Subject of Dispute: Cassation Appeal of a Sentence Regarding a Person Who Committed Theft by Breaking into Premises and Threatened Police Officers during Detention.
Main Arguments of the Court: First, the court recognized that a threat to police officers during the performance of their official duties is a completed crime, regardless of their recognition as victims. Second, the court for the first time changed the qualification of the person’s actions from theft to a criminal misdemeanor – unlawful entry into premises, which effectively mitigates the punishment. Third, the court thoroughly analyzed the evidence and recognized witness testimonies as credible.
Court Decision: Leave the cassation appeal unsatisfied, but reclassify the person’s actions from Part 3, Article 15, Part 3, Article 185 of the Criminal Code to Part 1, Article 162 of the Criminal Code and impose a milder punishment.
