The Prosecutor's Office of Lepel District supported the state prosecution under Part 1 of Article 211 of the Criminal Code of the Republic of Belarus.
The Prosecutor's Office of Lepel District supported the state prosecution under Part 1 of Article 211 of the Criminal Code of the Republic of Belarus.
A previously unconvicted citizen B., a tractor driver-machinist of the agricultural production branch "Zaozerie" of OJSC "Vitebsk Meat Processing Plant", having been employed as a tractor driver-machinist of agricultural production based on the director's order, in accordance with the contract on full individual material liability, assumed full material liability for ensuring the safety of the material assets entrusted to him by the employer. During the period from March 9 to March 29, 2024, with a single intent to intentionally, gratuitously, and unlawfully seize the property of the agricultural production branch "Zaozerie" of OJSC "Vitebsk Meat Processing Plant", he intentionally, by misappropriating the entrusted diesel fuel, while in the village of Stai, Lepel District, using a hose and canisters from the tank of the tractor assigned to him, stole 206 liters of diesel fuel worth 2.13 rubles per liter, for a total amount of 438.78 rubles, causing material damage to the agricultural production branch "Zaozerie" of OJSC "Vitebsk Meat Processing Plant" in the specified amount, after which he sold the stolen diesel fuel to another person.
The court recognized the sincere remorse of the accused, partial voluntary compensation for the damage, and the fact that the offender has a young child in his care as mitigating circumstances.
The court did not establish any aggravating circumstances for the accused's liability.
Taking into account the position of the state prosecutor, the court found the accused guilty of misappropriation of property by a person to whom it was entrusted, and based on Part 1 of Article 211 of the Criminal Code, he was sentenced to imprisonment for a term of 1 year and 6 months with a fine of 50 base units, amounting to 2000 rubles, without deprivation of the right to hold certain positions or engage in certain activities. In accordance with Parts 1 and 2 of Article 78 of the Criminal Code, the imposed sentence of imprisonment shall not be executed if, within one year of the probationary period, he does not commit a new crime and fulfills the obligations imposed on him by the court. He is obligated to perform socially useful work for 100 hours in his free time from work and/or study.
The sentence has entered into legal force.
Assistant Prosecutor A.S. Deyneka