Penza, 23 September 2014. PenzaNews. The prosecution asked the court to recognize the well-known businessman, chairman of Penza regional branch of Opora Rossii [Reliance of Russia] Oleg Totsky guilty of violating the rules of the road, resulting in the death of 21-year-old motorcyclist Marat Sharipov and grievous bodily harm of his 24-year-old passenger Ruslan Yakhin, and assign a sentence of 3 years of imprisonment conditionally.

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The trial began in Oktaybrsky district court of Penza on Monday, September 22.

“The accident occurred due to negligence of requirements of paragraphs 1.5, 8.1 and 13.4 of traffic rules of Russia by driver Totsky. He showed carelessness and arrogance, and began to maneuver at a controlled intersection without taking into consideration the distance to the motorcycle approaching him on the oncoming traffic lane, its speed, and the fact that the attempted maneuver does not pose danger to other road users,” Karen Barsegyan, Senior Assistant Attorney of Oktyabrsky district of Penza said.

According to him, the defendant’s guilt is fully supported by a set of mutually consistent evidence.

“Totsky made careless offense related to the category of moderate severity. He has never been held criminally liable, is not registered at psychiatrist’s or narcologist’s office, has positive characteristics. Please, include the mitigating circumstances, such as young children and voluntary compensation for non-pecuniary damage. I consider it necessary to sentence Totsky according to Part 3, Art. 264 of the Criminal Code to three years’ imprisonment. By virtue of Art. 73 of the Criminal Code consider the sentence conditional with three years of probation period. Totsky is requested not to change the place of residence without the permission of specialized government agencies, arrive for registration once a month,” the Senior Assistant Attorney stated.

He also noted that non-pecuniary damages already compensated to the victims can be considered sufficient.

“[Ryashit] Sharipov filed a civil claim in terms of non-pecuniary damage in the total amount of 10 million rubles, and [Ruslan] Yakhin — one million rubles. Of these Totsky voluntarily reimbursed to Sharipov — 1,050 thousand rubles, and Yakhin — 250 thousand rubles, which, in the opinion of the prosecution corresponds to the degree of moral and physical suffering of the victims. The rest of victims’ claims for non-pecuniary damages, please, leave without satisfaction,” the Senior Assistant Attorney of Oktyabrsky district court of Penza added.