07 October 2011, 23:00
Dagestani court returns Magomedova's case for further investigation
In Dagestan, the court has satisfied the petition lodged by the lawyer Sapiyat Magomedova, accused of using violence against policemen, and asking to return the case initiated against her back to the prosecutor's office.
On October 7, Malik Aliev, Judge of the Khasavyurt City Court, ruled that the indictment against and the statement on attracting Sapiyat Magomedova to criminal responsibility fail to meet the relevant norms of the Code of Criminal Procedure of the Russian Federation. The judge returned the case to prosecutors, having agreed with the defendant's arguments:
"I find the opinion of the defendant Magomedova quite reasonable, when she is seeking to return her criminal case to the prosecutor's office for correcting the violations admitted at the pre-trial stage, which cannot be eliminated at the trial.
These shortcomings and deficiencies of the preliminary investigation referred to by the defence and Magomedova are really irremovable during the trial and exclude the court's chances to pass a legitimate sentence or any other decision," said the judge.
The judge also admitted that the indictment and the statement to attract Sapiyat Magomedova to criminal prosecution had not met the relevant norms of the above Code. He upheld the freedom restriction measure applied to Sapiyat Magomedova, accused of using violence and insulting state officials, – recognizance not to leave.
Author: Nadira Isaeva Source: for Caucasian Knot
