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Case No. 295/1287/23 dated April 2, 2025

1. The subject of the dispute was the appeal of the judgments of the courts of first and appellate instances regarding the convicted person for attempted murder, in particular regarding the measure of punishment and the procedure for calculating the term of pre-trial detention.

2. The court of cassation instance, considering the complaint of the defense counsel, agreed with the conclusions of the previous courts regarding the proof of guilt and qualification of the actions of the convicted person. The court of cassation also rejected the arguments about the excessive severity of the punishment, since the courts took into account all the necessary circumstances, in particular the recidivism of crimes, the nature of the committed act, the opinion of the victim, and sincere remorse. At the same time, the Supreme Court pointed out an error of the appellate court regarding the calculation of the term of pre-trial detention, since it was not taken into account that the preventive measure in the form of detention was in effect until a certain date, and the decision on temporary stay in the pre-trial detention center does not change this fact. The court of cassation referred to the previous position of the Criminal Cassation Court of the Supreme Court regarding the calculation of the term of imprisonment in the case of sentencing based on the aggregate of verdicts.

3. The Supreme Court partially granted the cassation appeal, amending the judgment of the appellate court regarding the calculation of the term of pre-trial detention, and left the court decisions unchanged in the rest.

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