
The Presidium of the Krasnodar Regional Court abolished the verdict against the accused of fraud of Nadezhda Tsapok, his mother serving the term for mass murder in Kushchevskaya Sergey Tsapk, RIA Novosti reports. The case is aimed at a new consideration.
"The cases were returned to the court of first instance on the basis of two articles of the Code of Criminal Procedure - part 2 of Article 61 and Article 63," said the representative of the regional court. These articles indicate the inadmissibility of participation in the trial of a judge or prosecutor, interested in the outcome of the case, and the re -participation of the judge in the consideration of the criminal case.
The decision to "initiate supervisory proceedings on the complaint of a lawyer on the revision of the sentence" was accepted by the Supreme Court, the representative of the Armed Forces said. According to him, the Supreme Court submitted this complaint to the Presidium of the Chrysud.
On August 18, 2011, the Kushchevsky District Court sentenced Nadezhda Tsapok to three years in a colony and a fine of 500 thousand rubles for fraud. The guide Tsapok Nadezhda was a polite convicted of 2.5 years conditionally.
The investigation believes that Nadezhda Tsapok, being the general director and founder of Arteks-Argo OJSC, organized illegal receipt of state considies in the amount of 15 million rubles with the available tax debt to the budget in 2010. The arrears of taxes amounted to 30 thousand, it would be impossible to obtain a subsidy without its repayment, the charge said. Therefore, Tsapok ordered to prepare a fake certificate to the tax authority on the absence of debt.
The defense of Tsapok insisted that tax payments were not transferred due to the error of an employee of the tax inspectorate, who had previously been convicted of issuing this fake certificate. During the interrogation, Tsapok said that at the time of the arrears of taxes, on the Settlement Account "Arteks-AGRO" there were about 20 million rubles, and a debt of 30 thousand rubles "was not at all for the enterprise with a billionth turnover." In court, she explained that the financial flows of the enterprise were primarily aimed at "paying taxes, and then at everything else."