Baku court releases fraud convict after full compensation

The Criminal Collegium of the Baku Court of Appeal has ruled to suspend a prison sentence for a person convicted of fraud, citing reconciliation with the victims and full repayment of the material damage caused.

The court told Operative Information Center-OMM.

According to the case circumstances, the defendant was accused of taking the property of three people through abuse of trust and deception. In particular, he used the trust of a woman with whom he was in a close relationship, promising to pawn her gold jewelry to resolve his financial problems and later return it. He did not return the items, causing the victim material damage totaling 57,600 manats.

The Baku Court of Grave Crimes found the defendant guilty under Article 178.3.2 of the Criminal Code and sentenced him to five years and three months in prison. The defense appealed, seeking an acquittal. During the appeal hearing, it alternatively asked the court to suspend the sentence, taking into account reconciliation with the victims and full repayment of the damage.

After examining the case materials and the arguments in the appeal, the Baku Court of Appeal found the first-instance court’s conclusion on the defendant’s guilt to be well-founded. At the same time, it gave particular consideration to circumstances relevant to individualizing the sentence.

The court established that the convicted person had reconciled with all three victims and fully compensated them for the material damage. In notarized statements, the victims said they had reconciled with him and had no complaints or claims against him.

Citing Articles 59.1.12 and 59.1.13 of the Criminal Code, the court collegium treated reconciliation with the victims and voluntary full repayment of the damage as mitigating circumstances.

The court also took into account that the defendant had no prior convictions, had a minor child in his care, was positively characterized at his place of residence, and had no aggravating circumstances identified in his case.

The court stressed that the purpose of criminal punishment is not only to punish a person, but also to restore social justice, rehabilitate the convicted person and prevent new crimes.

The Baku Court of Appeal partially upheld the appeal. It amended the first-instance ruling, conditionally suspending the five-year-and-three-month prison sentence under Article 70 of the Criminal Code and setting a two-year probation period.

The defendant’s pretrial detention was lifted, and he was released immediately from the courtroom.