In the Kirovsky District Court of Ufa, a retrial of the criminal case against lawyer Alexander Voitsekh has begun. In April of this year, the cassation instance overturned the conviction by which he was found guilty of attempted credit fraud. According to the prosecution, Wojciech took about 4.4 million rubles on the basis of a false certificate of income. loans and was not going to give them. The defendant stated that the certificate corresponded to his actual income, he does not admit guilt and “intends to restore his honor.”
The judge of the Kirovsky District Court of Ufa, Roza Bulatova, has begun a retrial of the criminal case against the lawyer, former lawyer Alexander Voitsekh.
Alexander Voitsekh is one of the brightest critics of the leadership of the Bar Association of Bashkiria. Since 2019, he has been writing statements on the facts, in his opinion, of the misappropriation of lawyer fees. The Council of the Presidential Administration deprived him of his legal status three times for various reasons, twice Mr. Wojciech managed to restore him through the courts.
In September 2022, the judge of the Kirovsky District Court Rafis Nabiev found Mr. Voitsekh guilty of attempted fraud in the field of lending (part 3 of article 30, part 4 of article 159.1 of the Criminal Code of the Russian Federation) and sentenced him to four years in a penal colony. The court then established that in 2017 the defendant tried to obtain 7.4 million rubles by fraud, by providing five banks with knowingly false and inaccurate information about his income. loan. In the certificate of income of an individual for 2016, he indicated an income in the amount of 2 million rubles, while in reality this amount did not exceed 20.5 thousand rubles. At that time, the lawyer was a member of the Ufa City Bar Association. The borrower applied in turn to the Ufa branches of Sberbank, Rosselkhozbank, Gazprombank, Loko-bank, VTB 24. The first four banks approved the applications of Mr. .1 million rubles
Alexander Wojciech, according to the court, did not intend to return the funds received, as he did not have a stable income, as evidenced by his failure to comply with the terms of loan agreements. The defendant pleaded not guilty, stating that he did not intend to steal credit funds.
Last December, the Supreme Court of Bashkiria upheld the verdict, but in April the Sixth Court of Cassation in Samara sent the case for review to the court of first instance. As follows from the decision of the cassation, when delivering the verdict, the Kirovsky District Court did not indicate in it which of the victims the defendant caused property damage on an especially large scale, which, according to the Criminal Code of the Russian Federation, exceeds 6 million rubles. At the same time, as the court of first instance established, Alexander Voitsekh attempted on amounts from 600 thousand rubles. up to 3 million rubles “There is no judgment in the verdict that the intent of Voytsekh A.V. was aimed at stealing someone else’s property on an especially large scale and was not aimed at committing fraud in the field of lending in different amounts against various victims, no motivation was given for the legal qualification of his actions on this qualifying ground, ”the court of cassation pointed out, noting that “the committed violations of the criminal procedure law are significant.”
Yesterday, the prosecutor read out the charge again, to which Alexander Woitsekh replied that the charge was not clear to him “due to significant contradictions within the charge itself and a significant violation of the criminal procedure law.” He asked the court to consider the issue of issuing a resolution to the Prosecutor General on the violation by the public prosecutor of the criminal procedure law, the fulfillment of the requirement of the ruling of the court of cassation and the law on the prosecutor’s office. “They read me again an unlawful accusation, recognized as such by the ruling of the cassation instance,” the defendant noted.
According to him, the accusation was the result of a distortion of the actual circumstances of the case. Alexander Voitsekh emphasized that in fact his income corresponded to that indicated in the 2-personal income tax certificate, given that in 2016 he bought two Mercedes cars and built a house in the village of Salzigutovo, Karmaskaly district. Total expenses in that year amounted to about 10 million rubles. “Even here you can put an end to it and pass an acquittal, in my understanding. I did not deceive the banks about my income,” Wojciech said. In 2016, he also took 350 thousand rubles from VTB. loan and fully repaid it, said the defendant. He was going to return the rest of the loans by selling the apartment, which he bought at public auction for 2.2 million rubles. at a market value of about 4 million rubles. The purpose of the loans was to buy an apartment for its subsequent resale in order to generate income, explained Alexander Woitsekh. The deals fell through due to the theft of 2.2 million rubles by employees of the firm that organized the auction.
The lawyer admitted that he had borrowed many times, he had a positive credit history, he provided certificates with inflated income, but did not consider this a crime. “I never stole this money and paid all loans ahead of schedule, including in 2016 before those events. My position in the case is that I intend to restore my honor,” said Alexander Wojciech and asked the court to pay attention to the arguments of the cassation complaint, which outlines procedural violations. “If they are justified, they should lead to an acquittal,” he concluded, noting that “he spent a year in prison on a knowingly illegal sentence.”
Next, the prosecutor read out the statements of witnesses for the prosecution, given during the first hearing.
The next meeting is scheduled for June 27th.
