About the Case: Valery Dubenyuk is accused of using violence against a government representative (Part 1 of Article 318 of the Criminal Code of the Russian Federation). According to the investigation, on March 6, 2022, Dubenyuk participated in an illegal and unauthorized rally. The defendant, together with Kirill Korolev, attacked a police officer, the commander of the Kievsky squad, in an attempt to release a detained man.
The case is being heard in the Oktyabrsky District Court of Saint-Petersburg, with Judge Irina Alexandrovna Kerro presiding.
The session began with a delay of one and a half hours. Bailiffs did not permit press access and suggested filming the convoying of the defendant. Only seven people were allowed into the courtroom as per the judge’s discretion. Ultimately, there were nine members of the public in the courtroom, but there were still free seats. The reasons for these restrictions were unclear, and no one questioned or protested against them.
Judge Kerro did not wait for all members of the public to enter and started the session promptly. The window in the courtroom was open, and street noise made it difficult to hear. Kerro hurriedly and monotonously presented the case materials, making it challenging to follow.
Defense attorney Mikhailova requested the attaching of documents characterizing the personality of her client, as well as a receipt for the payment of compensation to the victim, which was a check for 15,000 rubles. Among the documents were a copy of the military ID, a disability and health certificate for Dubenyuk’s grandmother, and a letter of appreciation from the Museum of Peoples of the World. The judge attached the documents in the case.
Dubenyuk’s grandmother is dependent on him, and he assists her financially and with household tasks, including buying necessary groceries. However, Dubenyuk’s income is not very high, and he has an outstanding loan. His brother and sister also assist in caring for their grandmother.
Dubenyuk claims that he attended the rally with the intention of expressing his civil position. He did not plan to use violence and wanted to express his stance peacefully.
The court then proceeds to question the witness, the defendant’s sister, Elena Dubenyuk. She describes her brother as a kind and affectionate person but mentions that he can have an explosive temperament when he feels offended or experiences injustice, although he is not inclined toward aggression in daily life.
Both Valery and his brother, as well as Elena herself, take care of their grandmother. Elena claims that the grandmother mostly manages on her own, and Valery responds promptly to her requests.
The prosecution presents the stance of the case as follows:
On March 6, 2022, from 15:39 to 15:45, the defendant participated in an illegal and unauthorized rally. He was located near House No. 2 on Pirogov Lane. Dubenyuk understood that the victim, Kievsky, was a government representative.
The defendant actively resisted during his apprehension. He forcefully grabbed the police officer’s uniform in the area of the arms, pulling him towards himself, attempting to bring the police officer to the ground. Dubenyuk struck the victim at least once with his right hand in the head area while forcefully holding the little finger of Kievsky’s right hand with his left hand. He also struck the victim in the chest and attempted to strike the police officer in the head, but the officer managed to evade the blow.
As a result, police officer Kievsky suffered physical pain, moral suffering, and moral harm.
The defendant admitted guilt, expressed remorse, and requested that the case be considered in a special procedure.
The prosecutor asks for a year and a half of penal colony and satisfy the civil suit..
In her turn, lawyer Mikhailova points out that her client grew up in challenging conditions, considering the early death of his mother and domestic violence from his father. Despite this, Valery Dubenyuk has received letters of appreciation, provides support for his grandmother, and is employed. All of this suggests the potential for rehabilitation without deprivation of liberty, and she requests a non-custodial sentence. She also highlights that a prison sentence would significantly complicate his medication regimen.
In his last word, the defendant states that a suspended sentence will allow him to return to work and promptly compensate for the damage caused. Valery Dubenyuk apologizes to his sister, conveys his apologies to his grandmother and brother for “letting them down,” and expresses gratitude to “everyone.”
Judge Kerro sentences the defendant to 1 year of imprisonment in a correctional settlement colony. The time spent in custody will be counted as one day in pre-trial detention for every two days served in the colony.
The plaintiff’s claim by Kievsky is partially satisfied, with Dubenyuk ordered to pay 20,000 rubles.
