Lawyer Andriy Leshchenko issued a serious warning regarding possible criminal punishment for Danylo Hetmantsev if 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 the judiciary is confirmed with sufficient certainty, this could have serious legal consequences. Criminal sanctions could be applied depending on the nature and circumstances of the interference.
If proven guilty in court of interfering in the activities of judicial bodies, the head of the Rada's tax committee, Danylo Hetmantsev, may face criminal liability. This opinion was expressed by lawyer Andriy 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. Judge of the Shevchenkivskyi District Court of Kyiv Vitaliy Tsyktich appealed to the High Council of Justice and the Prosecutor General's Office with a statement about pressure from Hetmantsev and the people's deputy's attempts to influence the court's decisions and interfere in its activities.
The application for pressure is considered by the Supreme Judicial Council, then, if it is justified, the High Council of Justice satisfies it and the information is transferred to the authorized bodies - the Prosecutor General's Office, or to the authorized bodies of pre-trial investigation. In the future, after receiving a report on a crime, law enforcement agencies are obliged to enter information about the criminal offense into the Unified Register of Pre-Trial Investigations and begin a pre-trial investigation
He added that if the court finds the person guilty, he faces criminal punishment for interfering in the activities of judicial bodies.
"There may be criminal liability here, provided for by Article 376 of the Criminal Code of Ukraine 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 judge from performing his official duties or to achieve an unjust decision," Leshchenko noted.
The lawyer added that this criminal offense is a non-serious crime, and under 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 under Part 2 of this article the maximum penalty for it is imprisonment for a term of up to 3 years.
We will remind you
The President of the All-Ukrainian Association of Retired Judges, Denys Nevyadomsky, emphasized that with such calls, Hetmantsev violates the Criminal Code of Ukraine. 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 regarded as pressure on the judge and influence on his decision. Lawyer Serhiy Lysenko noted that Hetmantsev is trying to influence the court through social media through public opinion and takes on the role of a judge, determining which decision of Themis is legal in criminal proceedings regarding illegal tobacco.
