Shkhagoshev's case returned to the prosecutor's office for further investigation
The Pyatigorsk court returned for further investigation the criminal case against Kabardino-Balkaria resident Kazbek Shkhagoshev, accused of slander and attempted illegal drug trafficking.
As "Kavkazsky Uzel" wrote, the Fifth Cassation Court overturned the sentence against Kazbek Shkhagoshev and, having changed the territorial jurisdiction of the case, sent it for a new trial to the Pyatigorsk City Court. The Cassation Court indicated that during the consideration of Shkhagoshev's criminal case, significant violations of criminal procedural law were committed - in particular, the judge is a relative of one of the victims and could not participate in the proceedings.
The Pyatigorsk City Court returned Kazbek Shkhagoshev's case to the prosecutor due to "significant violations of the norms of criminal procedural law." The court did not enter into an assessment of the numerous arguments of the defense, which asked for all the main evidence of the prosecution to be declared inadmissible. The reason for returning the case to the prosecutor "to eliminate obstacles to its consideration by the court" is that, in violation of the Criminal Procedure Code, "the decision to conduct an inquiry by a group of investigators on a criminal case was made by the head of the unit, and not by the head of the inquiry body," the "HUMAN RIGHTS CENTER OF THE KBR" reported today.
"The indictment was returned to the prosecutor or the head of the investigative body, drawn up in violation of the requirements of the Code," - is indicated in the Shkhagoshev case card on the official website of the Pyatigorsk City Court.
In July 2024, the prosecutor demanded 10 years of strict regime for Kazbek Shkhagoshev, accused of spreading slander through a local Telegram channel, as well as attempting to sell drugs on a large scale. Shkhagoshev did not admit guilt. The lawyer insisted on acquittal: none of the victims testified that Shkhagoshev was involved in the slander against them, he pointed out. The Urvan District Court sentenced Kazbek Shkhagoshev to four years of strict regime. The defendant stated that he was forced to incriminate himself by torture.
Earlier, the "Caucasian Knot" wrote that Greco-Roman wrestling coach from Kabardino-Balkaria Kazbek Shkhagoshev was convicted on charges of slander and drug distribution. Shkhagoshev did not admit involvement in the Telegram channel "Pravda KBR" or in drug distribution. In the appeal against the verdict, his defense attorney pointed out that "the victims' statements about slander are identical in content, composed according to the same template, and match textually, stylistically, grammatically, and even in punctuation." According to the attorney, this confirms that the statements were prepared in advance and merely signed by the victims.
Shkhagoshev's confession that he administered the channel in question, according to the defense, was beaten out of him using physical violence. The defense also believes that the entire operation to expose Shkhagoshev in drug trafficking was initiated by law enforcement agencies with the aim of discrediting him in the eyes of the public: as follows from the cassation appeal, during Shkhagoshev's detention, security forces put a bag over his head, and at that moment they stuffed drugs into his socks, Shkhagoshev's lawyer informed the "Caucasian Knot".
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/414011