July 23 Hłybokaje district court found Dmitry Lupach guilty of violating the law on the mass media - Part 2 of Article 22.9 of the Administrative Code (illegal production and distribution of media products).
The reason for the lawsuit was the article "There were relatives of the border guard killed in Hłybokaje District September 17, 1939," posted on the website on June 9 "ERB." The case is considered the chairman of Hłybokaje district court Irina Kazak.
The judge is not allowed to act as a witness for the BHC representative in Vitebsk region, a member of the NGO "Belarusian Association of Journalists" Paul Levinau. He wanted to clarify that Mr. Lupach, as a private individual, not the publisher or distributor of the media. Blame Dmitry Lupach not confirmed a representative of "Euroradio" bureau director Konstantin Golden - he showed that it was an editorial.
Lawyer Mr. Lupach stressed that witnesses did not confirm that the interview was given to Dmitry Lupach. And the journalist was deprived of the right to defense, as the record of the offense was made on June 25 and July 10 only, according to the documents of the case, he explained his rights. The lawyer offered to dismiss the case Dmitry Lupach, finding him not guilty.
Nevertheless, the court found the journalist guilty of not taking into account the explanations Dmitry Lupach, which also does not consider himself an offender. The Court also did not accept the conclusions of counsel that the protocol violations compiled correctly: there is no information about the time and place of the offense, there is no sign of the journalist that he introduced to the rights and obligations of persons against whom the administrative process. In addition, the lawyer said that the police inspected the actions of the journalist under the rules of the Criminal Procedure Code and to the administrative law does not provide this.
Case Dmitry Lupach had already returned for revision to the police - the date of the original trial of the journalist was set for July 10. New Protocol on Mr. Lupach not made. President of the Court decided that in this form, as it is, the case can be reviewed in court.
The journalist said he was going to appeal the decision of the Hłybokaje district court in Viciebsk regional court.
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