Former officer of the Ministry of Defense’s industrial directorate, Alexei Pozhidaev, was found guilty of aiding and abetting abuse of power causing major damage (part 5 of article 33, clause “c” of part 3 of article 286 of the Criminal Code of the Russian Federation). According to investigators, he brought the department’s employees together with businessman Alexei Kalitin, who, having paid multimillion-dollar bribes to the military, secured his companies with orders for many years. Since Pozhidaev told the investigation about the bribes, the charge of corruption against him was dropped, and he was sentenced to only three years and three months in prison on a less serious charge. The preventive measure in the form of a written undertaking not to leave the place and proper behavior was immediately canceled and he was taken into custody in the courtroom.
The verdict was appealed.
Having studied the protocol of the court hearing, the Moscow City Court found that the defendant Pozhidaev, after the charges against him were announced, stated that he admitted his guilt in full. However, the court of first instance did not invite the defendant to testify on the merits of the charge brought against him, and without interrogating him on the crime he was charged with, it did not establish whether Pozhidaev really recognized the circumstances of the crime set out in the charge, his motives, etc.
Thus, the conclusion of the trial court that Pozhidaev agreed with the charges brought against him does not correspond to the factual circumstances of the case.
“ВЧК ОГПУ”
