Odesa court revokes suspended sentence to man for disrupting mobilization

In Odesa, a court annulled the suspended sentence of a man who published data on the work of TCC mobile groups on Telegram. Now he will serve a real prison sentence for actions that threatened the city's defense.

This is evidenced by the verdict of the Odesa Court of Appeal.

The judge ruled to impose a real five-year prison term on a man who, during martial law, posted information about mobilization activities in Odesa on Telegram. The panel of judges recognized that the suspended sentence imposed by the court of first instance was too lenient and did not take into account the nature of the crime or the conditions in which it was committed.

According to the investigation, in February 2024, the man received information about the dates and places of work of mobile groups of territorial recruitment centers in different districts of Odesa. He shared this information in an open telegram group with more than 2,800 subscribers. Among the posts were photographs showing the locations and actions of the soldiers.

According to the investigation, such information could help other people avoid serving summonses and interfere with the work of the TCC, as well as create threats to the city's defense. Additionally, it was established that the publications contained a reference to the checkpoint on the Klevernyi Bridge, an element of the circular defense of Odesa, where the military and the National Guard are on duty around the clock.

The Prymorskyi District Court found the man guilty under the article on obstructing the lawful activities of the Armed Forces during a special period. At the same time, the judge decided to release him from actually serving his sentence, imposing a five-year prison term with a two-year probationary period. The prosecution disagreed with this decision and appealed, arguing that the crime was directly related to military law, and that the dissemination of the information could have harmed the state's defense capabilities.

During the hearing, the defendant and his defense counsel opposed the prosecutor 's appeal and insisted that the first instance verdict be upheld.

The court examined the circumstances of the case and concluded that the previous court had unreasonably applied the rule on probation. According to the court, although the defendant had not been prosecuted before, sincerely repented and transferred money to support the Ukrainian Armed Forces, these circumstances do not offset the social danger of his actions during a full-scale war.

The Court of Appeal overturned the suspended sentence and imposed a real prison term of five years. Three days of pre-trial detention in July 2024 were included in this term. The beginning of the sentence will be the day of the man's actual detention for the execution of the sentence.

In other parts, the decision of the court of first instance was upheld.

In late October, the Khadzhybeyskyi District Court of Odesa found the man guilty of obstructing the work of the Armed Forces and intentionally causing light bodily harm. The court sentenced him to five years in prison, but replaced the actual term with a probationary period of three years.

Анна Бальчінос