Zinkiv District Court of the Poltava region acquitted and acquitted an unemployed conscript who was accused of evading the draft during mobilization. This was reported by Glavkom. with reference to the verdict of August 23.
According to the case materials, at the end of December 2022, the military medical commission recognized the man as fit for service in the Armed Forces of Ukraine. In January and March 2023, he was served with summonses for military service. However, the conscript ignored these calls.
He partially pleaded guilty in court. However, he said: he passed the military medical commission, which included a therapist and a traumatologist. One of the doctors wrote a conclusion that he was fit for military service. At the same time, the accused added, he had flat feet. The employees of the medical commission and the territorial center of procurement and social support (TCC and SP) did not respond to his remarks.
In addition, with the consent of the trial participants, the court only questioned the accused and listened to his description. The prosecution did not submit any other material evidence to the court. Accordingly, Themis stated: the following are missing from the case file: the original of the summons or the receipt of its receipt; order on announced general mobilization; information about the conscript's stay on the register.
Themida was also unable to get acquainted with a copy of the conclusion of the military medical commission. In addition, the court did not see evidence that the orders of the TCC and SP employees were legal.
«The guilty verdict cannot be based on assumptions and is adopted only if the person is proven guilty of a criminal offense during the trial. . The basis for the guilty verdict of the court is the totality of reliable evidence obtained in compliance with the law, considered in the court session… When the evidence collected in the case does not confirm the accusation and all the possibilities of collecting additional evidence have been exhausted, the court is obliged to pass an acquittal verdict, – the court explained its decision.