The Prosecutor's Office of Lepel District supported the state prosecution in court under Part 1 of Article 205 and Article 186 of the Criminal Code of the Republic of Belarus.
The Prosecutor's Office of Lepel District supported the state prosecution in court under Part 1 of Article 205 and Article 186 of the Criminal Code of the Republic of Belarus.
A 46-year-old resident of one of the villages in Lepel District, with no prior convictions, during the night, while at his place of residence and under the influence of alcohol, with the intent to threaten murder but without the intent to kill, during an argument stemming from personal animosity, took a household knife in his hand. Subsequently, by influencing the will of the 51-year-old victim, Ms. N., instilling fear and uncertainty about her personal safety, he began to utter verbal threats of murder. Holding Ms. N. by the hand, thus being in close proximity to the victim, he began to wave the knife blade towards her, while being aware that the display of the knife and the threats uttered caused the victim real fear for her life and health. The accused's criminal actions were stopped by the presence of Ms. K.
The same individual, with the intent of intentional, gratuitous, unlawful appropriation of the monetary funds of Mr. M., between 18:00 on 02.10.2021 and 01:54 on 03.10.2021, while under the influence of alcohol, for mercenary motives, at Mr. M.'s place of residence, through free access, by theft, secretly and intentionally stole monetary funds in the amount of 200 Belarusian rubles belonging to the victim.
The accused partially admitted guilt for the crime provided for by Article 186 of the Criminal Code of the Republic of Belarus, qualified as a threat of murder if there were grounds to fear its execution. No mitigating circumstances for the accused under Article 186 of the Criminal Code of the Republic of Belarus were established by the court.
The accused fully admitted guilt for the crime provided for by Part 1 of Article 205 of the Criminal Code of the Republic of Belarus, qualified as secret misappropriation of property (theft). The court recognized sincere remorse as a mitigating circumstance for the accused under Part 1 of Article 205 of the Criminal Code of the Republic of Belarus.
Committing the crime while under the influence of alcohol was recognized as an aggravating circumstance in both cases.
Taking into account the position of the state prosecutor, based on Article 186 of the Criminal Code of the Republic of Belarus, the court imposed a penalty in the form of arrest for a term of 3 (three) months. Based on Article 205
The Criminal Code has imposed a sentence of 2 (two) months of arrest.
In accordance with Part 1 of Article 72 of the Criminal Code of the Republic of Belarus, by absorbing the less severe punishment with the more severe one, a final sentence of 3 (three) months of arrest has been imposed. Based on Article 107 of the Criminal Code of the Republic of Belarus, security measures and treatment for chronic alcoholism have been applied to the accused.
The damage caused has been recovered in favour of the victim M. The court's sentence has entered into legal force.