burning of a concubine – court convictions sometimes seem strange. RIA Novosti examined how everyday understanding of justice differs from legal understanding.
“There is no proof”
In July, a resident of Rostov-on-Don, Alexander Petrenko, was sentenced to one year of restriction of liberty: he was forbidden to leave the city without the consent of the criminal executive inspection. He is to blame for the death of Natalya Ksenzova, a concubine: she was burned 45% of her body, doctors fought for her life in intensive care for thirteen days, but could not save her .
Petrenko was tried under Section 109 – “Causing death by negligence”. According to his testimony (given in the court decision available to the editorial staff), on January 22, 2020, he returned from work at ten in the evening. I found Natalia drunk and started to work things out. At one point, the woman stepped out onto the balcony. In the kitchen, under the sink, Alexander found a plastic bottle with leftover vodka. I thought Natalya hid it and in anger she poured the contents over her head.
After that, he wanted to leave the house, but returned to the balcony to smoke cigarettes. I decided to talk. I tried to smoke, but as soon as I touched a lighter my hands caught fire. Trying to put out the flames, he touched Ksenzova – her hair and clothes caught fire.
Experts examined two empty bottles. In one, traces of ethyl alcohol were found. Neither gasoline nor other flammable liquids were found on Natalya's clothes and hair. The court heeded Petrenko's apology to Natalia's mother and eldest daughter, although both were sure he had committed the crime on purpose. “I burned my daughter and turned a year old,” recounts the mother of the late Svetlana.
Nonetheless, the verdict says: “The court did not receive any evidence which objectively testifies to the commission of premeditated actions by Petrenko aimed at causing bodily harm to Ksenzova. “
Criminal intent
Lawyer Mikhail Yuryev explained to RIA Novosti that the main criterion for choosing a criminal article is the presence of 39; intention. Depending on this, the actions that led to the death of a person are interpreted in different ways.
This may be section 109 (“Causing death by negligence”), and part IV of section 111 (“Intentionally causing bodily harm serious resulting in death by negligence “), and Article 108 (” Murder committed when the limits of the necessary defense are exceeded “), and, of course, the 105th -” Murder “.
