"You can’t have a pardon to execute"

Where will the comma judge Danilkin put

If an acquittal is acquitted , according to Robert Zinoviev, a member of the Council of the Russian Law Chamber, will hope for rehabilitation. “But it’s hard to believe that the prosecutor Valery Lakhtin, whom I personally know, will reconcile with such a sentence, will not protest him,” Zinoviev fears. - If the acquittal enters into force, then the defendants will have the right to rehabilitation. Firstly, the same Lakhtin will have to apologize on behalf of the state. Then Khodorkovsky and Lebedev may require compensation for moral and material damage - for the loss of work, finding detention, spending on protection, and compensation are made at the expense of the state, from the treasury. ” “In the event of an acquittal of the sentence, the defendants will go to serve the deadline for the previous case,” says a federal judge in retired, one of the authors of the Jurisdiction Law Sergey Pashin. “At the same time, according to the explanations of the KS, even a partially justified person has the right to partial rehabilitation and compensation.” “As a person who is leading in Russia, I know that we can’t pass acquitting sentences,” says lawyer Dmitry Agranovsky. “The system is built in such a way that an acquittal is an emergency, a problem for everyone, sometimes for the client.”

"Circular bail"
Rather, pessimistic and defenders involved in the process. Khodorkovsky’s lawyer Vadim Kluvgan believes that it is impossible to predict the further course of the case due to the fact that “in this process nothing is determined by law and common sense.” “The judge had to send the charge from the threshold to where it came from those who brought it. Naturally, there can be no other decision as an acquittal, the collapse of the accusations of the complete and shameful. ” He is echoed by Konstantin Rivkin, Platon Lebedev’s lawyer: “It's great, of course, that people of this level come and say good words, but I still do not see any real actions. We recently extended the term of detention in the custody of the changes that President Medvedev initiated. Here are real actions for you, here are the real words to you. ” “Law enforcement officers have an iron rule - not to substitute each other. This is a testimony of circular bail, ”Robert Zinoviev confirms. - In the best case, Viktor Danilkin, and I also have known him for a long time, he is a native of the cops, a writ of executive screw, will read the period that has already been served, pleads guilty with the possible exclusion of one of the crime. This is a hidden form of excuse. Once, one of the judges of the first instance of Moscow said to me: “Robert Yuryevich, you are right, but I can’t justify your client-I do not want to work on a vegetable base.” “The prosecutor may refuse part of the prosecution,” Lviv’s lawyer suggests. - For example, in the case of the eastern oil company, the statute of limitations expired. Exactly on this basis, a request was stated and eventually satisfied the request for the closure of a criminal case against Aleksanyan . Theoretically, the prosecutor can do this. ”

Search for a compromise?
“I think that the process will end with some kind of compromise,” Dmitry Agranovsky thinks. - For example, an increase in a new, but short period to an existing one - 3-6 months. Both the person was not stabbed, and the face was preserved: formally, the sentence, in fact, is actually acquittal. ” Political scientist Stanislav Belkovsky is even more concern: “Two options: a conviction of 7-8 years or a conditional term, or the termination of cases on non -rehabilitating grounds. That is, for example, the case of the Eastern Oil Company behind the expiration of the statute of limitations. Today, Judge Danilkin has no direct instructions, but I am sure that he will not make a decision without receiving them. He receives instructions from the chairman of the Moscow City Court Olga Egorova. According to my sources, she is configured for a conviction. But if the chairman of the Supreme Court Lebedev formulates a different message, then the whole picture will change, and for this he must receive the corresponding signal from above. ” Even if the leadership of the country did not make the final decision on the results of the process, lawyers consider the appearance of Herman Gref and Viktor Khristenko in court a good signal. “It is clear that Gref and Khristenko did not just come,” says Agranovsky. “Since these people came, since they gave such evidence, it seems to me that this is a fracture,” said The New Times and Elena Lvova.

"Sit and will sit"
However, many lawyers believe that the authorities will not compromise. “As they were sitting, they will sit,” Tamara Morshchakova, the judge of retired Constitutional Court, is sure. “It's all about it, so that God forbid not to let go - the deadline approached conditional liberation.” “My forecast: they will sit until the current government is in the country,” Larisa Move's lawyer agrees. “If it is necessary, then the indictment will simply be reprinted, and the“ wrong ”testimony will be considered by the court skeptical.” “In all controlled processes, they do not pay attention to evidence at all,” says Ruslan Koblev. - From the fact that it is Khristenko, not Pupkin, nothing will change. The status of a witness does not bear additional evidence. Nothing will prevent the court from pronouncing a completely absurd sentence of guilt. ”

Ekaterina Bazanova took part in the preparation of the material