Weekly “Argumenty i Fakty” No. 23. What else will the West freeze to spite Russia 08/06/2022
The Supreme Court expanded the limits of self-defense — now you can defend yourself, even if the criminals who broke into the house do not use violence. And in Siberia, there is a lawsuit about the execution of the store's customers, in which the parties argue — it was self-defense or murder.
Novosibirsk region, the village of Lozhok, just 5 km from the famous Academgorodok, two fairly respectable residential complexes — “Da Vinci” and “Family Tale”. On the evening of November 21, 2021, two young people went from the first to the second to the store. The guys were tipsy and went to buy more beer. 27-year-old Ilya StrutsI recently moved with my family to a new apartment. His 24-year-old friend Georgyjust came to visit. According to Ilya's mother Elena, the guys drank only a liter of beer. The prosecutor's office says that a blood test showed 2.11 ppm, which corresponds to the average degree of intoxication. In any case, we decided to go for the supplement. For Ilya, this idea became fatal.
The only shop, actually located in the Dokutovichi's private residential building, was already closed. The youth was indignant: the sign indicated that it was open until 22, and the door was closed early, but the light in the window was on. The guys knocked and demanded to serve them. The son of the owner of the store came out to the noise with the Saiga carbine. hands, a verbal altercation ensued. “Ilya didn’t go into his pocket for a word, but he was rude, threatened, — remembers George. — We started back along the same country road we had come from. To the left behind the shop is Dokutovich's plot. He went to his room, continuing to pour insults. Ilya didn't let up either. So we ended up in foreign territory. According to George, shots immediately rang out.
Ilya died before the ambulance arrived. The shooter, Valentin Dokutovich, ended up in the dock. Initially, he was accused of exceeding the limits of necessary defense (Article 108 of the Criminal Code of the Russian Federation), but later he was charged with a more “heavy” one. article — Part 1. Art. 105 of the Criminal Code of the Russian Federation (murder), as well as part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism with the use of weapons). The investigator came to the conclusion that it was a premeditated murder, because there were three shots, and the same, fatal, was fired in the back. Dokutovich faces 6 to 15 years in prison.
Did you leave or threatened?
Valentin does not admit guilt. And his father Alexander, who saw everything that happened, insists: his son's actions were self-defense, because drunken guys rushed at him and threatened him. Local residents say that, in fact, young people did not break into the store, but at home to the owner. Those who know Valentin assure that he would not shoot just like that. They have no doubt that buyers have crossed some boundaries. Although there are plenty of such neighbors who recall Dokutovich Jr.'s outbursts of aggression. They tell, for example, how an employee of the Institute of Nuclear Physics beat his wife.
31-year-old Valentin recently lived with his parents, his family life did not work out. Even the children could not glue the relationship. But today ex-wife JuliaHe doesn't say a bad word about Dokutovich. He says that he is polite, without bad habits, and after the divorce continues to help her with the children. According to the woman, Valentin worked at the Institute of the Siberian Branch of the Russian Academy of Sciences as a researcher. When his father received a disability, he asked his son to open a store together. So they did. At the same time, Valentin continued to do science.
Ilya Struts was a cook by profession. After the course, he got a job as a barista in a restaurant in Akademgorodok. In his free time, he worked as a loader. It was necessary to support a young wife, Daria, and a 5-month-old son. «We are a simple “academic” family, — says Elena, his mother, in an interview with “AiF-Novosibirsk”. — Ilyusha lived a calm family life with his wife and baby. We specifically chose a quiet microdistrict, where there are no gopniks and drunken gatherings. And here it is…» According to her, Dokutovich did not even apologize, not to mention any financial assistance.
What happened that evening between the two young men and why one shot the other is for the court to find out. The defense will insist on self-defense. Usually in such cases at least one of the defendants — the personality is marginal, and the plot of the crime is more or less clear. But in this story from the “classics” only alcohol, and even then not on a catastrophic scale.
«My house — my fortress»
Previously, self-defense was allowed in case of beatings, robbery and other violent acts. Everything else — or exceeding the limits of necessary self-defense, or more severe articles of the Criminal Code. The Plenum of the Supreme Court actually expanded the limits. Now you can defend yourself, even if the one who broke into the house did not attack first. But it is important to remember: the entry must be declared illegal and the defense must be proportionate to the threat.
A bill has already been submitted to the State Duma, which generally gives carte blanche to protect your home and loved ones. “We continue to champion the concept of “my home— my fortress” and its consolidation in the Criminal Code, — says one of the authors of the bill head of the State Duma Committee on Labor, Social Policy and Veterans Affairs Yaroslav Nilov. — He who defends his loved ones and acquired property on the territory of his own home should not turn into a defendant.
Now the initiative is being discussed in committees. The main argument of opponents — there is no guarantee that the owner will not start turning some domestic conflicts into bloodshed and then avoid responsibility. “In practice, such cases were handled differently. Yes, it often happened that people who defended themselves were condemned under much more serious articles. But recently the practice has changed. With evidence that the person was defending himself, the courts began to take the side of the defender. The Resolution of the Plenum of the Supreme Court clearly explains — However, adequate measures must be taken. If a drunk came to the station and asked for a light, this does not mean that he can be killed, — explained “AiF” Chairman of the Bar “Your Legal Attorney” Konstantin Trapaidze. — The response must match the threat level. But at the time of the attack, it can be difficult to assess this. And this fine line is often violated, and sometimes intentionally. It is important here that there are no kinks in either direction. If you follow the principle “my house — my fortress”, then half of the drunken stabbing can be qualified as necessary self-defense. It is always a double-edged sword. I think that in its current form the law is working and there is no need to change it. Especially after the explanation of the Plenum of the Supreme Court».
In total, 1,092 cases of exceeding the limits of necessary defense were considered last year. In 36% of cases, criminal prosecution in such cases was discontinued. Relatives of the victims will say that this is a lot, relatives of the accused — will prove that it is negligible. But there are still many cases when, as in the case of Dokutovich, they are judged by the “lethal” article, and they are not included in self-defense statistics.
People live in stress
In the history of Novosibirsk, the most shocking thing is not even the question of qualifications. It is not clear why the aggression of two quite prosperous men cost the life of one of them, in general, out of the blue.
“The actions of a clear aggressor are always on the surface — he is quick-tempered, speaks loudly, gesticulates, etc. Such a person is safe for society, he quickly betrays himself by his behavior and will never pick up a gun. But the behavior of a person who is already filled with inner anger and hatred is actually more terrible and unpredictable. He can bear such a difficult condition in himself for a very long time and eventually reach a point where it will be easy for him to shoot at anyone, — explained “AiF” psychologist Maria Polyakova.
Neighbors and relatives of Ilya and Valentin are enthusiastically discussing how one “did not reach into his pocket for a word”, and the other “defended” himself. from these words. And for some reason, no one was surprised that in this disassembly there was a gun at all. It turns out that society considers it completely normal when not even gopniks and outcasts sort things out like this, but quite apparently intelligent people. “In society, of course, there is an increase in aggression. People live in stress, do not know how to throw away this negativity, accumulate aggression, — says the psychologist. — And we can also observe that even close people sometimes do not know their children, wives, husbands, they do not know what can actually be expected from them. Recall a case from Kazan, where the mother of the guy who shot the students told me what a wonderful son he was, he always helped in everything. Even after the tragedy, it is difficult for her to accept reality.
And yet, before, even a scuffle in such a situation, like at a closed store, was considered inappropriate. And today we look with indifference at the murder, no matter how it is qualified by the Criminal Code. This is no longer the aggression of individuals, but some kind of total brutalization of society.
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