Criminal case against A.V. Lishko

In its sentence of 21.04.2005, the Cheremushki District Court of the City of Moscow pronounced A.V. Lishko and A.A. Vilkov guilty of the crime envisaged by part 2 art. 162 of the CC RF.

A.V. Lishko was sentenced to a five year term of deprivation of liberty without a fine, to be served in a general regime penal colony, and A.A. Vilkov was sentenced to three years’ deprivation of liberty without a fine, to be served in a reform colony.

The court qualified the actions of A.V. Lishko and A.A. Vilkov as assault with an intent to rob, in other words – an attack with the aim of theft of another’s property, carried out with the use of force sufficient to constitute a threat to life and health, by a group of persons acting in collusion by preliminary agreement.

The cassational determination of the judicial division on criminal affairs of the Moscow City Court of 22.08.2005 upheld the sentences.

The resolution of a judge of the Moscow City Court of 25.10.2005 refused to satisfy a supervisory complaint calling for a review of the sentence brought down by the Cheremushki District Court of the City of Moscow and the determination of the judicial division on criminal affairs of the Moscow City Court.

Pursuant to the Determination of the Chairman of the Moscow City Court, the matter was referred to the Presidium of the Moscow City Court of the RF.

In the course of the hearing in the Presidium of the Moscow City Court of the RF, attorneys from the law firm “YUST”, representing the interests of A.V. Lishko, argued that the qualification of the crime was unfounded, and called for a reclassification of the actions of A.V. Lishko as coming under art. 161 CC RF.

The Presidium accepted the attorneys’ arguments, and reclassified the actions of A.V. Lishko to art. 161 CC RF, as a result of which A.V. Lishko received a suspended sentence of 2 years and 3 months and was released from custody upon the conclusion of the hearing.