Banglodeshets frightened and gave $ 300 and a few thousand rubles, and the rest banglodeshtsy all seen it, but too scared and called the police. The testimony of all six have been recorded due very carefully, with an indication of the many details then banglodeshtsy gone away from sin, moved to another place and not leaving the address. A professional case on charges of robbery was received by the court. Forecast of the court was not happy, shrugging his shoulders, the judge, the good females, and said: 'Well, what can you do, so many witnesses, all here indicates the robbery, 9 years, I think that's highway robbery, and all the inconsistencies of which the lawyer says , but then on he and the lawyer, and what to do with the testimony of so many witnesses? " The court, without being able to question victims and witnesses hearing, adopted a decision on disclosure of their testimony recorded by the investigator. I'm just waiting for this and the matter is that under the rules of professional procedure can not be invoked not investigated at the judicial investigation case file. Thus, the judge has to disclose the testimony of the victim and five witnesses, a long and tedious, she reads a multipage written texts, the reading went on monotonously, carry out the necessary procedure, especially one not delved into details of the testimony were in fact almost identical. Almost but not quite. Whether the witnesses agreed poorly, whether the investigator in a hurry confused, but after a careful study of these readings I have found as follows: four witnesses testified that a knife was holding a small and young, and two others asserted that the knife was in middle and high.
So, we have a contradiction that can be addressed only through additional questioning witnesses. And it was a matter of principle: as a professional act, because it is necessary to describe in a sentence. In this regard, to address the identified contradictions, I was told the request for examination victim and witnesses in a court investigation. But where did you find them? They are gone. Court was in a desperate situation, counsel has identified and fixed the procedural unavoidable contradiction which can not be ignored in the verdict. So as the case was pending before the introduction of the new Code of Professional Procedure, the court was forced to send a professional case for further investigation.
How does the investigator was upset! Still, after he handed over to a court case about the robbery, the data is already included in the reports and suddenly this unfortunate mistake. A victim or witness not, as we now find out who was holding a knife, and who inflicted blows to the stomach? And like it or not, but he had to exclude charges of robbery, leaving only qualification on hooliganism with use of the items used as a weapon (metal pipe, which my client opened the door). With the new wording of the charges, the case was again taken to court, the court took into consideration the protection of extenuating circumstances, and made relatively light sentence: 9 months in jail for disorderly conduct and ordered the defendant compensate for the broken door (agree, it's better than 9 years for robbery). – Well, what will be appealed? – Asked the judge read out after the verdict. – No! – Answer was convicted, because at the time of sentencing, they had already served 8.5 months, thus, remained until the liberation of two weeks, and the cassation was needed at least a month.
