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Deaths of people near a closed shelter in Kyiv: a guard who did not open the door was sentenced to 4 years in prison

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A court sentenced a hospital security guard to 4 years in prison for failing to open the door of a shelter during a rocket attack. His actions killed three people, including a 9-year-old girl.

A security guard at a hospital in the Desnianskyi district of Kyiv who failed to open the door to a shelter during a Russian missile attack on the night of June 1, 2023, was found guilty of knowingly leaving people in a life-threatening condition without help. Then three people died near a closed shelter, including a 9-year-old girl. UNN reports this with reference to the Office of the Prosecutor General.

Following a public prosecution by the prosecutors of the Desnianskyi District Prosecutor's Office in Kyiv, the court found a hospital security guard guilty of deliberately leaving persons in a life-threatening condition without assistance and depriving them of the opportunity to take measures to preserve themselves as a result of their helpless state, when they could have provided assistance, which led to the death of three people (part 3 of Article 135 of the Criminal Code of Ukraine). He was sentenced to 4 years in prison

- the Prosecutor General's Office said in a statement.

The prosecutor reportedly proved in court that the guard of the Primary Health Care Center No. 3 did not open the shelter door during the air raid alert in Kyiv on the night of June 1, 2023, depriving people of the opportunity to save their lives. As a result of his actions, three people, including a 9-year-old girl, were killed during a Russian missile attack.

The sanction of Part 3 of Art. 135 of the Criminal Code of Ukraine provides for a sentence of imprisonment for a term of 3 to 8 years. The death of a young child under Article 67 of the Criminal Code of Ukraine is an aggravating circumstance.

The defendant did not admit his guilt and did not repent of the criminal offense.

According to the Prosecutor General's Office, during the trial, the man constantly changed his testimony regarding the circumstances of the incident and the reasons why he did not open the shelter (he did not have time, did not hear the alarm, did not see people). In the end, the defendant told the court that the hospital was not equipped with a shelter at all and he was not obliged to open it.

The prosecutor's position in the court arguments was to sentence the defendant to imprisonment for a term of 6 years and 6 months.

Currently, prosecutors are studying the court's verdict to determine the grounds for appeal.

Recall 

As part of the investigation into the tragedy, in which people who were unable to get to a shelter were killed by falling enemy missile fragments, four people were detained. 

A court in Kyiv has remanded in custody a security guard at the Kyiv polyclinicnear which three people died because they failed to get to a shelter.

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