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Earnings from searches of illegal casinos: the case of Dmytro Sus, former Prosecutor General's Office investigator

  • Date of commencement of the case: 25/09/2019
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Earnings from searches of illegal casinos: the case of Dmytro Sus, former Prosecutor General's Office investigator Earnings from searches of illegal casinos: the case of Dmytro Sus, former Prosecutor General's Office investigator

Case description

On January 31, 2023, the HACC found Dmytro Sus, a former Prosecutor General's Office official, guilty of seizing property during searches of gambling establishments by abuse of office. He was imprisoned for 9 years, and later the HACC Appeals Chamber reduced the sentence to 7 years.

Dmytro Sus is a former deputy head of a department at the Prosecutor General's Office. He investigated the cases of the former Minister of Ecology Zlochevskyi and Rinat Akhmetov's company. The NABU and the Prosecutor General's Office had a serious “quarrel” over the investigation against him.

Dmytro Sus

This story has been going on since the spring of 2016: the NABU became interested in Sus after an investigation by Nashi Groshi journalists. They say the former official used the car, but it was officially registered to his 85-year-old grandmother. Accordingly, the car did not appear in Sus's declaration, and its market value at the time of purchase in January 2015 was UAH 864,000.

The investigation sparked a dispute between the two agencies, which later resulted in an open conflict. Subordinates from the Prosecutor General's Office reported surveillance, and the NABU responded by filing charges of torture against its employees. Representatives of the Prosecutor General's Office tried to visit the NABU with searches, and then a clash occurred between the representatives of the agencies.

Eventually, then - Prosecutor General Lutsenko dismissed Sus for systematic violations of the laws “On Prevention of Corruption” and “On the Prosecutor's Office,” the rules of prosecutorial ethics, and actions that discredit the title of prosecutor.

A year after the scandal, in July 2017, the NABU detained Sus at Boryspil Airport when he was on his way to Turkey on vacation and posted a photo of the plane a few hours before the arrival of the operatives. He was suspected of abuse of office and failure to declare an SUV.

On October 28, 2020, the Constitutional Court of Ukraine issued a scandalous decision to abolish criminal liability for false declarations. Therefore, this episode of his case was closed.

In another part of the case, Dmytro Sus was accused of misappropriating property worth UAH 814,000, namely over UAH 200,000 and USD 9,000 in cash, gambling equipment, and furniture seized from illegal casinos in Kyiv and the region. Then Sus allegedly sold slot machines, poker and roulette tables, bar stools, and other seized items for USD 10,000.

The former official was charged with Article 191, part 3; Article 191, part 4; and Article 191, part 5 of the Criminal Code of Ukraine. Dmytro Sus was sent to prison for 9 years with confiscation of all his property and a ban on holding certain positions for 3 years.

The court of appeal reconsidered the sentence and reduced the main punishment to 7 years in prison. Sus appealed this decision to the Supreme Court, and the cassation proceedings are ongoing.

  • Proceeding No.: 52018000000000267
  • Case No.: 758/6794/18
  • Incriminated: Article 191, part 5, Article 364, part 2, Article 191, part 3, Article 191, part 4, Article 368, part 4
Instance Key parties Instance /Key parties:
CCC
05/10/2023

Panel of judges: Korol V.V., Marynych V.K.

HACC AC
09/03/2023

Panel of judges: Bodnar S.B., Pankulych V.I.

HACC
11/07/2022

Panel of judges: Mykhailenko V.V., Halabala M.V.

HACC AC
16/04/2021

Panel of judges: Pankulych V.I.

HACC
25/09/2019

Panel of judges: Halabala M.V., Kryklyvyi V.V., Nohachevskyi V.V.

Lawyer: Dmytrenko D.F.

Prosecutor: Kozachyna S.S., Makar O.I.

Infographics

THE CASE OF DMYTRO SUS

Dmytro Sus, the former investigator of the Prosecutor General's Office, who was caught up in a scandal between the NABU and the PGO, appropriated property seized during searches of illegal casinos in Kyiv. He also managed to sell some of his property. For these criminal actions, he was sentenced to 7 years in prison.

  • January–April 2016
    Sus appropriated funds, gambling equipment, furniture, a video recorder, etc. seized during various searches
  • October 30, 2016
    Sus sold part of the property seized during the search for USD 10,000
  • July 25, 2017
    NABU detectives detained Dmytro Sus at Boryspil Airport
  • pic
    July 26, 2017
    the NABU served Susa with a suspicion notice of false declaration and misappropriation of property
  • July 27, 2017
    the court placed ex-investigator Sus under house arrest for 2 months
  • January 22, 2018
    the court reduced the bail of Sus to UAH 1.76 million
  • February 13, 2018
    the court took Sus in custody without bail
  • pic
    January 31, 2023
    the HACC found ex-investigator Sus guilty and sentenced him to 9 years in prison with additional penalties
  • September 4, 2023
    the HACC Appeals Chamber mitigated Sus's main sentence to 7 years in prison

Decisions from the Register

Case No. Court Decision date Decision type
758/6794/18 HACC 25/09/2019 On the appointment of a preparatory court hearing
758/6794/18 HACC AC 16/10/2019
758/6794/18 HACC 06/11/2019 On the appointment of a trial
758/6794/18 HACC 06/11/2019
758/6794/18 CCC 11/11/2019
758/6794/18 CCC 13/11/2019
758/6794/18 HACC 27/10/2020
758/6794/18 HACC 01/04/2021 Decision on closing the criminal proceedings
758/6794/18 HACC 01/04/2021 Decision on closing the criminal proceedings
758/6794/18 HACC AC 16/04/2021 On the refusal to open appeal proceedings
758/6794/18 HACC 23/04/2021
758/6794/18 HACC 23/04/2021
758/6794/18 HACC 10/06/2021
758/6794/18 HACC 10/06/2021
758/6794/18 HACC 26/10/2021
758/6794/18 HACC 04/11/2021
758/6794/18 HACC 04/11/2021
758/6794/18 HACC 04/11/2021
758/6794/18 HACC 25/11/2021
758/6794/18 HACC 09/12/2021
758/6794/18 HACC 15/02/2022
758/6794/18 HACC 12/05/2022
758/6794/18 HACC 11/07/2022 On the appointment of a trial, Decision to open proceedings on the application for revision of the verdict under exceptional circumstances
758/6794/18 HACC 11/07/2022
758/6794/18 HACC 25/07/2022
758/6794/18 HACC 10/08/2022 Decision on the implementation of remote court proceedings
758/6794/18 HACC 09/09/2022
758/6794/18 HACC 13/09/2022 Decision on the implementation of remote court proceedings
758/6794/18 HACC 15/09/2022 Decision on the implementation of remote court proceedings
758/6794/18 HACC 15/09/2022 On changing the interim measure for the accused
758/6794/18 HACC 15/09/2022 On changing the interim measure for the accused
758/6794/18 HACC 20/09/2022 Decision to open proceedings on the application for revision of the verdict under exceptional circumstances
758/6794/18 HACC 20/09/2022 Decision to open proceedings on the application for revision of the verdict under exceptional circumstances
758/6794/18 HACC 06/10/2022
758/6794/18 HACC 14/10/2022 Decision on closing the criminal proceedings
758/6794/18 HACC 17/11/2022
758/6794/18 HACC 17/11/2022
758/6794/18 HACC 31/01/2023 Decision to cancel the seizure of property, Verdicts
758/6794/18 HACC AC 09/03/2023 Opening of appeal proceedings
758/6794/18 HACC AC 17/03/2023
758/6794/18 HACC AC 04/09/2023 Decision on partial granting of appeals, On partial granting of the appeal and change of the verdict
758/6794/18 HACC AC 04/09/2023 Separate opinion of the HACC judge
758/6794/18 HACC AC 04/09/2023 Decision on partial granting of appeals, On partial granting of the appeal and change of the verdict
758/6794/18 CCC 05/10/2023 On the opening of cassation proceedings
758/6794/18 CCC 12/10/2023
758/6794/18 CCC 16/10/2023 On the refusal to suspend the enforcement of the sentence / гіпотетично може може бути й про зупинення виконання вироку
758/6794/18 CCC 24/10/2023 On the completion of preparation and appointment of the cassation hearing
758/6794/18 CCC 05/12/2023 On the opening of cassation proceedings
758/6794/18 CCC 18/01/2024
758/6794/18 CCC 12/04/2024
758/6794/18 CCC 18/04/2024 Resolution to leave the verdict and the AC decision unchanged and not grant the cassation appeal