Man Sent to Prison in Sabotage Case Files Appeal: What the Appellate Court Decided

The Khmelnytskyi Appellate Court confirmed the legality of the verdict against a resident of Khmelnytskyi, found guilty of sabotage and unauthorized dissemination of information about the location of the Armed Forces of Ukraine, committed under martial law conditions. The court rejected the appeals of the accused and his defender. This was reported by the Khmelnytskyi Appellate Court.

According to the verdict, the 22-year-old Khmelnytskyi resident established contact via the Telegram messenger with unidentified persons from whom he received tasks for a monetary reward to photograph locations of the Armed Forces of Ukraine and to set fire to railway infrastructure objects in the Khmelnytskyi region.

During July-August 2024, he photographed military objects and vehicles and transmitted the obtained images and information through the messenger, which allowed identifying the locations of the Armed Forces of Ukraine.

In September 2024, acting on the received task and with the aim of weakening the state, the accused set fire to the "PONAB" relay cabinet on one of the railway sections in the Khmelnytskyi district. As a result of the arson, an element of the train traffic control system was damaged, which belongs to critical infrastructure objects of JSC "Ukrzaliznytsia" and has significant national economic and defense importance. For completing this task, he received 200 US dollars.

The Khmelnytskyi City District Court of Khmelnytskyi region found him guilty under Part 2 of Article 113 and Part 2 of Article 114-2 of the Criminal Code of Ukraine and sentenced him to 15 years and 6 months imprisonment with confiscation of property.

Disagreeing with the verdict, the defense challenged the legal qualification of the accused's actions under Article 113 of the Criminal Code of Ukraine (sabotage). In their appeals, the defender and the accused requested to requalify his actions under Article 194 of the Criminal Code of Ukraine – intentional destruction or damage of property – and to impose the minimum sentence.

In their opinion, the prosecution did not prove that the relay cabinet is an object of significant national economic and defense importance, nor that the accused's actions were aimed specifically at damaging such an object.

The appellate court rejected these arguments. The panel of judges noted that according to information from JSC "Ukrzaliznytsia," the "PONAB" relay cabinet is an object of critical railway transport infrastructure. Its damage or destruction can cause disruption of railway operations, significantly limit the state's logistical capabilities, and under martial law conditions negatively affect the country's defense capability. Furthermore, experts concluded that failure of such equipment creates risks for train traffic safety and under certain circumstances may lead to accidents.

The court also considered evidence indicating the accused's awareness of the relay cabinet's purpose and the possible consequences of its destruction. Case materials confirmed that he understood the significance of the chosen railway infrastructure object, was aware of the socially dangerous nature of his actions, and was carrying out tasks of persons acting in the interests of the aggressor state to weaken the country.

Therefore, the appellate court agreed with the local court's conclusion and recognized the qualification of the defendant's actions as sabotage committed under martial law as correct.

The full text of the appellate court ruling in case No. 686/3055/25 will be available in the Unified State Register of Court Decisions.

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