Source The court refused to vacate a special military operation volunteer's criminal record. As it became known to Kommersant, Pavel Petrukhin, a member of the Bars-1 volunteer detachment, who participated in a special military operation (SVO) in Ukraine, unsuccessfully tried to expunge his conviction for stealing floorboards from an abandoned house in the Tver region. The man participated in the battles from early May to early July and argued in court that he needed the removal of a criminal record in order to continue his service. As it turned out in the course of the proceedings, the court, taking into account Petrukhin's full admission of guilt and making amends for the harm, appointed him a measure of a criminal law nature in the form of a judicial fine in the amount of 6 thousand rubles, which does not form a criminal record. Thus, the applicant's application was denied.
Pavel Petrukhin, a resident of the Tver region, applied to the Kashinsky Interdistrict Court with an unusual petition: he asked to have his conviction for stealing 11 floorboards from an abandoned house expunged in the fall of 2021.
he needs to take part in the hostilities of a special military operation on the territory of Ukraine.
Despite this, in fact, he already participated in the SVO from May to July as part of the Bars-1 volunteer detachment.
“He has established himself as a competent, brave, diligent serviceman, capable of correctly assessing the situation and performing combat missions. He had no reprimands during his service. When performing combat missions, he showed reasonable initiative and ingenuity, courage and courage. He knows the equipment and weapons entrusted to him, skillfully used in combat operations. Among the command and subordinates enjoyed well-deserved authority. Morally stable, physically developed. Demanding of himself. He knows how to keep state and military secrets. Corresponds to the position held. Worthy of submission to receive a state award. He has gratitude for fidelity to military duty, patriotism, valor, dedication and courage in performing combat missions during a special military operation in Ukraine, high skill, strengthening military fraternity, diligence and increasing military traditions, ”follows from Petrukhin’s service record attached to the petition.
The future fighter committed the ill-fated theft in two stages in September-October 2021.
Through the unlocked front door of an abandoned house, he entered the terrace room with a crowbar, where on the first day he tore off five floorboards 3.77 m long worth 384 rubles. 54 kop. each, and in the second – dismantled in the corridor six floorboards 6.6 m long worth 673 rubles. 20 kop. each.
The total amount of material damage caused amounted to 5961 rubles. 90 kop. The police investigator asked the court to stop the criminal case in connection with the appointment of a criminal law measure in the form of a court fine. The fact is that Petrukhin committed a crime of moderate gravity, completely made amends for the harm done and sincerely repented. The victim did not object to the termination of the case, since the last time before the theft of the boards was in his house six years ago. The house is unsuitable for living, there is no electricity, gas and water, the stove is broken, there is nothing to cook food on.
In court, Petrukhin stated that he did not officially work, but had part-time jobs. Married, has no young children and other dependents, is characterized positively by place of residence. The court eventually imposed a court fine on him in the amount of 6 thousand rubles, and the criminal case was dismissed. The material evidence in the case – “metal scrap, packed in a plastic bag, labeled with an explanatory inscription and sealed with the seal of SO” – the court decided “to destroy as a weapon of crime.” The floorboards were returned to the victim.
At the request of Pavel Petrukhin to expunge his criminal record, the court concluded that he “has no outstanding or unexpunged criminal record”, and therefore came to the conclusion about the refusal.
Whether the fighter went back to the combat zone of the Northern Military District is unknown.
Let us recall that the punishment in the form of court fines (Art. 76.2 and Art. 104.4) was introduced into the Criminal Code at the initiative of the Chairman of the Supreme Court Vyacheslav Lebedev, who noted that the implementation of this institution will contribute to the “socialization of citizens who have committed crimes for the first time.”
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