The prosecutor's office has requested a third hearing of Tsipinova's case.
The prosecutor's office has challenged the second acquittal of Kabardino-Balkaria lawyer Diana Tsipinova, demanding that the case be remanded for a new trial. Tsipinova's defense team criticized the agency's position.
As reported by "Caucasian Knot," on December 1, the Urvan District Court, which retried Diana Tsipinova's case, again acquitted her. However, the prosecution had requested a 2.5-year prison sentence for Tsipinova.
On July 7, 2023, the Urvan District Court found no criminal offense in the actions of Diana Tsipinova's lawyer, who is accused of assaulting a security officer, and acquitted her. The Supreme Court of Kabardino-Balkaria upheld the verdict, but the cassation court in Pyatigorsk upheld the prosecutor's demands and returned the case for a new trial. The cassation ruling in Tsipinova's case is clearly incriminating; the court exceeded its authority in assessing the evidence and its credibility, Tsipinova's defense attorney stated.
The prosecutor's office challenged Diana Tsipinova's second acquittal by filing an appeal on December 12, Advokatskaya Gazeta reported today on its website.
In its appeal, the prosecutor's office stated that the court once again relied on the presumption of the illegality of the police officers' actions, "replacing an analysis of regulatory acts and the testimony of internal affairs officers with references to subjective assessments of the Law on Advocacy."
According to the document, the police officers used physical force only after Diana Tsipinova and other lawyers, despite repeated warnings, continued to attempt to enter the department. police.
The court effectively replaced the legal assessment of the police officer's performance with a subjective perception.
The prosecutor's office insists that police officer Timur Nagoyev was in uniform and indicated the possibility of using physical force if his legal demands were not complied with. "The court [...] recognized as legitimate the physical defense of D.M. Tsipinova against the lawful actions of T.V. Nagoev to prevent her attempts to enter the department building while he was performing his official duties to maintain public order. The court effectively replaced the legal assessment of the official activity of a police officer with the subjective perception of the conflict by one of its parties and her emotional state, which is unacceptable," the publication quoted from the document.
The prosecutor's office asked to overturn the verdict of the Urvan District Court and send it for a new trial in the same court.
One of Diana Tsipinova's defense lawyers, Vice President of the Federal Chamber of Advocates Nver Gasparyan told the publication that the content of the appeal "does not contain a single reason sufficient to overturn the brilliantly written acquittal."
"The Urvan District Court, full of dignity and professionalism, once again He stated that "two plus two is four, everyone in the world knows that." However, the prosecutor believes otherwise. The defense's task in this trial is to uphold the accuracy of the court's calculations, once again restoring the truth. And the truth is that Diana Tsipinova is innocent," he said.
Judging by the prosecutor's submission, the prosecution didn't even read the verdict.
The appeal was expected, noted another of Tsipinova's defense attorneys, attorney Olga Chudenzeva. "But what's unexpected is that, judging by the prosecutor's office's submission, the prosecution didn't even read the verdict," she is quoted as saying in the publication.
As a reminder, in May 2020, Diana Tsipinova was among three lawyers who volunteered to provide legal assistance to her colleague Ratmir Zhilokov after his arrest in Nartkala. They arrived at the police station and were unable to get access to Zhilokov for 40 minutes.
The security forces didn't like the lawyers filming the proceedings and forcibly ejected them from the building. According to investigators, Tsipinova struck police officers while attempting to reach Zhilokov, who had been detained.
The use of force against lawyers in Kabardino-Balkaria and their subsequent criminal prosecution is considered extraordinary by the professional community, although it is not an isolated incident. Violations of the right to legal representation pose a potential threat to every citizen, according to lawyers interviewed by the "Caucasian Knot."
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/419313