Infinite time

The news was unnoticed that on November 23 the State Duma adopted in the first reading Dragon preparations in the Code of Criminal Procedure. The most independent and active members of society can suffer from them. And the lawyers Mikhail Khodorkovsky and Platon Lebedev believe that on new amendments, their clients can receive new terms. Especially for The New Times, lawyer Vadim Kluvgan commented on the situation.

We are talking about the repressive trend of legislation, which is not exhausted by the adoption of the law on stateizations and the return of the Law on Clutch. The amendments that I want to say about are not so resonant - they are dragged under a noise. They come from very serious subjects of legislative initiative. In one case from the government, and in two others - from the Supreme Court of the Russian Federation.

Turn to the worst

The bill, considered in the State Duma on November 23, was about the expansion of opportunities for the so -called "turn to the worst." According to the bill, it is allowed to revise the case at any stage-within the limitation period and without any other restrictions. Two bases are introduced. The first is when new socially dangerous consequences came. The second is when new actual circumstances are identified that give the grounds to be charged with a serious crime.

Let's imagine: the person was robbed, the thief was convicted of theft or for fraud, he left for the punishment, and was freed. And the victim suddenly took and took his life and left a note that he still could not recover from the shock and damage that he was caused by the theft or the fraud. Is this a new socially dangerous event or what?

Now the law has quite limited possibilities for "turning to the worst." But now, if the amendments are adopted, then the possibilities of such a turn will not be limited by anything. In the proposed edition, new socially dangerous consequences are all that the comrades in uniform and in mantles will be called socially dangerous consequences. In relation to any business.

Without jury

Another bill was introduced on November 6 by a resolution of the Plenum of the Supreme Court. This project is reduced to the jurisdiction of criminal cases. All matters except those by which the death penalty or lifelong imprisonment can be appointed are transferred to the district courts. What does it mean? This means that that conveyor in district courts is additionally loaded with the most difficult cases. The conveyor will work even faster, even more soulless, even more mechanistic. And in the district courts we have a percentage of justification, according to the official statistics of the judicial department, is 0.2%over the past year. If we consider that a third of the acquittals of the district courts is canceled in cassation, we get 0.13%. Add here this category of matters of the most complex and voluminous.

As we know, the participation of jury in us is possible only in the courts of the regional level or equal to them. This means that in the competence of the jury, only cases of intentional murders with aggravating circumstances will remain. Because there are no other things where there may be life imprisonment. All other defendants will not have any chances of accessing justice with the participation of a jury. And in the jury, we have an excuse from 15-20%.

Eternal organized crime group

Among the cases transferred to the district level, the famous article 210 of the Criminal Code of the Russian Federation is an organized criminal community. As you know, any economic business always contains a sign of embezzlement as part of an organized group. It is clear why this is done. Entrepreneurial activity is essentially an activity that is carried out in organized forms: company, in it employees, accountants, etc. But today, an organized group is not a separate crime, it is within the framework of the charge of embezzlement, for example. Now the 210th article of the Criminal Code of the Russian Federation comes to the district courts, which means that it leaves the jury. That is already an independent, separate charge-it is up to 20 years in prison. And it, among other things, is not an economic nature, which means that it does not apply to pre -trial arrest. And what happens? It turns out that entrepreneurs must be prepared for the fact that they will not be accused of embezzlement in an organized group, but of creating a criminal community and only then in theft.

Law enforcement bacchanalia

Now let's pay attention to the amendment proposed by the Supreme Court back in April. There is Article 159 of the Criminal Code of the Russian Federation - an article on fraud, famous for its dimensionality for use. In addition to this article 159 of the Criminal Code of the Russian Federation, six more points are proposed, which provide for liability for varieties of the same fraud in various fields: investment, Internet sector, etc.

The Supreme Court says that he wants to differentiate and clarify the application of Article 159, but these new articles contain a huge number of vague, foggy criteria, by which the presence of a crime will be determined. Imagine what a bacchanalia awaits us! The investigator wants - he will choose a traditional “fraud”, but he wants to - he uses in any combination.

Suppose an entrepreneur was convicted of some new type of fraud, for example, in the banking sector. He departed a term, comrades come to him in uniform and say: “You know, but here we have new circumstances revealed. In fact, you turns out to have committed such and such a type of fraud, and even at the same time-such a bunch of crimes. So you had an organized criminal community. Here is a new accusation on the basis of new circumstances, here is an article 210. ”

Now, on registered matters, they are afraid to make an article in the 210th article, because so far such cases can be listened to the jury by the jury. And in the courts of jury they do not have full control.

The statelit of repression

We are not dealing with the proposals of any exotic deputies. Amendments to the legislation are initiated by the Supreme Court, and this means that we are talking about the implementation of state policy.

These amendments must be considered together, because they will be applied.

All these three bills are aimed at expanding space for arbitrariness. This is done so that at any moment any person who will be defined as a victim, as objectionable, could be subjected to the most severe repression as possible - as easier as possible and with a minimum number of obstacles.

Who can suffer the most from these legislative short stories?

It turns out that the most active segments of society-entrepreneurs, civil, political and non-political activists who are trying to do something and achieve any socially significant goals. Obviously, these groups of people are considered by the authorities as a kind of danger, also because they become more and more organized.