The first cassation court of general jurisdiction returned the case of Alexey Moskalev to the appellate instance, because judge Olga Evstigneeva herself found errors in the preparation of the examination. This follows from the ruling published on the court’s website.
The reason for sending the case to appeal was the non-compliance of one of the psychological and linguistic examinations with established standards. We are talking about an examination carried out during the preliminary investigation in 2023. The resolution states that the examination should have been carried out by specialists in the field of linguistics and forensic psychology.
“Information about the presence of the above-mentioned experts with special knowledge in the field of psychology is not given in the expert report, nor does it contain any appendices in the form of documents , confirming that the experts have education in the field of psychology,” the judge added. In this regard, she decided that the lower courts violated the criminal procedure law.
At the same time, Evstigneeva did not consider the complaint of lawyer Vladimir Bilienko and Alexey Moskalev, who did not express any complaints about the examination.
The resolution states: “The cassation court is not included in the discussion of the arguments of the cassation appeal of the convict’s defender — lawyer V.V. Bilienko, since taking into account the grounds for the cancellation of the appeal decision, they will become the subject of verification during a new consideration of the case by the court appellate court.»
In March, a court in Efremov sentenced 53-year-old Moskalev to two years in prison because of a post on Odnoklassniki about the murders in Bucha (Part 1 of Article 280.3 of the Criminal Code). He himself was not present at the announcement of the verdict — the man escaped from house arrest. Two days later it became known that Moskalev was detained in Minsk. In Belarus, the man was sent to a pre-trial detention center, and in mid-April he was handed over to Russia.
During the time spent in IK-6 of Novomoskovsk, Moskalev was sent to a punishment cell at least five times, for example, for leaning on his elbow on hand, sitting at a table in a cell. The colony staff believed that Moskalev “arranged a sleeping place at the table.”
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