The Moscow City Court refused to change the sentence of Anna Andrianova, the owner of the Jump fitness club, who received two years of forced labor with a deduction of 10% of earnings for the death in the pool in the fall of 2020 of the daughter of actor Vladimir Konkin Sofia. It was challenged by all parties. The defense asked the defendant to be acquitted, while the prosecutor and representatives of the victim, who recognized the father of the deceased, insisted on a more severe punishment for the defendant – five years in prison.
In the court of second instance, the prosecutor argued that the district court had imposed an excessively lenient sentence on Andrianova. “I ask you to change the sentence and sentence her to five years in prison with a fine of 300,000 rubles,” the prosecutor said. She also asked the court to fully satisfy the claim of the victim Vladimir Konkin in the amount of 11.5 million rubles.
Representatives of the victim supported this position, noting that Andrianova did not admit guilt, did not repent and did not compensate for the damage. They drew the attention of the court to the fact that the Jump club had previously been fined for not having a medical room, but the doctor and the coach on duty by the pool never showed up. In their opinion, Andrianova pursued a “selfish motive” aimed at making money, and therefore did not hire a doctor and a trainer.
In turn, the lawyer of the defendant Roman Plugovenko demanded that his client be acquitted. He believes that there was no corpus delicti in the actions of his client. According to the lawyer, the existing GOSTs and the decision of the chief sanitary doctor for sports facilities do not obligatorily require fitness clubs to have a room for medical staff with access to a bypass path to the pool, as well as a sports instructor.
Earlier, his client did not admit guilt. In her opinion, the deceased herself was to blame for what happened, as she violated the rules of the club and came to him drunk. According to the examination, 2.5 ppm was found in the woman’s blood. Witnesses testified that in the morning Sofia Konkina drank a bottle of wine, and on the way (to the fitness club) she bought another one, drinking alcohol right in the locker room.
Andrianova herself expressed condolences to the family and friends of the deceased, wished “health and courage” to her father Vladimir Konkin. She called the incident an accident and noted that the court actually found her guilty of Konkina’s death. “I have never broken the law in my life, I do not consider myself guilty, there was nothing in my actions or inactions that would have caused the death of a young woman,” said the owner of the fitness club.
She noted that any organization has the right to develop its own rules for visiting its clients. “If you follow the rules, then visiting a fitness club is completely safe. The investigation did not take into account the fact that Konkina was an adult and capable person who agreed to the terms of the contract by buying a club card, ”she said. Andrianova noted that the agreement states in two paragraphs at once that the club cannot be visited in a state of alcoholic or other intoxication, as well as bringing and drinking alcoholic beverages or using other prohibited substances. She believes that the club had normal conditions for his visit. In conclusion, the woman noticed that she was a single mother, she had two young children. “I ask you to make a fair decision, the fate of two innocent little people is in your hands. Their mother’s life is already ruined. Do not leave them without their only loved one, ”Andrianova asked.
After weighing the arguments of the parties, the Moscow City Court left the verdict unchanged, and the complaints of the parties and the presentation of the prosecutor were not satisfied. The defendant’s lawyer said that he would decide on the possibility of filing a cassation complaint after consulting with his client, as soon as she “comes to her senses.”
On September 1, 2022, the Presnensky Court of Moscow found Anna Andrianova guilty of providing services that did not meet safety requirements, negligently resulting in the death of a person (part 2 of article 238 of the Criminal Code of the Russian Federation), and assigned her two years of forced labor with a deduction of 10% of earnings. She was also banned for two years from engaging in activities related to sports and recreational activities.
Forced labor is a relatively new form of punishment. Convicts live in correctional centers in their region. They perform certain types of work that the Federal Penitentiary Service assigns to them. For residents of Moscow, there is such a correctional center in Zelenograd.
The claim of the victim Vladimir Konkin for 11.5 million rubles was partially satisfied by the court, deciding to pay him 1.5 million rubles as compensation for moral damage and 565 thousand rubles as compensation for funeral expenses.