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O.K., is accused of being in the Khmelnytskyi Pre-trial Detention Center for a long period of time, on suspicion of committing an intentional serious crime, having been released from punishment with probation for committing another intentional serious crime, supporting thieves’ traditions, disobeying the requirements of the current legislation of Ukraine and the rules of conduct that determine the procedure for detention in pre-trial detention facilities, as well as generally accepted rules of conduct in society, using his personal qualities and capabilities, gained respect and authority among prisoners as a person in the status of a subject of criminal influence.
To gain and strengthen his authority among the negative-minded inmates held in the Khmelnytskyi Pre-trial detention center, O.K. repeatedly violated the regime of detention, for which he was subjected to punitive measures by the administration of the institution.
Further, O.K., being a prisoner, having previously gained authority among prisoners as a person who leads a “correct” lifestyle for “thieves” traditions (i.e., the so-called unwritten rules and norms of behavior in a criminal community), in August 2020, unidentified by the pre-trial investigation persons who exercised criminal influence both on the territory of this institution and outside it (i.e., representatives of the highest group in the informal hierarchy of the underworld) was “appointed” to the status of a person who is a criminal authority (i.e., a representative of the highest group in the informal hierarchy of the criminal world) authorized to supervise the observance of unwritten “generally accepted in criminal circles” rules of conduct, the so-called “smotryaschii” (i.e., a person who ensures that “thieves’ laws” and thieves’ orders of the “smotryaschii” are observed in a certain region (pre-trial detention facility).
The appointment of O.K. as a “smotryaschii” of the Khmelnytskyi Pre-trial Detention Center was made with the aim of material support and coordination of criminal activity on the territory of this institution, accumulation and retention of funds, property and other assets (income from them), i.e. the so-called “thieves’ common fund”, further distribution of funds and property among the convicts, including the proceeds of crime, and the exercise of criminal influence.
After being appointed as a “smotryaschii” of the Khmelnytskyi Pre-trial Detention Center, to extend his criminal influence on the prisoners held in this institution, O.K. established certain rules of conduct among them and demanded their unconditional compliance. At the same time, any resistance to compliance with the rules of conduct established by O.K. was immediately suppressed by him personally and by other prisoners close to him and designated by him, through the use of physical and psychological violence.
In addition, to extend his criminal influence on prisoners and convicts held in the Khmelnytskyi Pre-trial Detention Center, as well as to control compliance with the rules of conduct established by him, O.K. appointed those responsible for certain areas/districts/bodies of the institution.
Thus, he appointed trustees who enjoyed authority among other prisoners and had a significant influence on them, namely persons from among the prisoners of the institution in the following areas those responsible for the institution’s buildings, responsible for ensuring compliance with the rules of conduct established by him by persons who violated the rules of stay in the institution and were placed in an isolated punishment cell, as well as by persons temporarily staying in the institution, responsible for material goods and prohibited substances distributed among prisoners/convicts, responsible for the entry of prohibited items into the territory of the institution.
In addition, O.K. appointed a trustee to be responsible for the proceeds of crime, entrusting her with the responsibility to keep the so-called “black bookkeeping” during his absence, i.e., detention in the Chortkiv Penitentiary Institution (№ 26).
Having received the appropriate status as a “smotryaschii” of the Khmelnytskyi Pre-trial Detention center, O.K. coordinated and controlled the activities of the institution both in person and by mobile communication and gave instructions, orders and instructions to other prisoners.
In particular:
– On September 05, 2020, during mobile communication with prisoners of the Khmelnytskyi Pre-trial Detention Center, who were respected among other prisoners and had significant influence on them, O.K. coordinated and provided advice on restoring the influence of prisoners on the territory of the institution, the possibility of gambling, collecting and distributing funds, getting prohibited items and substances on the territory of the institution, etc.;
– OOn September 06, 2020, while communicating by mobile phone with unidentified persons held in the Khmelnytskyi Pre-trial Detention Center, O.K. said that he had repeatedly ordered the distribution of drugs to drug addicts held in the institution, and then, during a mobile communication with a trusted person who has influence on the territory of the Khmelnytskyi Pre-trial Detention Center, he instructed the latter to distribute drugs to drug addicts held in the institution;
– On September 08, 2020, while communicating by mobile phone with prisoners of the Khmelnytskyi Pre-trial Detention Center, who were respected among other prisoners and had significant influence on them, O.K. coordinated activities regarding the procedure established among prisoners for gambling on the territory of the institution and the entry into the institution of prohibited items and substances;
– On September 08, 2020, while communicating by mobile phone with a trustee who has influence on the territory of the Khmelnytskyi Pre-trial Detention Center, O.K. coordinated the latter’s activities regarding the procedure for gambling on the territory of the institution and replenishing the funds of the so-called “black lists” and “thieves’ mutual fund” established among prisoners;
– On September 08, 2020, during mobile communication with persons from among the inmates of the Khmelnytskyi Pre-trial Detention Center and those held in the correctional colony No. 78, who enjoyed authority among other inmates and had significant influence on them, O.K. provided advice on establishing proper communication between convicts and inmates held in the correctional colony No. 78;
– On September 10, 2020, during a mobile communication with a prisoner who has influence on the territory of the Khmelnytskyi Pre-trial Detention Center, O.K. instructed the latter to issue drugs to drug addicts held in the institution;
– On September 11, 2020, during communication by mobile phone with identified persons from among persons not held in custody, O.K. provided information and coordinated activities on the latter’s extortion of funds from persons and their further distribution in accordance with “thieves’ traditions”;
– On September 11, 2020, during a mobile communication with a trustee with influence on the territory of the Khmelnytskyi Pre-trial Detention Center, O.K. coordinated the latter’s activities regarding the distribution of funds among convicts/prisoners, replenishment of the so-called “thieves’ joint fund”, as well as the supply and distribution of tobacco products and food;
– On September 12, 2020, while communicating by mobile phone with trustees who have influence on the territory of the Khmelnytskyi pre-trial detention center, O.K. decided to transfer a person from one criminal caste to another for committing actions that go beyond the “thieves’ morality”, and also decided on the need to punish the perpetrator, determining the nature of such punishment;
– On September 13, 2020, while communicating by mobile phone with identified persons from among the arrested persons of the Khmelnytskyi Pre-trial Detention Center, O.K. coordinated the activities of appropriation of drug-containing plants in the territory of Khmelnytskyi region and their further arrival on the territory of the institution for further distribution among convicts;
– On September 14, 20200, while communicating by mobile phone with a prisoner who has influence on the territory of the Khmelnytskyi Pre-trial Detention Center, O.K. coordinated the activities of another person to misappropriate drug-containing plants in the Khmelnytskyi region and instructed the interlocutor to punish the person by physical violence in case of refusal to comply with his instructions on organizing the crime;
– On September 15, 2020, during a mobile communication with a prisoner who has influence on the territory of the Khmelnytskyi Pre-trial Detention Center, O.K. instructed the latter to issue drugs only to drug addicts held in the institution, as well as to persons involved in gambling, in order to replenish the funds of the so-called “black lists”, “thieves’ mutual fund”;
Thus, having established and spread his criminal influence among the prisoners held in the Khmelnytskyi Pre-trial Detention Center, O.K. performed the following functions:
– took over the entirety of informal criminal power on the territory of the institution;
– appointed proxies who enjoyed authority among other prisoners and had significant influence on them, coordinated their activities;
– established his own rules of conduct in accordance with the “thieves’ laws” and ensured strict control over their observance by prisoners in the institution, both personally and through proxies;
-controlled the entry of prohibited items, objects, and substances into the territory of the institution;
– collected and distributed funds, including those obtained by criminal means, among convicts/prisoners, ensured, by determining the amount of funds to be transferred by certain persons to fill the so-called “thieves’ joint fund”, i.e. the mutual assistance fund in the criminal environment, and ensured the maintenance of the “game” of other persons, as well as the transfer of such funds to persons holding a higher position in the criminal hierarchy, in particular, the so-called “thieves in law”.
– made decisions on the need to provide prisoners with means of communication, ensured the supply of tobacco products, food, mobile phones, and drugs to the territory of the institution, which he distributed among convicts who led a lifestyle that he considered to be correct in the criminal tradition;
– organized gambling on the territory of the institution in order to fill the so-called “thieves’ pool”. At the same time, part of the collected funds was transferred outside the institution to support the functioning of the criminal element on the outside, and the other part remained in O.K. to finance the costs of spreading his criminal influence and authority on the territory of the institution;
– personally and through a proxy kept the so-called “accounting”, i.e. draft records in which the receipt and expenditure of funds or material goods for the needs of prisoners is recorded, and the so-called “black lists”, i.e. lists indicating the funds obtained by criminal means, expenditure of funds, in which he reflected all the receipts to the “thieves’ common fund”
– determined the criminal caste of prisoners and decided on the transfer of persons from one caste to another for actions that went beyond the limits of “thieves’ morality”
– due to his authority, leadership qualities, dominance in the criminal world of the institution, and submission by other criminal elements, he resolved disputes that arose between prisoners in terms of unwritten criminal “laws”, “by concepts” (i.e. the so-called system of informal norms and rules that operate in the criminal environment), acting in such cases as a “magistrate” and determining the validity of claims, as well as deciding on the need to punish the perpetrator and what it would be.
Case No. 686/23494/21
October 24, 2024, Khmelnytskyi city
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