The Supreme Court once again supported the position of EQUITY defenders
On February 27, 2019, the Panel of Judges of the First Court Chamber of the Cassation Criminal Court of the Supreme Court affirmed the decision of the panel of judges of the chamber of criminal cases of the Kyiv Court of Appeal, which reversed the guilty verdict convicting the company's Client of the criminal offense provided for in Part 2 Article 369-2 of the Criminal Code of Ukraine (abuse of influence). According to the decision of the court of first instance, an individual - the Client was found guilty and sentenced to imprisonment of two (2) years and six (6) months.
Thus, upon the earlier appeal filed by the defender Oleksandr Lysak, an EQUITY partner, the panel of judges of the court chamber in criminal cases of the Kyiv Court of Appeal by its decision of February 13, 2018, reversed the decision of the Darnytsky District Court of Kyiv of May 26, 2016, and closed the criminal proceedings on grounds that there was not produced sufficient evidence to prove the guilt of a person in court and that all possibilities to obtain such evidence were exhausted.
Thanks to the co-ordinated work of Oleksandr Lysak and Taras Poshyvanyuk, EQUITY partners, we managed to obtain a positive procedural result upon the appeal and to re-affirm it in the Supreme Court, which would mean that a person is free to continue his own live and service.
It is worth noting that in 2014 the investigator in the case was the Senior Detective of the National Anti-Corruption Bureau of Ukraine, but this laso did not help the decision of the Darnytsky District Court to stand the appeal and the cassation. After all, the Panel of Judges of the First Court Chamber of the Cassation Criminal Court of the Supreme Court did not grant the cassation by the prosecutor.