According to lawyer Vladimir Alyoshin, the court takes into account the use of sports skills when killing a person. Investigation of battering of a student committed by sportsman Mirzaev. RIA Novosti
Subject to legislation of the RF, any advantage related to combatant abilities of the accused shall not be perceived as an aggravating factor, however, the courts shall nevertheless take into account, whether the sportsman applied his skills when committing a crime. RAPSI / infosud.ru was informed of this fact on Friday by lawyer Vladimir Alyoshin representing St.-Petersburg ex-boxer Alexander Kuznetsov, condemned for murdering the person who allegedly raped his adopted son.
The lawyer has also made comments on potential bringing to responsibility of Rasul Mirzaev, a mix-fight world champion. According to RIA Novosti source in law enforcement agencies, on August, 13, Mirzaev has killed a student in Moscow, with one blow. After a quarrel in front of “Garazh” night club, 19 yrs old Ivan Agafonov was admitted to hospital, and died after four days of the accident.
“There is no such express statement in the law, but the court practice is that such circumstance shall be taken into account by court, when fixing a sentence. And the court shall interpret the use of combatant skills against the accused,” said Alyoshin.
He believes that in such situations sportsmen practically cannot control their own response to any threats.
The interviewed lawyer believes that “If boxing skills have been honed for years, they shall be automatically applied in any sudden situation, at psycho-physiologic level. (To prevent such outcome) one should either be a top class professional boxer, or to be a layman."
Moreover, the lawyer who is a former criminal investigator, quoted examples from his practice, and told that pathological examination can detect some tragic coincidences.
“Let us assume that, in a friendly sparring session, a boxer’s beat amplitude coincided with the blow on his body hit by another boxer, and that resulted in death. Or else, should a man suffer from aneurysm, any precise hit with an apple shall kill him,” explained Alyoshin.
The defender supposed that actions of Mirzaev can be qualified as an involuntary manslaughter (article 109 of the Criminal code of the RF); such offence is penalized with up to four years of imprisonment. At the same time, Vladimir Markin, the official representative of Investigative committee of the RF informed RIA Novosti that due to student’s death the criminal case was requalified, and now it falls within article 111 (part 4) of the Penal code of the RF (Intended infliction of grave bodily injuries causing death of the victim). Such offence is penalized with up to 15 years of imprisonment.
On August 2011, Alexander Kuznetsov, the former boxer convicted for murder of the man who has allegedly raped his adopted son on New Year's Eve in 2008 in St.-Petersburg, was granted conditional early relief from the maximum security penal colony in the Omsk region where he has recently served under a sentence of Dzerzhinsky court of St.-Petersburg. Kuznetsov was accused of murdering the person who has allegedly tried to rape his 8-yrs adopted son at the stairs on New Year's Eve in 2008. According to accused, the child was battered, undressed and unconscious. The adoptive father of the boy, the former professional boxer, killed the offender (the 20-year-old native of Uzbekistan) with several blows.