to identify the policemen who had robbed him.
The trial of this case began at the appointed time, and nothing foreshadowed any super-events ... But suddenly, when the prosecutor’s speech began, he suddenly spoke out sharply in defense of the accused, said that he had at his disposal facts pointing to discovered circumstances, and asked the court to postpone the hearing to another day. The court agreed stunned! And at the entrance to the court gathered journalists from local newspapers and TV, this is a lawyer warning in advance. The case received wide publicity. The young prosecutor was urgently summoned to the regional prosecutor, where he told him what he had managed to dig up. And he is ready to throw out all this information to the press, if this court passes the sentence to the accused, planned by the investigation. The smell of scandal is not something of a regional, but an all-Russian scale. But the case ended quietly amicably. The accused was given a small suspended sentence. And the young prosecutor was already “fatherly harsh” and said that he was too “original” and would never fit into the team of the local prosecutor’s office. In short, get out yourself before we squeeze you out with a "wolf ticket" (deprivation of the right to engage in legal work!) Through some kind of fraud.
In general, the former judge mentioned above and the former prosecutor became lawyers and do not regret it. To them, customers queued up the bar, full and very cash. For people after the wide publicity of the events described above appreciated not only the professionalism of these lawyers, but also their reputation as honest advocates capable of human compassion.
I do not give these stories my personal assessment, but I really want to see how the readers will appreciate them.
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