In the Tula region prosecuted for the murder of local businessman of the three robbers broke into his house, he dealt with the raiders, protecting his family. Investigators could accuse him of murder or exceeded the limits of self-defense - in the first case, Tula will face a life sentence. For the head of the family stood Tula governor.
in the Tula region opened a criminal investigation into a triple murder committed by the 52-year-old self-employed (according to "Gazety.Ru", his name is Gegham Sarkisian). Reflecting the attack of four robbers who had broken into his house, he killed three of them. The incident occurred at the weekend. As told on Monday the head of the regional police Mishagin Andrew, in the evening on April 7 in a house in the village of October, in the suburbs Bogoroditsk broke into four armed with knives on preliminary data, pistol and beaten by robbers.
According to his wife businessman, criminals entered the house through an unlocked door, when the family watched TV.
during a robbery in the house, except for the entrepreneur, with his wife, daughter, sister and four young grandchildren, two three-year-boy's seven-month baby and six-year girl.
Raiders demanded money and gold. "Children are beaten, daughter, wife, and then moved on me - a pistol stuck in his mouth," - told reporters the family head. When criminals placed a gun to his head baby, master of the house grabbed a kitchen knife and attacked him on the robbers. Three robber died of his wounds on the spot. In his pockets were found dead gold ornaments taken from the women, and a small amount of money, the chief of the regional police. Mishagin stressed that the owner of the house "was not even a wealthy man." He had a farm.
Fourth robber managed to escape, now, as reported in the regional Interior Ministry, he was actively looking for.
head of the family was sent to the district hospital with a brain injury, according to a summary of the regional Interior Ministry control. "It hurts the head, hand, several teeth there, and numerous dents on the body," - he said. Now his house guarded by police.
According to the Ministry of Interior in the Tula region, opened a criminal investigation into the killing of three people at home according to claim "a" of Part 2 of Art. 105 (murder of two or more persons). The article provides for punishment up to life imprisonment. "In this case, a significant difference: it opened," in fact "or in respect of a businessman. The case opened by the discovery of three corpses and now owner of the house is not a suspect "- explained," Gazeta.ru "representative of the Regional Investigative Committee Tatiana Sergeeva. However, the entrepreneur can become a suspect in either murder (Article 105 of the Criminal Code), or in excess of the limits of necessary defense (st.108 CC), noted in the SC.
В«A situational assessment, clarified the circumstances of the incident," - said "Gazeta.ru" in the police. The regional management of the Investigation Committee believe that the suspect could go beyond self-defense. This is indicated by the nature of injuries, from which the robbers had died, said the SC SC. But the nature of the wounds businessman and his household said that the hijackers did not have time to use weapons, according to the Tula police.
Raiders acted on a tip, the regional Interior Ministry announced.
now established motive for the attack: we consider several versions. On one of them, the attack on the businessman's family could be due to the conflict entrepreneur with a family who now live not in Russia: he could give a tip thieves, the police have explained in Tula.
Police have identified the attackers.
Robbers - Georgian and Russian - have arrived in a car Mazda in Tula region of Moscow. All of them had previous convictions. The oldest of those killed was 44 years old. "We found the machine attackers, she was on the outskirts of the village. Completed its examination, seized evidence, which will help move forward in solving the crime, "- said Mishagin.
Once it became known to initiate criminal proceedings against a businessman, he stood up for many local residents and the governor. "He's a real man, and the offense did not give!" - Wrote in his Twitter microblog Tula region Governor Vladimir Gruzdev.
businessman's family in the near future may be transported to another district, said on Monday the acting head of the Ministry of Interior in the Tula region Mishagin Andrew.
В«We will take steps to stay ahead, to ensure their protection. If we have good reason to believe that the punishment may be, the family will be removed from this area, "- said Mishagin. As explained, "Gazeta.ru" the press service of the regional police, "measures for the protection of the family have already been taken."
As later stated in the SC, investigators have not yet been finally decided on the qualifications of the case, they have three versions: the murder of defense and to protect your family in the heat of passion, or because it exceeds the limits of necessary defense.
Investigators have promised to consider when investigating "the circumstances in which an armed robbery" and "the reality of life-threatening businessman and his family" as well as read with a "personal characteristic entrepreneur and his condition." "We understand that a man defending his home by armed robbers can not always control his actions. At such times a man is dominated by self-preservation instincts. In human terms it is difficult to condemn those who rushed to the armed robbers to protect yourself and your family - SC spokesman Vladimir Markin. - Investigators should and I hope, will take into account the exceptional circumstances of this case. "
Regionally SC "Gazeta.ru" reported that they will understand, how could a businessman to avoid the attacks of robbers, and there could not be applied stab wounds.
lawyers and community leaders agree that the criminal case filed over the triple murder, must be closed if no new circumstances vskroyutsya incident.
В«In favor of a businessman by the following facts: crooks invaded his home (and it does not matter whether the door is locked or not), they made a dual encroachment with violence dangerous to life, four of them, and they acted in an enclosed space where the family could not escape or call for help, "- said" Gazeta.ru "the chairman of the Moscow Bar Association Andrey Knyazev.
He points out that the law does not clearly spelled out the limits of necessary self-defense, often the final decision in this regard taken by the court. "No matter what the nature of injuries or number. Excess of self-defense is generally considered the situation where the criminal is stopped, but his finish. Trying to catch and punish criminals fleeing - the excess of self-defense, "- said Prince.
framework necessary self-defense in the Russian legislation defines art. 37 of the Criminal Code. "In the case of Tula, 37, a businessman, I must act in full" - agrees to the chairman of the NGO "Civil Security" Sergei Grinin. He notes that, according to a new version of the article (in force since 2002), even if with a sudden attack of a man thought that he was threatened with weapons, and he used his weapon in response, it is not considered a crime.
Nevertheless, he says, judicial practice in cases of self-defense is usually accusatory in nature.
So it was with Alexandra Ivannikova, which in 2003 stopped a private car driven by Sergei Bagdasarian. He tried to rape a passenger. The accused has a resistance to it, and stabbed him in the leg, resulting in accidentally fell into the femoral artery. The driver died from blood loss. Actions qualified as a consequence of Ivannikova intentional infliction of grievous bodily harm, resulting in the death of the victim (Article 111 of the Criminal Code).
prosecutors later reclassified the actions of the accused to article 107 of the Criminal Code - a murder committed in the heat of passion. In 2005, the capital of Lublin Court recognized Ivannikova guilty and sentenced her to two years imprisonment. In addition, the court decided to collect in full from the Ivannikova as financial compensation to the victim (the father of Sergei Baghdasaryan) 156 196 thousand rubles, and as a moral compensation - 50 thousand rubles. Later, lawyers and a representative of the prosecutor's office appealed the conviction.
July 4, 2005 the Moscow City Court quashed the conviction in the case of Alexandra Ivannikova and sent the case back for retrial. November 25, 2005 Lublin court dismissed the prosecution of Muscovite.
which reflected an armed attack in the flats and houses is not easy to prove self-defense is not exceeded. November 21, 2011 the robber rang the doorbell of the Moscow apartment where lived a widow and sons Andrew Hirnyk musician. Once inside, the robber fired at the man to let him out of traumatic gun. The noise of the victim's brother ran out, which struck the robber several times. As a result, the offender has died. According to investigators, three of them living in the apartment exceeded the limits of necessary defense, and the attacker struck multiple blows to the head and body. Criminal proceedings were instituted under Part 1, Art. 108 of the Criminal Code of Russia (murder committed in excess of the limits of necessary defense). All family members were hospitalized Hirnyk with various wounds and injuries. The case still under investigation.
TEXT: Jeanne Ulyanov