Exonerated Aliaksandar Kruty groundlessly kept in jail

31.01.2008. Tags: criminal persecution.

On January 24th, Niasvizh court found Aliaksandar Kruty guilty of public insult of the president (Article 368 of the Criminal Code). However, in conjunction with the fact that the actions of the convict did not bear a big threat to the society, Aliaksandar Kruty was exonerated from punishment, and the criminal case was stopped. During the investigation a forensic medical examination was carried out. It showed, Aliaksandar Kruty was sick with paranoid schizophrenia. The court ruled to apply compulsory measures of care in a mental hospital with ordinary care.

However, judge L. Drachan, when making a verdict, did not take the following circumstances into account. According to Article 448 part 2 of the Code of Criminal procedure, the court could not rule to give compulsory medical treatment to Kruty, because “the actions of the convict do not bear a big threat to the society, Aliaksandar Kruty was exonerated from punishment, and the criminal case was stopped”.

Meanwhile, Aliaksandar Kruty, who was exonerated from punishment, is still kept in Zhodzina pre-trial center, in conjunction with the fact that, according to the court verdict, the restraint can be cancelled only when Kruty is placed into a mental hospital. It turns out, that the person who was exonerated from punishment, is still kept in jail. It is unknown when and what hospital he will be placed in.

Human rights defender Valiantsin Stefanovich thinks this is a ground to appeal against the court decision. Maryana Siameshka, the lawyer of the convict, also thinks about filing a cassation appeal. She does not agree with the verdict. She believes, the guilt of Aliaksandar Kruty was not proved with the presented evidence, and the charges were dropped not on the rehabilitating grounds, but because of absence of a threat to the society.