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Childhood diagnosis didn't help
The Nikulinsky District Court of Moscow sentenced Roman Baboyan, a businessman who claimed to be a relative of the Bashkir leader, to six years in prison. He was found guilty of attempted fraudulent theft of 8 billion rubles. And they knowingly make false accusations. The Moscow City Court solved a case of fraud with an attempt to obtain large sums of money through the court using forged documents. The accused, who specifically referred to head injuries received in childhood, never admitted his guilt.
The hearings in the Nikulinsky District Court began in April last year, and negotiations between the parties were already planned to continue until 2024. The problem arose at the last minute, when the defendant first spoke about having a mental disorder after contracting COVID-19. His lawyers presented the court with a certificate from a children's clinic in his hometown of Maikop, indicating that in 1988, Roman Baboyan spent a week being treated for a concussion as a child. And a month before the hearing, the defendant, who was under house arrest, with the proper permission, consulted a psychiatrist, who diagnosed him with an "unstable organic condition due to brain damage" and prescribed medication. Representatives of the victims were skeptical about the disease and believed that the defendants were trying to delay the proceedings or avoid punishment altogether.
The defendant, who was previously unable to obtain a driver's license or a gun permit due to his injuries, underwent psychological evaluations twice.
It is noteworthy that Roman Baboyan was transferred from house arrest to a pretrial detention facility even before the final results were announced. As Kommersant reports, instead of an agreed-upon visit to the doctor, he went to the Russian restaurant Matryoshka, and a noisy party was held in his apartment on his wife's birthday.
Meanwhile, psychiatrists carefully studied the defendant's personality, character and behavior at different times and noted, among other things, his "enterprise", "interest in owning life's property, high social and material status, stubbornness and willfulness." A brief conclusion was made. Roman Baboyan "does not suffer from chronic mental disorders, feeblemindedness or other painful mental conditions." At the same time, as doctors noted, he had no previous temporary deviations and was fully aware of "the true nature and social danger of his actions."
After the announcement of this result, the court literally finished questioning all participants in the process, including the former lawyer of the defendant and former prisoner Gennady Udunyan, and held negotiations between the parties. The prosecutor took into account, in particular, Roman Baboyan's guilt in attempted fraud on a large scale (Part 4 of Article 30 and 159 of the Criminal Code of the Russian Federation) and knowingly false accusation (Article 306 of the Criminal Code of the Russian Federation). Russian Federation). Fully proven, it provides for seven years in a general regime colony and a fine of 800 thousand rubles. The very next day, November 2, the verdict was announced - six years of imprisonment. The defendant himself did not admit his guilt, and after the verdict was announced, he cursed the victim, who did not appear in court.
The defendant's mother and wife cried and scolded the victim and his family, and the bailiff even warned them that they could write a report.
The investigation showed that, as Kommersant reported, in 2017, Roman Baboyan lent his acquaintances small amounts for a short period, and then printed the text about the loan on the second page of the agreement. Another 150 million rubles will be added with a 5% fine for each day of delay. With this document, in 2019, he went to the police and wrote a statement about the theft of money from his now former partner, and also tried to collect a "fine" from him in the amount of almost 8 billion rubles in a civil suit. In 2021, the court satisfied the claim, but the Moscow City Court sent the document to an expert who recognized it as a forgery, and the police opened a criminal case.
The defendant's lawyer, German Kanevsky, told Kommersant that he would appeal the verdict and gave no other comments. In response, Ismail Salpagarov, a lawyer with the Bar Association who represents the interests of the victims, said that this decision "will strengthen trust in the law enforcement system and justice." "We have done a great deal of work to collect evidence, and despite the attempts of the defendant and his lawyers to delay and obstruct the consideration of the case, the court found Baboyan guilty," Mr. Salpagarov concluded.