Приговор при свечах / Judgment in candlelight - Владимир Анатольевич Арсентьев

downcast face, disfigured by evil, should have been a sign so that no one who met him would kill him. Thus, the murderer’s life is spared, but with a sign of condemnation and punishment—a tremble in his head and fratricidal hand.[139] By this sign people were admonished: do not kill Cain. For it is written: “‘It is mine to avenge; I will repay,’ says the Lord” (Romans 12:19, Deuteronomy 32:35).

There is a streak of Cain, of his envy and malice, in every person. Humans cannot destroy evil, but they can overcome evil with good (Romans 12:21) within themselves and possibly by one’s own example. And the only way to do so is repentance – a shift from the carnal mind that Cain judged with to the spiritual mind that Abel reasoned and became sanctified with. “The Spirit gives life; the flesh counts for nothing. The words I have spoken to you – they are full of the Spirit and life” (John 6:63).

Human society, represented by state power, is obliged to temporarily punish the offender after establishing that person’s guilt of a specific evil act. However, murderers after Cain were put to death because there is a lack of mercy in people. For this reason, the international community has the presumption of innocence, which is a guarantee against the arbitrary actions of those who haven’t overcome their inner executioner – the wicked will to murder.

According to Jim Kouri, former Vice President of the National Association of Chiefs of Police (USA), psychopathic serial killers share some common traits with politicians and world leaders. Among these traits are a grandiose sense of self-worth, persuasiveness, superficial charm, ruthlessness, lack of remorse, and the manipulation of others. They do not run from police but contact it. Kouri notes that this profile allows the perpetrators to do whatever they like whenever they like, ignoring all social, moral, and legal consequences.[140]

Presumption of innocence, the axis of criminal justice, pushes the prosecution to not seek the death penalty against the suspected murderer – even if execution can be legally performed – but let that person live in incarceration for a legally determined period.

This happens if the presiding judge gives the parties to the case an opportunity to exercise their procedural rights and realize their interests. However, that opportunity comes to life only if the judge knows how to implement the mechanism that allows the defendant to exercise their rights to defense against charges, especially the rules of the presumption of innocence.

Once upon a time, an honored prosecutor – the state prosecuting attorney in a criminal case – approached the judge presiding on that case. The interdistrict prosecutor joked that she was out of job in criminal procedure. Then she added seriously that she first wanted to seek capital punishment for the defendant – execution by firing squad, but based on the conclusive results of the judicial investigation, she would only suggest maximum imprisonment in her accusatory speech. The prosecutor’s position seemed humane and objectively corresponded to the facts of the case, so the judicial panel heeded her opinion.

Here is what happened. A man named Musin terrorized the women of the city in the state prosecuting attorney’s jurisdiction without even knowing. He was especially dangerous for women who wore pants. The threat was confirmed by horrible findings of women’s corpses with indications of violent death. All victims were sexually assaulted and strangled. Fearful women spontaneously gathered in large groups on bus stops, waiting to commute to work and back, or rarely left their homes. Other women did not follow the criminal events in the city.

The evildoer, a scraggy man, came out of the woodwork while stalking a married woman. She had run away from him several times before – he could not catch her due to his unhealthy habits. Instead, he pursued her by threats, “I will track you down and catch you anyway!” The law enforcement refused to accept reports on the matter. The Yasny family was shaken up. Mr. Yasny had to drive his wife to work and back, which caused a conflict with his superiors. He was a bulldozer and excavator driver working at an opencast coal mine, and due to unemployment, there were many others in line to take his job. Desperation caused him to risk life and limb and personally track down the cunning and dangerous serial killer.

In the interlocutory ruling,[141] the court commented on that citizen’s high consciousness and courage in performing his public duty, as he solved the crime and caught Musin. It was also mentioned that Musin had been stalking Mrs. Yasny in the street and on public transport for two months. She told her husband about it and described Musin’s appearance, including such identifying features as a distinctive tattoo on the fingers of his left hand. Knowing about these features, Mr. Yasny managed to track the killer in a city of 50,000 and finally catch him. That night, after Mrs. Yasny confirmed the identity of the perpetrator, her husband took him to the police. As noted in the interlocutory ruling, Musin’s distinctive features, including the tattoo, had fit the description during the identity matching procedure.

Mr. Yasny, a modern-day hero, had the classical character of a detective – or of the famous Nanai pathfinder Dersu Uzala![142] People like him had expanded the ranks of Soviet law enforcement through party and Komsomol recruitment, the last of which took place in mid-1980s. It wasn’t Comrade Yasny’s fault that he lost his job, couldn’t sleep or rest, but restored peace in his family and order in the city!

However, that was not the end. After passing Musin to the local police, Yasny didn’t go home, although it was late. He followed his hunch and decided to wait on the front porch of the building. It was not in vain – Musin was released. His wicked joy, however, was again interrupted by Yasny. Our hero scooped Musin