The Moscow City Court of Appeals reduced the sentence to former Colonel of the Ministry of Internal Affairs and Economic Development and Trade Dmitry Zakharchenko, sentenced to 13 years in prison for receiving a bribe and obstructing justice, by six months. 11 hours of Mr. Zakharchenko’s speeches convinced the city courts only that he received the illegal remuneration himself, and not as part of a group of persons.
It took two days to consider the complaint of ex-Colonel Zakharchenko of the Moscow City Court of Appeal. Most of the time was spent on the speech of the convict, who carefully proved that he had nothing to do with the crimes imputed to him.
Dmitry Zakharchenko, recall, the Presnensky District Court found guilty of the fact that from February 8, 2015 to August 26, 2016 he “systematically used” a 50% discount card in La Mare fish restaurants, “having personally received an exemption from property obligations in case of illegal providing him with property services ”for a total of 2 million 949 thousand 754 rubles. He was also found guilty of the fact that on January 14, 2016, while in the same La Mare restaurant, he warned his acquaintance, Nota Bank financial director Galina Marchukova, that a search would be conducted in her house the next day, suggesting to take out in advance items that the investigation might be interested in.
At the same time, the court acquitted Dmitry Zakharchenko of receiving a bribe from restaurateur Mehdi Duss in the amount of $ 800 thousand, which, according to the TFR, should have been transferred to him by an accomplice - FSB colonel Dmitry Senin, who is now on the wanted list. In this part, Mr. Zakharchenko recognized the right to rehabilitation.
As a result, on June 10, 2019, the Presnensky court of Moscow sentenced Zakharchenko to 13 years in a maximum security colony for receiving a particularly large bribe and obstructing justice (part 6 of article 290 of the Criminal Code of the Russian Federation, part 3 of article 294 of the Criminal Code of the Russian Federation). The court also imposed a fine in the amount of 117 million 990 thousand rubles to Zakharchenko. In addition, the court deprived the officer of the rank of police colonel and awards. For three years, he is forbidden to hold positions in law enforcement and government.
Speaking in the Moscow City Court, the ex-colonel claimed that no one had proved that he used a discount card. At the same time, on the first day, he drew the court's attention to the fact that the version of the investigation was not confirmed by documents. In his opinion, the investigation did not provide the Presnensky court with a genuine extract from the server of the La Mare restaurant about its use of a discount card. And secondly, the convict claimed, no one except the restaurateur confirmed the version of the investigation.
I suggested interrogating in court the dismissed restaurant waiters who would tell me whether I used it (card. - “Kommersant”) or not, ”the convict said.“ And if they confirmed, let me be sentenced for how long! But no one called them! ”
In turn, lawyers noted that there was nothing to give a bribe to the colonel restaurateur. The fact is that according to the results of tax audits with the participation of operatives of the GUEBiPK of the Ministry of Internal Affairs of Russia, La Mare LLC and Jetrico LLC owned by Mr. Dousse were fined 11.7 million and 5.2 million rubles for tax violations. respectively.
Galina Marchukova, whom he, according to investigators, warned about the search, noted Mr. Zakharchenko, subsequently turned out to be testimony against him, saying that she had given them under pressure.
After hearing the convict Zakharchenko, and he talked about 11 hours, as well as his defenders, who kept within the hour, the Moscow City Court only slightly changed the verdict. A qualifying attribute about receiving a bribe by a group of persons was excluded from it, in connection with which the term of imprisonment was reduced to him by six months. At the same time, the justification for the $ 800 thousand bribe also remained valid. According to lawyer Yuri Novikov, the defense intends to appeal the decision of the Moscow City Court, seeking full justification of the principal.