Man freed by court after Kiviõli murder went on to assault woman
The case of a man who assaulted a woman after walking free from a murder charge has raised questions around how this could happen, Põhjarannik reported.
Fjodor Kogutjuk, 27, escaped penalty for the 2022 stabbing murder of a 60-year-old man in the Ida-Viru County town of Kiviõli, on the grounds of diminished responsibility brought on by alcoholic delirium.
Kogutjuk was also not subjected to psychological treatment after being cleared of his guilt; the bout of delirium had followed a month-long drinking spree, Põhjarannik reported
On new year's day this year, Kogutjuk assaulted a 54-year-old woman by strangling her, causing minor injuries; had his original 11-year murder sentence handed by the first-tier Viru County Court not been overturned by the second-tier Tartu Circuit Court, he would not have been walking free.
Legal scholar Jüri Saar told ERR that delirium, meaning a psychotic condition established via forensic examination, does indeed exempt a person from criminal liability.
"However, this does not mean throwing up our hands and he walks out of the court a free man. Delirium is not a condition which occurs with everyone, and it is likely to recur. He needs to be assigned psychological special treatment. Logically, the expert report should also say what should be done with him so that he no longer experiences delirium," Saar said.
However Kogutjuk was not issued compulsory treatment or any other form of psychological support or supervision at the time, since forensic experts found his mental health state such that he didn't require that treatment.
"The expert report established that Fjodor Kogutjuk does not suffer from such permanent mental disorders or cognitive deficits that would cause involuntary behavior endangering himself or others. He has no medical indication for psychiatric treatment in any form. Since there is no need for treatment, compulsory treatment cannot be applied to Fjodor Kogutjuk," Tartu Circuit Court noted in its ruling at the time.
Thanks to the acquittal, Kogutjuk's legal costs of over €12,000 were borne by the state. While the prosecutor's office filed an appeal, the Supreme Court did not take it up for proceedings in cassation, where the facts of the matter are not reexamined, and only the relevant law is re-interpreted.
This left Kogutjuk's acquittal to enter into force.
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Editor: Andrew Whyte
Source: Põhjarannik
