Insulting remarks, threat to kill judge with live grenade in court building indicate intention to interfere with judge's activity and threaten him - CrimCC of SC

In his cassation appeal, the convict argued that the case did not prove beyond reasonable doubt the existence of intent to commit crimes under part 1 of Article 376, part 1 of Article 377 of the Criminal Code of Ukraine.

In the circumstances of the case, the convicted person made a death threat against a judge of the local court in connection with his activity related to the administration of justice - consideration of a complaint in which he was the victim. In addition, the convict interfered with the judge's activities in order to prevent him from performing his official duties.

The local court, taking into account the judge's statement to the police and the report to the High Council of Justice on the interference with the administration of justice, concluded that the convict was aware that he was threatening physical violence against the judge. He behaved aggressively in court, repeatedly entered the judge's office during the consideration of the judge's recusal, used insulting language and threatened to use a live grenade in the courtroom. The district court also took into account the conclusion of a forensic psychiatric examination that the convict was aware of his actions and capable of controlling them at the time of the offences.

The CrimCC of the Supreme Court agreed with the decisions of the courts of previous instances that in such circumstances the actions of the convict were correctly qualified under part 1 of Article 376, part 1 of Article 377 of the Criminal Code of Ukraine.

Resolution of the CrimCC of the Supreme Court of 8 August 2024 in case No. 396/419/20 (proceedings No. 51-7816км23) - https://reyestr.court.gov.ua/Review/120948756.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.