Sentencing

The court also takes into account the role of each accomplice, noting that she did not take direct part in the commission of the crime and her role consisted only in conveying her husband's proposals regarding the commission of the crime to other persons and performing other actions of such a nature, during which she was guided not by a profit motive, but by a sense of compassion for her spouse, which in the opinion of the court significantly reduces the degree of social danger of the crime. Taking into account her behavior and the circumstance that Zander N. during the period of the trial was held for a long time in conditions of strict isolation, her family situation and the significant reduction in the scope of the charges, the court finds it possible to apply the requirements of Art. 64 of the UK RF to the defendant.

The court takes into account the nature of the actual participation and the secondary role of the defendant Zander A.S., who had no real possibility of compelling the accomplices to commit the crime and who involved his wife - defendant Zander N. in attracting only Marchenko to the commission of the crime and who provided assistance to them. There is no evidence in the case of incitement by Zander A.S. of the persons identified by the investigation who took part in the extortion together with Marchenko, and no such charge was brought against any of the defendants. The court also notes the nature of the relationship between the defendant Zander A.S. and the victim Rudenko, consisting in the fact that the latter, previously brought by Zander A.S. to criminal responsibility for committing a crime for profit by prior conspiracy by a group of persons, did not exclude for himself the obligation to provide material support to Zander and members of his family.

Based on the foregoing, guided by Art. 303-315, 317 of the CCP RSFSR

sentenced

Marchenko Vladimir Vladimirovich guilty of committing the crime provided for by paragraph "b" of part 3 of Art. 163 of the UK RF and to impose a punishment in the form of deprivation of liberty for a term of 9 (nine) years with confiscation of property with detention in a strict regime correctional colony.

The preventive measure until the sentence enters into legal force shall not be changed, it shall remain in the form of detention in custody. The term of punishment shall be calculated taking into account preliminary detention from June 10, 1998.

To find Zander Natalya Viktorovna guilty of committing the crime provided for by part 5 of Art. 33 - paragraph "b" of part 3 of Art. 163 of the UK RF...