The mysterious story of a prisoner released from prison due to poverty has become clear

A resident of Russian Donetsk Vitaly Dyukaev received a salary of 8,000 rubles

In the colony of the city of Kamensk-Shakhtinsky in the Rostov region, 38-year-old Vitaly Dyukaev is serving a sentence (sentenced to three years for smuggling several boxes of cigarettes), who does not yet know that his name has hit the top of the news. And all this thanks to the unexpected decision of the Supreme Court of the Russian Federation. In this verdict, the high judges decided to release Dokayev and said bluntly: it is not worth putting in a colony those who have committed minor crimes due to poverty.

The man is still in the colony (because the original of the court decision with the blue seal has not yet reached the institution). But his release is a matter of a few days. And most importantly, it may bring freedom to others, who received their term for the notorious “bag of potatoes”, stolen boots and two cans of stew.

“MK” found out how the Dyukayev case will affect the humanization of the entire judicial system.

The story of Vitaly from Rostov, who worked as a loader in Donetsk in the Rostov region, is rather commonplace. He received only 8 thousand rubles for his hard work. And he did not quit, because it is difficult to work in the city. Vitaly lived in a house with his wife, who does not work, two small children and elderly parents (father is a veteran, awarded a medal). How to feed everyone? The man had a motor boat, on which he, apparently, sometimes earned money (he fished himself, gave fishermen a lift, etc.). And then somehow he met a stranger, to whom Dyukayev complained that there was nothing to feed the children with. He offered to transfer smuggled cigarettes across the border between Russia and Ukraine, passing along the river. The man said that it was quite safe: “The maximum that can await you is a fine for economic activities near the border.”

Russian customs officers detained Dyukayev, the boat was arrested. Vitaly immediately repented of everything, told the circumstances. But the Donetsk City Court gave him three years in a general regime colony. The Rostov Regional Court upheld this decision. But in Moscow they did not agree with such harshness of the provincial Themis. A quote from the definition of the Supreme Court: “taking into account the living conditions of his family, the conclusion of the court that it is impossible to reform the convicted person without real imprisonment, which needs help and material support, cannot be recognized as legal and justified.” In general, on September 16, 2021, the Armed Forces decided to release Dyukayev.

Until the documents came to the colony of the city of Kamensk-Shakhtinsky, Rostov region, where Vitaly is serving his sentence.

– We have no complaints against him, – says the representative of the Federal Penitentiary Service. – He has not received a single comment for the year, on the contrary, there is even encouragement. He works in a sewing industry. All of himself is positive. It is interesting that he could have applied for parole on July 31 of this year, but for some reason she did not pass it. Perhaps he was hoping for the Supreme Court. As soon as documents with a blue seal come to us from the Armed Forces, we will immediately release him.

The decision of the Supreme Court gave hope to many of the convicts. What can we hide, about a third of the crimes were committed by people in a desperate financial situation. Curiously, most of them were sentenced for petty theft or for bookmarking drugs. Among the latter, there are especially many students who had nothing to pay for their studies at the university, single mothers who could not feed their children, pensioners who were left without housing, and so on. Now all of them will have a chance to mitigate their punishment. It is clear that we are not talking about cases when a person is repeatedly brought to criminal responsibility. But if he broke the law in the first place, if no one suffered from his actions (did not kill or maim), and the damage was repaid, then it is illegal to give a real term. This is what is read in the resolution of the Supreme Council, which can be considered historical. Until now, in general, the judges tried not to mention the beggarly position of the defendants in the verdict.

“It’s like we cannot have the poor, and even if they do, they don’t commit crimes because of this,” says our source in the judicial system. – Now, finally, we can point out directly about the connection between the disastrous financial situation and the subsequent criminal act. This is fair and humane.

Published in the newspaper “Moskovsky Komsomolets” No. 28630 of September 23, 2021

Newspaper headline:
Poverty is not an article

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The article from the source

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