Legal judgment or fatal error of justice
This criminal case seemed to me worthy of the reader's attention, because it is a vivid example of how a brilliant knowledge of legal laws is broken into ignorance of the laws and principles of the formation of human thinking, as a result of which the court, when passing a sentence, is forced to be guided by its own inner conviction, that is, to act practically at random …
- Remember, Sharapov. There is no punishment without guilt.
He just had to deal with his women in time and not throw pistols anywhere.
Weiner brothers. Era of mercy
Almost two years ago, I happened to be the lawyer of the heroine, which will be discussed in this article. I was instructed to replace my colleague at several court sessions in the middle of the trial, when in the multivolume criminal case almost all the numerous witnesses had already been questioned and the judicial investigation was nearing completion.
This criminal case seemed to me worthy of the reader's attention, since it is a vivid example of how a brilliant knowledge of legal laws is broken into ignorance of the laws and principles of the formation of human thinking, as a result of which the court, when passing a sentence, is forced to be guided by its own inner conviction, that is, to act practically at random.
The accused was taken into custody four years ago and sentenced by the court to eight years in prison. The case was then reviewed by the Supreme Court, with the result that the original sentence was overturned as it was unfounded. The criminal case was re-referred to the first instance court for examination by a new judge.
My client, already convicted once, more than ever, wanted to believe in the triumph of the law and hope that the experienced, gray-haired judge, who was to try the case again, would have the wisdom and determination to pass an acquittal and correct the unfortunate mistake of the novice judge, who initially passed the guilty sentence.
The plot of the accusation
According to the charges brought against her, she, being at a certain address at night (in one of the so-called brothels of the city), “taking advantage of the helpless state of the victim, since the latter was intoxicated, with the aim of causing him special suffering, approached him, sleeping on the floor, and in total inflicted at least 20 blows:
- at least 5 times with her head on the floor, - at least 10 punches in the head area, - pulled off her jacket and inflicted at least 5 kicks on the body."
In connection with the above, she was charged with inflicting grievous bodily harm to the victim, from which the latter died. The victim was about thirty years old, he was of a heavy build, tall.
Position of the accused in the case
The accused did not admit guilt in the act incriminated to her either at the preliminary investigation or at the court session. Starting from her first interrogation as a suspect, she explained that in the apartment where she entered in the dark, there was a victim whom she had not previously known. The man first lay on the sofa, then snored and fell to the floor.
There was no electricity in the room, the lighting came only from street lamps. It seemed to the woman that the victim muttered something obscene towards her, so in response she gave him a slap in the face. This was seen by several people in the room: several men and a woman.
Systemic observation of the vector set of the accused
By the time I met my ward for the first time in the office of the pre-trial detention center, two years had passed since her arrest. She was brought to trial for the first time. Before being detained, she raised her son of preschool age.
She was a slender, blonde, 34-year-old woman with huge blue eyes, of medium height, with her hair pulled back in a ponytail or a high bun. She had a way of speaking quickly, periodically jumping up from her seat and, gesticulating, explaining something to me, as if drawing to me images of the situation in that ill-fated apartment. Fast, agile "cotton-eyed", she easily attracted to herself, establishing an emotional connection and at the same time demanded increased attention to her person.
Despite being in the isolation ward, she remembered her feminine essence. For each court session I tried to dress somehow in a special way, put on bright makeup. The woman hid numerous scars on her hands and forearms behind her long sleeves. From her mother's stories, I learned that as a teenager, she resorted to demonstrating suicide as a way of blackmail to get what she wanted. This confirmed the hypothesis about the undeveloped state of the properties of her visual vector.
The woman perfectly studied her multivolume case, quite logically tried to compare the collected evidence. Every day she demanded to call me for a conversation, trying to find any more evidence of her innocence, and how she could “bite into” all the evidentiary inconsistencies in the case with the laws of elementary logic.
From communication with the accused, I understood that she clearly discerned the skin-visual ligament of vectors in an undeveloped state.
At the hearing, her emotionality at times just went off scale. The woman switched to screaming, throwing tantrums. The judge made repeated remarks to her. Flickering in the skin vector and excessive emotionality in the visual vector did not make the best impression, influencing the perception of her personality by the judges. She could be humanly understood: she fought to prove her innocence by all means available to her due to her level of development.
At the same time, she cited a lot of rather weighty evidence in her defense, which were mistakenly interpreted by the court as her desire to evade responsibility for what she had done. All petitions of the defense, who tried to challenge the charge, were rejected by the court.
Could this crime be committed by a woman with psychic features of the visual-cutaneous ligament of vectors, as was the case with my client?
A number of evidences in the criminal case testified in favor of the defendant's innocence, which I will discuss below. First, let us analyze the psychological component in the aspect of this issue.
As shown by Yuri Burlan at the trainings "System-vector psychology", a skin-visual woman does not commit deliberate crimes of a violent nature. In an undeveloped state of vector properties, she is always a potential victim of crime, a victim of a crime, or a victim of a slander. In a developed state of vectors, these are women of an amazingly delicate mental organization, creators of culture, setting the bar for the humanistic values of society, capable of being sacrificial, compassionate and truly loving.
Our heroine is a skin-visual woman. This term is familiar to everyone who has completed the training "System-Vector Psychology" by Yuri Burlan. She is either sacrificial or sacrifice. The visual vector contains a root fear of death and an absolute inability to kill. These are those hypersensitive and emotional boys and girls who often faint from the sight of blood. They can't crush a spider, let alone beat a man to death.
Crimes inherent in an underdeveloped skin vector are always of a property nature, such as theft, fraud. For them, everything is measured in the “benefit-benefit” category. Under certain circumstances (a person with a skin vector without the presence of a visual vector) can commit murder, can stab, shoot, inflict a fatal blow with an object at hand, but not beat.
A person lives according to the principle of pleasure, which works according to a given innate vector program. The tendency towards sadism and violence has only one vector that my ward did not have. Only a person with an anal vector, in a state of severe resentment or a chronic lack of realization, most often of a sexual nature, unconsciously tries to compensate for his bad conditions through the use of physical violence. In this way, he relieves his stress, frustrations or realizes revenge, obtaining a temporarily balanced state of the biochemistry of the brain.
The state of receiving pleasure from inflicting pain has nothing to do with visual hysteria, when a person can scream, scandal, threaten something, curse, in a fit of emotion, he can even slap his offender in the face, but will never go on to beating. The fact that the accused slapped the victim in response to an apparent insult from a man she did not know is quite consistent with her mental characteristics.
Thus, at the time of communication with my client, I systematically understood that she was speaking the absolute truth that she did not beat the victim. The underdevelopment of the visual vector forced her to go for an emotional shake-up of fear in a nocturnal den, and the flickering skin vector demanded its dose of adrenaline associated with risk. Failure to admit guilt in this case was not a way for the accused to evade responsibility.
Basic evidence of innocence
As I promised, I am citing evidence of the defendant's innocence contained in the materials of the criminal case.
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According to the results of the forensic medical examination carried out with respect to the victim, the presence of alcohol was revealed in his blood - 0.20 ppm, which, in accordance with the Regulation on the examination of persons for alcohol intoxication, did not correspond to the state of alcoholic intoxication.
This meant that the victim could not be in a helpless state due to being intoxicated, as the prosecution argued. Given this, it is not logical that the accused was able to carry out the infliction of such a number of blows to a sober man, physically superior to her in physique.
- In addition, the expert did not find any foreign biological material under the accused's nails. Given that she was detained in hot pursuit, this raised doubts about her guilt.
- Other questions arose in the case. For example, from which there was a large blood stain, which, among other traces of blood, was found at the scene, but which did not correspond to the location where the beating took place. For what reasons was the stain prudently carpeted?
- From the conclusions of the forensic medical examination, for which the shoes of the accused were seized, in which she was at the scene of the crime (boots without heels, white), it follows that no traces of blood were found on them.
In legal terms, these circumstances indicate the lack of sufficient evidence of the guilt of the accused of the act incriminated to her. The construction of the prosecution's plot initially does not agree with the direct objective evidence obtained in the case. In this connection, the court, when sentencing, had to take into account this circumstance in favor of the accused in accordance with the principle of the presumption of innocence.
About the motive of the crime, or cherchez lfemme …
What motive should a woman be guided by when inflicting bodily harm on a victim? Let's talk about this in more detail.
I would like to remind you that the investigation did not find an intelligible explanation for the actions of the accused to beat the stranger. In this case, the motive for revenge is completely excluded. Based on the materials of the case, the victim and the accused did not know each other. They did not have any serious conflicts, therefore, there was no motive for causing grievous bodily harm.
However, some circumstances emerged in the case. In particular, the victim's widow testified that the deceased husband had a friend with whom they quarreled. The victim did not like that his friend was cheating on his wife with another woman, and he wanted to tell the bitter truth to his friend's wife. This conflict between them existed for about two years.
It was on that unfortunate day when the accused was charged with a crime that the friends met in the above apartment. Another conflict occurred between the victim and his friend on the above-mentioned occasion, which grew into a fight. The victim even fell to the floor from the blows.
The friend was initially detained on suspicion of committing a crime against the victim. However, he was soon released, because in his interrogation he indicated that he had hit the victim in the morning. However, the time of infliction of bodily harm, which the detainee indicated in the interrogation, does not agree with the conclusion of forensic experts that the injury could have formed in the evening, approaching night time, but not earlier.
It should be noted that other witnesses in the case indicated a later time of the conflict between friends, as well as the beating of the victim by another man, who turned out to have a rather dubious alibi.
The fact that a few hours before her arrival at the apartment where the crime occurred, the victim was called an ambulance "after falling down the stairs due to an epileptic seizure" raises doubts about the guilt of the accused. Two police officers confirmed in court that at that time they entered the apartment and saw the victim lying on the floor, breathing heavily, as it seemed to them, asleep. The court considered the above explanation of the reasons for calling an ambulance to be fully consistent with reality and admitted that by the time the police arrived, the victim could only sleep on the floor.
But back to the detained friend of the victim. After his release from the temporary detention center, a female witness quickly appears, who was present in the apartment at the time of the arrival of the accused and saw how the latter slapped the victim in the face.
Suddenly, a version emerged linking the moment of receiving grievous bodily harm to the victim with the time of the visit of the accused to the apartment. In addition, they recalled that in the morning she called an ambulance for a dying man, because none of the inhabitants of the brothel had a telephone. I remembered her conversation with the arrived medical team, asking about the patient's condition.
Then everyone was silent, and the accused, addressing the rest of those present, avoiding uncomfortable questions, asked the question: "So I killed him?" Of course, she asked the question, bearing in mind that this statement was absurd, since the patient's condition clearly did not correspond to the result of the slap in the face. But such psychological subtleties of the moment were omitted, and the unfortunate question was subsequently judged not in her favor.
From that time on, a woman witness and a former suspect released from the IVS began to point to the accused as the person who had committed a crime. In an investigative experiment with the participation of a forensic expert, they showed in detail how she inflicted bodily harm. The expert concluded that the mechanism of inflicting bodily harm was consistent with the injuries received.
The version of these persons was taken as the basis of the prosecution, while the testimony of other witnesses, refuting this fact, was rejected by the court. The investigation sent the case to court. On the day the case was considered in court, it was not possible to interrogate the victim's friend. He died under unclear circumstances while in another state. His testimony was read out and formed the basis of the conviction.
Our heroine was again found guilty, and she was sentenced to seven years in prison. All subsequent complaints about the illegality of the sentence were dismissed.
Conclusion
According to the law, the court in its judgment assesses the evidence, taking into account the requirements of the Criminal Procedure Code about their relevance to the case, admissibility and reliability, and all collected evidence in aggregate - from the point of view of sufficiency to resolve the case. The acceptance of some and the recognition of other evidence as unreliable must be motivated by the court.
All obtained evidence is always evaluated by the court according to the inner conviction of the judge. It should be noted that the inner conviction of a judge can be based on the worldview of this particular person, his principles, life experience, but this is not enough. Without knowledge about the presence of eight vectors that set their special natural properties to a person, it is difficult to distinguish the rational kernel of evidence from the chaff of a slander.
Unfortunately, practice proves that we are ready to believe, but not ready to know. With this approach to the investigation of criminal cases, judicial errors are inevitable. Attempts to prove that a skin-visual woman under these circumstances is not capable of murder are in vain when the judge has no concept of this type of human individual, but has developed his own opinion based on an inner conviction, which was reflected in the conviction.
However, systemic thinking does not allow me to forget the huge eyes of my client, in which I read a plea to believe in her innocence. Systematically I understand that silence in this case is criminal. Therefore, I speak not only as a lawyer, but as a person with knowledge of the system-vector psychology of Yuri Burlan. This gives me the right to write these lines and assert about the innocence of a person who has spent 4 years in isolation from society. This systemic thinking makes me remember with pain that there is an innocent person behind bars accused of a particularly serious crime.
I hope that modern judges and investigators will move from the decrepit cart of assessing evidence "by inner conviction" to a superfast route leading to an accurate understanding of the foundations of the formation of criminal desire, which forms into criminal behavior.
And sentences handed down on behalf of the state will be proclaimed on the basis of the law and taking into account a clear understanding of the personal characteristics of each individual person involved in a criminal case. And Gleb Zheglov's catchphrase that "there is no punishment without guilt" will cease to be a convenient excuse for psychological illiteracy, incompetence and ignorance.
