On April 25, 2012, Donara Dzhaparidze filed a cassation appeal with the Lublin Court of Moscow against the sentence passed on Yuri Tikhomirov, who was found guilty of the murder of anti-fascist Ilya Dzhaparidze in the summer of 2009.
“ I filed a cassation appeal because I do not agree with the sentence and the 10-year sentence, as well as with the amount of compensation for moral damage of one million rubles ,” said the mother of anti-fascist Donara Japaridze. The woman added that she is asking for the sentence to be overturned, insisting that the crime was not committed by accident, but as a result of well-planned actions. Such a crime, in the applicant's opinion, deserves a more severe punishment. In addition, early release of the convict is possible. " For the deprivation of life of a person who was only twenty years old, such a" mild "punishment? The public prosecutor asked for 14 years, but the court made a different decision. My moral and physical suffering was estimated at one million rubles. I lost my son - hope and support. is that fair? ” said D. Japaridze.
On April 23, Yury Tikhomirov's lawyer also filed a complaint against the verdict. Defender Alexander Vasiliev appealed the verdict of the Lublin court, so how he thinks illegal due to procedural violations committed during preliminary investigation. The lawyer added that the evidence the guilt of his client is doubtful, and the testimonies of witnesses are contradictory. In addition, according to the defense counsel, the actions of his client Y.Tikhomirov were incorrectly qualified.
" The court committed a breach when it changed the motive for the crime from national hatred and enmity on the motive of revenge, believing that Tikhomirov took revenge on Dzhaparidze for beating Skachevsky's sister , "- said A.Vasiliev. He considers this wording to be a violation of the law, " because the court was not have the right to go beyond the scope of the charges brought, even if Tikhomirov's accusations were "swept aside" by the motive of national hatred, to accuse him of any other motive was a violation, which is also one of the grounds for annulment of the guilty verdict .
Recall that on April 17, 2012, the Lyublinsky District Court of Moscow recognized 25-year-old Yuri Tikhomirov guilty of the death of anti-fascist Ilya Dzhaparidze and sentenced him under part 1 of article 111 of the Criminal Code of the Russian Federation (infliction of grave bodily injury resulting in death) to ten years in a penal colony. Besides, Tikhomirov will have to pay compensation to the relatives of the murdered one million rubles. The relatives of the deceased anti-fascist were repeatedly called from threats.
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