The Kyiv Court of Appeal upheld the prosecutor's office and sentenced a taxi driver, a citizen of Azerbaijan, who in 2021 hit a 52-year-old pedestrian on Gorodetsky Street in Kyiv because of a remark, causing the man's death. This was reported by the Kyiv City Prosecutor's Office, UNN writes.
Details
The Kyiv Court of Appeal sided with the prosecutor's office, which appealed the verdict of the first instance court in a high-profile case of a pedestrian fatally beaten in the center of Kyiv. In 2021, a taxi driver, a 29-year-old Azerbaijani citizen, failed to yield to a pedestrian and almost hit him at a crosswalk on Gorodetsky Street in Kyiv. The 52-year-old pedestrian reprimanded him. The driver got out of the car and struck the pedestrian twice in the head, causing the victim to fall to the pavement and die.
According to the indictment, the taxi driver was charged with intentional grievous bodily harm that caused the victim's death (Part 2 of Article 121 of the Criminal Code of Ukraine). The sanction of the article provides for punishment in the form of imprisonment for a term of 7 to 10 years. However, the court of first instance changed the criminal legal qualification of the crime to a lesser one - murder committed through negligence (part 1 of Article 119 of the Criminal Code of Ukraine) and sentenced the defendant to 4 years in prison.
Disagreeing with the court's verdict and change of qualification, the prosecutors appealed the court's decision
The panel of the Kyiv Court of Appeal upheld the appeal of the Pechersk District Prosecutor's Office of Kyiv in terms of the qualification of the crime and partially in terms of the punishment, found the defendant guilty under Part 2 of Article 121 of the Criminal Code of Ukraine of intentional grievous bodily harm that caused the victim's death and sentenced him to 8 years in prison.
Recall
The Supreme Court upheld a 15-year prison sentence for a man who was convicted of killing a girl on Lysa Hora in Kharkiv in 2019 when he was 16 years old.