VERDICT

In the name of the Russian Federation
[20]00 Ostankino Intermunicipal (District) Court
of the city of Moscow, consisting of:
* Presiding Judge Matveeva V.B.
* People's Assessors Chuvaeva L.V., Evdokimova A.G.
[with Secretary ...]

with the participation of Prosecutor Kazadaeva A.I.
Defense lawyers: [?] Efimova N.I., Chernysheva G.V., Sviridova T.N., Liluashvili O.

having considered in open court the criminal case against:

• [Marchenko] Vladimir Vladimirovich, born June 22, 1974, native of [?], [?] region, education: 8 grades, married, registered at the permanent place of residence at the address: Mos[cow region], Reutov, Novaya St., bldg. 7, apt. 10, previously not convicted [of committing] a crime provided for by paragraph "b" of part 3 of Art. 163 [of the Criminal Code of the RF]

• [Zander ...] Viktorovna, born June 3, 1963, native of Moscow, education [?], [?] married, having two [non-working?] children as dependents, insurance agent of the Moscow Insurance [Company?], registered at the permanent place of residence [Moscow], Utrennyaya St., bldg. 6, apt. 50, previously not convicted [of committing] a crime provided for by parts 3, 5 of Art. 33 [and paragraph "b" of part 3 of Art. 163] of the Criminal Code of the RF

• [Zander Alek]sandr Sergeevich, born October 16, 1962, native of Mos[cow], [education] technical, married, having [?] minor children as dependents, held in the institution IZ [?], registered at the permanent place of residence at [the address:] Utrennyaya St., bldg. 6, apt. 50, previously not convicted [of committing] a crime provided for by parts 4, 5 of Art. 33, paragraph "b" [of part 3 of Art. 163 of the Criminal Code of the RF]

ESTABLISHED:

Zander N. and Marchenko V.V., by prior [conspiracy] of persons, committed: Zander A.S. instigation and [complicity] in extortion, Zander N. complicity in extor[tion], Marchenko V.V. extortion, that is, a demand for [the transfer] of property or the right to someone else's property under [the threat] of the use of violence for the purpose of obtaining property in [a large amount]

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...

Judgment

• Impose a punishment on her with the application of Art. 64 of the UK RF in the form of deprivation of liberty for a term of 6 (six) months without confiscation of property to be served in a general regime correctional colony. The term of punishment shall be calculated including the time of preliminary detention from July 8, 1999.
• The preventive measure until the verdict enters into legal force shall be canceled; upon completion of the term of punishment, Natalya Viktorovna Zander shall be released from custody in the courtroom.
• Find Alexander Sergeevich Zander guilty of committing a crime provided for by parts 4, 5 of Art. 33 - para. 'b' of part 3 of Art. 163 of the UK RF and impose a punishment on him in the form of deprivation of liberty for a term of ... years with confiscation of property personally belonging to him, to be served in a strict regime correctional colony.
• On the basis of Art. 70 of the UK RF, choosing the principle of partial addition of punishments, to the punishment imposed under this verdict, partially add the unserved part of the punishment under the verdict of the Moscow City Court dated May 31, 1999, and finally determine the punishment for Zander in the form of deprivation of liberty for (seventeen) years with confiscation of property personally belonging to him, to be served in a strict regime correctional colony.
• The term of serving the punishment for Zander A.S. shall be calculated from detention in custody from September 9, 1999. The preventive measure until the verdict enters into legal force shall not be changed and shall remain in the form of detention in custody.
• Exhibits - tapes with recordings of conversations to be kept, and the video recording of investigative actions shall be destroyed.
• The verdict may be appealed and protested to the Moscow City Court within 7 days from the day of its proclamation, and by the convicts Marchenko V.V. and Zander A.S. within the same period from the day of delivery of a copy of the verdict to them.

Presiding signature Matveev V.B.
People's Assessors signatures Chuvaeva L.V.
Evdokimova A.G.

[Stamp: Nikulinsky Intermunicipal (District) Court of the Western Administrative District of Moscow]
[Handwritten note: Entered into legal force on March 13, 2000.]