Loud processes of the week

I forbid you to call and write!

A new measure of restraint will appear in the Code of Criminal Procedure

Last week, the Federation Council approved a law amending the Code of Criminal Procedure with a new measure of restraint - "prohibition of certain actions." Under the new law, the court may, inter alia, prohibit the suspect or the accused from leaving the house at certain times, being in certain places, communicating with certain persons, sending and receiving mail, using communications and the Internet, and driving a car.

The Federal Penitentiary Service should monitor compliance with the prohibitions. As an exception, the suspect or the accused should be able to call an ambulance or the police, emergency services and the Ministry of Emergency Situations, as well as to communicate with the investigator, the interrogator and the supervisory authority.

The duration of the bans will depend on the severity of the crime. So, for crimes of small and medium gravity, such measures can be established for up to a year, for grave crimes - up to two years, for especially grave crimes - up to three years. This will be assigned upon release on bail or house arrest. In case of their violation, the court may change the measure of restraint to a more stringent one.

The new measure of restraint is logical and necessary, but it is unlikely that it will be actively applied, according to the majority of lawyers interviewed by Novaya Gazeta. The main reason is the impossibility of the Federal Penitentiary Service to exercise widespread control over everyone in respect of whom such a measure will change.

Vladislav Varshavsky, managing partner of the law firm Varshavsky and Partners:

— This measure will not be widely used, as it is very difficult to monitor compliance with it. It is impossible to assign an inspector to every citizen.

Pavel Tereshchenko, lawyer of the Krasnodar Regional Bar Association:

- In addition to electronic bracelets and traffic meters, additional measures will be required to control the restrictions imposed on the citizen. In general, it will not be possible to fully implement the law without modernizing the services responsible for the execution.

Alexander Telegin, lawyer of the Moscow Bar Association "Right Cause":

— There are 7 measures of restraint in the Criminal Procedure Code today. But only 2 of them - detention and house arrest - really impose restrictions of various kinds on the person under investigation. A recognizance not to leave is often perceived as just a formality. After all, this does not prevent the person involved in the criminal case from visiting entertainment establishments or even calling witnesses and victims for various purposes, including intimidation.

And there was nothing that could be done legally. That is why the idea of ​​such a measure of restraint was born. Most likely, it will be quite widespread. Especially in terms of the ban on communication with certain persons.

Gleb Plesovskikh, lawyer:

- Innovations are generally positive: the introduction of another measure of restraint, not related to deprivation of liberty, is undoubtedly a plus. But a number of questions remain on the organization of control and supervision of citizens in respect of which such a measure of restraint will be chosen. The load on the divisions of the Federal Penitentiary Service will undoubtedly increase.

Roman Logvinchuk, lawyer:

The need for this measure of restraint is long overdue. The fact is that the measures of crossing, which are associated with placement in custody, automatically entail all other maximum possible restrictions. For example, the accused, the prisoner is limited in sending postal correspondence and using telephone communications.

At the same time, the person under investigation, to whom a written undertaking not to leave, can freely communicate with witnesses and victims in his case, and there are no legal grounds to restrict him in these rights under this measure. Well, except to place him in custody or house arrest. But pre-trial detention centers are already overcrowded, and for crimes of minor gravity, it is only possible to place an accused in custody in exceptional circumstances.

I think that these contradictions will be removed by a new type of preventive measure - restrictions and prohibitions on certain actions. Most likely, for those offenses where arrest is not provided for or cannot be applied, such a measure will be widely practiced.

Vera Chelishcheva,
"New"

Where, whom, why

Dmitriev case

The prosecutor's office appealed the decision of the Petrozavodsk city court, which acquitted the head of the Karelian "Memorial" Yury Dmitriev on charges of child pornography.

“The appeal was sent in connection with the inconsistency of the conclusions of the court, set out in the verdict, with the actual materials of the case. In addition, the prosecutor considered that a number of provisions of the criminal procedure law had been violated, ”the website of the prosecutor’s office reports.

On April 5, the court acquitted the historian under articles on the production of pornography and indecent acts. The re-examination confirmed that the historian photographed the girl without clothes to control her physical development for a custody report - for medical purposes, there is no pornography in these photos. Dmitriev was sentenced to only 2.5 years of restriction of freedom under the article on illegal possession of weapons parts.

Dmitriev also took into account the time that the historian served in a pre-trial detention center, as a result, the term was reduced to three months of restriction of freedom. The prosecutor's office asked for nine years in a strict regime colony for Dmitriev.

The Case of the False Professor

The justice of the peace of court district No. 77 of the Sokol district found 40-year-old Lyudmila Simanovich, the former head of the department of the law institute of the Moscow Academy of the Investigative Committee of the Russian Federation, guilty under part 3 of Art. 327 of the Criminal Code of the Russian Federation (use of knowingly false documents). In October 2016, Simanovich acquired fake diplomas of a candidate and doctor of legal sciences, certificates of an associate professor and professor in the specialty "Jurisprudence". After that, the woman got a job at the law institute of the Moscow Academy of the TFR. After it turned out that the diplomas and certificates were fake, the teacher was fired from the university. Simanovich pleaded guilty. The court sentenced her to a fine of 30,000 rubles. According to media reports, the “professor” lectures at five more universities and has written more than 80 scientific articles, including the “Teaching Ethics Code”.

Case of torture

The Sverdlovsk Regional Court overturned the decision of a lower court that placed police officer Yegor Yalunin, accused of beating a detainee to death, under house arrest. Earlier, the Dzerzhinsky District Court of Nizhny Tagil transferred the three policemen accused in this case to house arrest.

According to investigators, in September 2017, in department No. 17, policemen beat detainee Stanislav Golovko in order to get him to confess to the theft. Doctors recorded traces of 26 blows on his body. Golovko also had nine broken ribs, a broken frontal bone in three places, and shattered fingers and toes. The man died from his injuries in the hospital.

The police officers did not admit their guilt, and one of them said in court that Golovko had inflicted bodily harm on himself.

Potkin case

Nationalist Alexander Potkin, who gained fame as the leader of the DPNI (recognized as extremist and banned), after 3.5 years in prison, was transferred to house arrest.

In October 2014, the Tverskoy District Court arrested a nationalist who was then accused of legalizing illegally obtained property of the Kazakh BTA Bank. Subsequently, Potkin was also accused of inciting hatred, public calls for extremist activities and the creation of an extremist community.

The Meshchansky District Court in 2016 sentenced him to 7.5 years in prison. The Moscow City Court reduced the sentence to 3.5 years in prison, which expired on April 13.

The case on the legalization of the property of a Kazakh bank has been separated into a separate proceeding, and it is on this case that Potkin is now under house arrest.

Vera Chelishcheva, "New",
OVD-Info,
"Mediazona"