Subject of the Dispute: Prosecutor’s cassation appeal against the ruling of the Vinnytsia Court of Appeal regarding sentencing of a woman who committed torture of her own child.
Main Arguments of the Court: The court thoroughly analyzed the norms of criminal legislation and concluded that the sanction of the article on torture does not provide for mandatory additional punishment in the form of deprivation of the right to hold positions related to children. The convicted person was not working with children at the time of the crime, therefore there are no grounds for applying additional punishment. The court emphasized that the imposed punishment in the form of suspended imprisonment is sufficient for the correction of the individual.
Court Decision: To leave the ruling of the appellate court unchanged, and the prosecutor’s cassation appeal – without satisfaction.
