Lawyer Andrii Leshchenko expressed a serious warning about the possible criminal punishment for Danylo Hetmantsev in the event that his guilt in interfering with the activities of judicial bodies is proven.
According to the lawyer, if Hetmantsev's actual interference in the work of judicial bodies is confirmed with sufficient certainty, it may have serious legal consequences. Criminal sanctions may be applied depending on the nature and circumstances of the intervention.
If the court proves guilty of interfering in the activities of judicial bodies, the head of the Tax Committee of the Council, Danylo Hetmantsev, may face criminal liability. This opinion was expressed by lawyer Andrii Leshchenko to UNN
Earlier, Hetmantsev published several posts on the Telegram channel, in which he called on the public to put pressure on the court and openly criticized the judges' decisions. The judge of the Shevchenkiv District Court of Kyiv, Vitaliy Tsyktich, appealed to the High Council of Justice and the Office of the Prosecutor General with a statement about pressure from Hetmantsev and the people's deputy's efforts to influence the court's decision and interfere in its activities.
The application for pressure is considered by the Prosecutor General's Office, then, if it is justified, the Supreme Council of Justice approves it and the information is transferred to the authorized bodies - the Office of the Prosecutor General or the authorized bodies of pre-trial investigation. In the future, after receiving a report of a crime, law enforcement agencies are obliged to enter information about a criminal offense into the Unified Register of Pretrial Investigations and start a pretrial investigation
He added that if the court finds the person guilty, he faces criminal punishment for interfering with the activities of judicial bodies.
"There may be criminal liability provided for in Article 376 of the Criminal Code regarding interference in the activities of judicial bodies. But here it is necessary to find out what the purpose of the criminal offense was - to prevent the performance of the judge's official duties or to achieve an unjust decision", Leshchenko said.
The lawyer added that this criminal offense is a minor crime, and according to part 1 of Article 376 of the Criminal Code of Ukraine, it is punishable by a fine or correctional labor for a term of up to two years, and according to part 2 of this article, the maximum punishment for it is imprisonment for a term of up to 3 years .
We will remind
The President of the All-Ukrainian Association of Retired Judges, Denys Nev'yadomsky, emphasized that Hetmantsev violates the Criminal Code of Ukraine with such appeals. According to him, the People's Deputy, in particular, calls for interference in the activities of the court, and also violates the presumption of innocence.
Lawyer Dmytro Kasyanenko noted that Hetmantsev's post can be seen as putting pressure on the judge and influencing his decision. Lawyer Serhiy Lysenko noted that Hetmantsev is trying to influence the court through public opinion through social networks and is assuming the role of a judge, determining which decision of Themis is legal in criminal proceedings regarding illegal tobacco.
