The victim had no complaints

The Zyuzinsky court of Moscow sentenced the accused of theft of a phone for 5 thousand rubles by one year and three months of a colony

According to the prosecution, “having criminal intent”, 26-year-old Maxim Khokhlov, on January 5, 2017, allegedly stole the phone for 5 thousand rubles and a passport from the pocket of the citizen of Uzbekistan Mumin Muminov, but “did not manage to bring his plan to the end,” as he was detained by police officers.

According to Khokhlov himself, the Uzbek, whom he met on the street that day and agreed with him to drink vodka, became bad in the subway - he went through, at the final stop “Dmitry Donskoy Boulevard”, Khokhlov could not even get him out of the car, and documents and telephone fell from the pockets of the drinking companion. Khokhlov allegedly collected his things and, seeing the police officers on the platform, called them to the aid. They took two drunken men to the department, Khokhlov pulled Muminov’s things out of his pockets. He was accused of attempting to steal a phone and documents, and who woke up after Mumin was asked to write a statement that his phone had stolen. A day later, the victim wrote a statement to the police that he had no complaints about Khokhlov, the phone and passport were returned to him, and asks not to arrest a person. Muminov spoke about the absence of claims against Khokhlov in court. However, Khokhlov was never released from custody.

Perhaps he played a role that Khokhlov had a criminal record - three months before in the metro he freed himself from a correctional colony, where he spent 9.5 years. At 16, they scored a friend with a friend to the death of a man. In the Mordovian colony (IK-12), Maxim was in charge of the library, created there the phono-and the filmmaker. The results of this work, without mentioning the surname Khokhlov, were noted in 2015 at the presentation of the National Electronic Library with the participation of the Prime Minister of Russia Dmitry Medvedev. Even in the colony, he married a girl Anna, and after liberation he began to live with her in Moscow and study on a realtor, earnings for now an assistant to real estate agents. Police supervision was assigned to Khokhlov: twice a month he had to be noted at the district police officer. So on January 5, according to Khokhlov, he went to celebrate, but along the way he agreed to drink vodka with Uzbek, having met him at the metro.

The metro police, meanwhile, say that it was a banal pocket theft, which in the subway occur with enviable regularity, and they would not have hung the theft on the innocent. The supporters of Khokhlov, in turn, claim that he could not bother on a simple phone for 5 thousand rubles, he himself was more expensive and better. And if I would like to steal it, I would probably throw it when the police approached. Well, Uzbek Muminov gave the first testimony under the threat of expulsion from the country.

As the new one already wrote, being in the Butyrka pre -trial detention center, Khokhlov met the rector of the Church of the Protection of the Blessed Virgin Mary at the Butyrsky Church by the senior priest, Archpriest Konstantin Kobelev, who supports prison guests. He, penetrated by the story of a young man and believing him, on his own initiative created a public group in support of the accused.

As a result, for all the meetings in the Khokhlov case, the court of Konstantin came to the court as a confession for the confession of his temple, read prayers, baptized and applauded Khokhlov. Which could not but get out of the presiding judge Leonid Chechko.

“All those standing, who did not have enough space, take it out of the hall,” - looking at the parishioners, strictly ordered the bailiffs the judge at the last meeting. Among the spectators, a rumble began. “The bailiffs!” The judge shouted and those, obeying, pushed them into the corridor. "And everyone fell silent!" - shouted to the crowd Chechko.

Throughout the process, he refused to let Khokhlov let go of house arrest and give him a date with his wife. He also rejected the defense of the interrogation of the chief of the Warsaw depot and the request for the seizure of videos from the train on which Khokhlov and Muminov went to the center.

At the same time, some records from surveillance cameras in the case were still and, according to the prosecution, they still confirmed the fact of the theft. The prosecutor’s office also referred to the testimonies of the police, who claimed that Khokhlov, having taken out “something black” from Muminov’s pocket, put it in his pocket. However, the shift, which would show how Khokhlov stole the phone, did not introduce the accusation.

- Please tell me, when you were in the car, why did you turn so often? - asked Judge Khokhlova. He could not answer.

“Why have you been over the victim for so long, who became ill?”

- I tried to wake him.

“But there were still passengers in the car, why didn’t you ask them to help?”

“Because I thought that no one would help us,” Khokhlov was not very convincing. However, in his last word, he noticed:

“I am guilty of agreeing to drink in a public place with a stranger. But if I wanted to steal anything from him, would I stay with him before the police arrived? And why should I - a citizen of Russia - a Uzbek passport? ”

The judge ruled that Khokhlov was still guilty and “... having a criminal intent, he abducted a mobile phone for 5 thousand rubles from the pocket of the metro Mumin Muminov in the car, but“ did not manage to bring his plan to the end, ”as he was detained by police officers.” Noting that the accused “did not get on the path of correction”, the court sentenced him to one year and three months of a general regime colony.

The defense has already appealed the verdict.

Nikita Vsesvyatsky, Vera Chelishcheva