The sentence in the case of the murder in Uralmash of a first-grader 31 years ago has been overturned by the Regional Court.

      The case of the abduction and murder of a 7-year-old boy 31 years ago, for which a sentence was handed down to Yekaterinburg resident Boris Subbotin, has been returned to the prosecutor for rectification of deficiencies, reports the press service of the Sverdlovsk region courts.

      The appellate complaint against the verdict of the Ordzhonikidze District Court of Yekaterinburg regarding Boris Subbotin, found guilty of the abduction and murder of a minor in 1995 (under part 2 of article 125.1, paragraph "e" of article 102, article 120, and part 3 of article 148 of the RSFSR Criminal Code), was reviewed by the Sverdlovsk Regional Court.

      The Ordzhonikidze District Court of Yekaterinburg found Subbotin guilty and sentenced him (under the law in effect at the time of the crime) to 10 years in a general regime colony for murder. Subbotin was released from serving his sentence for other crimes due to the expiration of the statute of limitations.

      During the court session in the Ordzhonikidze District Court, the state prosecutor requalified part of the charges, excluding the feature of committing crimes by a group of persons by prior conspiracy (part 2 of article 125.1 and part 3 of article 148 of the RSFSR Criminal Code) due to the lack of objective evidence. The court also did not establish the fact of sexual intercourse between Subbotin and the minor, requalifying the actions as lewd acts (article 120 of the RSFSR Criminal Code).

      The court also partially satisfied the civil claim for the amount of one million rubles.

      Subbotin himself did not admit guilt and insisted on the involvement of other persons. The verdict was appealed in a higher instance by both parties of the process (defense and prosecution).

      The judicial panel for criminal cases decided to overturn the guilty verdict and return the criminal case to the prosecutor in accordance with article 237 of the Criminal Procedure Code of the Russian Federation due to the presence of obstacles for its consideration by the court. The measure of restraint for the accused remains unchanged (detention).

      The Sverdlovsk Regional Court, having studied the arguments of the parties, concluded that there were significant violations of the criminal procedural law that exclude the possibility of issuing a lawful and justified verdict and cannot be rectified in a court session.

      The verdict of the first instance court was overturned, and the criminal case was returned to the prosecutor of the Ordzhonikidze District of Yekaterinburg to eliminate the obstacles to its consideration by the court.

      According to the investigation, in April 1995, Subbotin, together with an acquaintance, took advantage of the helpless state of the minor O., took the boy to a deserted place, and committed lewd acts against him, after which he killed him. Subsequently, the accomplices threw a note demanding a ransom of 50 thousand dollars into the mailbox of the relatives of the murdered boy.

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