RULING

on institution of proceedings



Moscow                                                                                       24 September 2012



R.D. ……., Major of Justice and head of the Babushkinsky inter-district investigative department of the Investigative Directorate for the North-Eastern Administrative Okrug of the Main Investigative Directorate of the Investigative Committee of the Russian Federation for the city of Moscow, having examined the materials of criminal case No. 693852,

HAS RULED:

Sufficient evidence has been gathered in this case to justify arraigning Aleksandr Yevgenyevich Lebedev on a charge of having committed hooliganism, that is, a gross violation of public order expressing clear disrespect for society and motivated by political hatred, to wit:

That he, Aleksandr Yevgenyevich Lebedev, a deputy of the Slobodskoy District Duma of the fourth convocation of Kirov Oblast, on 16.09.2011, during the period between 16:00 and 18:00, while present at the address ul. Akademika Korolyova, d. 12, Moscow, on the premises of television studio No. 11 of the Ostankino television technical centre, while a video recording was being made of the “NTVshniki” television programme on the political subject “The global financial crisis”, that is, while in a public place, with the intention of committing a gross violation of public order, expressing clear disrespect for society, during a discussion of the aforementioned political topic with guests invited to the above television studio, including S.Yu. Polonsky, who was appearing in this television programme as an opponent of A.Ye. Lebedev, whose political views do not coincide with the views of S.Yu. Polonsky, on the basis of an insignificant pretext, namely the fact that S.Yu. Polonsky extended his hand towards him (A.Ye. Lebedev) during a public discussion and also that S.Yu. Polonsky uttered a phrase in which the latter expressed the desire, inter alia, to “punch someone in the face!”, which was not addressed by the latter to the guests who were present for the recording of the programme, and not to A.Ye. Lebedev, did rise from his chair and did then, acting with intent and while continuing to be in a public place, strike S.Yu. Polonsky with not less than two blows of his fists in the area of the victim’s head, as a result of which S.Yu. Polonsky fell from his chair.

With his actions A.Ye. Lebedev did commit a gross violation of public order, thereby causing substantial harm to the interests of society and expressing clear disrespect for it, and did also inflict physical pain on S.Yu. Polonsky and, according to the findings of the judicial medical expert assessment No. 7316m/10753 of 31 August 2012, physical injuries in the form of: a scratch (1) in the area of the middle third of the rear surface of the left forearm; a bruise (1) in the area of the left thigh as viewed from the greater trochanter, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as injuries (both in aggregate and separately) not causing harm to the health of the person; a bruise (1) in the area of the inner rear surface of the upper third of the right thigh, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as an injury not causing harm to the health of the person; a bruise (ecchymosis) in the right malar area, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as an injury not causing harm to the health of the person.



That is, A.Ye. Lebedev has committed a crime stipulated by point (b) of part 1 of article 213 of the Criminal Code of the Russian Federation.

He carried out an assault, that is, he inflicted blows which caused physical pain but did not entail consequences indicated in article 115 of the Criminal Code of the Russian Federation, that assault being incited by hooliganism, for motives of political hatred, to wit:

That he, Aleksandr Yevgenyevich Lebedev, a deputy of the Slobodskoy District Duma of the fourth convocation of Kirov Oblast, on 16.09.2011, during the period between 16:00 and 18:00, while present at the address ul. Akademika Korolyova, d. 12, Moscow, on the premises of television studio No. 11 of the Ostankino television technical centre, while a video recording was being made of the “NTVshniki” television programme on the political subject “The global financial crisis”, that is, while in a public place, with the intention of assaulting S.Yu. Polonsky, who was also taking part in the recordings of the aforementioned programme as an invited guest and who had expressed his opinion on the topic of the television programme and who was an opponent of A.Ye. Lebedev, whose political views do not coincide with the views of S.Yu. Polonsky, and acting with intent, in a gross violation of public order, thereby expressing clear disrespect for society, that is, acting with hooliganistic motivation, during the discussion of the aforementioned political topic with the guests invited into the aforementioned television studio, including with S.Yu. Polonsky, on the basis of an insignificant pretext, namely the fact that S.Yu. Polonsky extended his hand towards him (A.Ye. Lebedev) during a public discussion and also that S.Yu. Polonsky uttered a phrase in which the latter expressed the desire, inter alia, to “punch someone in the face!”, which was not addressed by S.Yu. Polonsky to the guests who were present for the recording of the programme, and not to A.Ye. Lebedev, after which A.Ye. Lebedev did rise from his chair and did then, acting with intent and wishing to bring to completion his intention to assault S.Yu. Polonsky, while continuing to be in a public place, strike S.Yu Polonsky with not less than two blows of his fists in the area of the victim’s head, as a result of which S.Yu. Polonsky fell from his chair.

With his actions A.Ye. Lebedev did commit a gross violation of public order, expressing clear disrespect for society, and did also inflict physical pain on S.Yu. Polonsky and, according to the findings of the judicial medical expert assessment No. 7316m/10753 of 31 August 2012, physical injuries in the form of: a scratch (1) in the area of the middle third of the rear surface of the left forearm; a bruise (1) in the area of the left thigh as viewed from the greater trochanter, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as injuries (both in aggregate and separately) not causing harm to the health of the person; a bruise (1) in the area of the inner rear surface of the upper third of the right thigh, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as an injury not causing harm to the health of the person; a bruise (ecchymosis) in the right malar area, which did not entail a brief disorder in the health or an insignificant loss of ability to work and regarded as an injury not causing harm to the health of the person.

That is, A.Ye. Lebedev has committed a crime stipulated by points (a) and (b) of part 2 of article 116 of the Criminal Code of the Russian Federation.

Thus in aggregate A.Ye. Lebedev has committed crimes stipulated by point (b) of part 1 of article 213 and points (a) and (b) of part 2 of article 116 of the Criminal Code of the Russian Federation.

On the basis of the above and guided by articles 171 and 172 of the Criminal Procedure Code of the Russian Federation,

HAS RULED:

That Aleksandr Yevgenyevich Lebedev, born 16 December 1959 and native of the city of Moscow, registered at the address: ……, citizen of the Russian Federation, be arraigned for the aforementioned criminal offence and charged with committing crimes stipulated by point (b) of part 1 of article 213 and points (a) and (b) of part 2 of article 116 of the Criminal Code of the Russian Federation, and that he be notified of this.



Head of Investigative Department