
According to NT, the lawyer of Alexei Navalny Vadim Kobzev, the defense received the text of the appeal definition in the Yves Rocher case of February 17. Then the Moscow City Court upheld the sentence to Alexei and Oleg Navalny, considering that the actions of the convicts were qualified correctly, and the trial was carried out according to the rules and objectively. In the definition, among other things, it is also said that the accused cannot be applied to the economic amnesty of 2013, since they did not fulfill its main condition: they did not compensate for the damage to the victim (26 million rubles. Ev Rocher and 4 million rubles “multidisciplinary processing company”).
At the same time, Kobzev insists that the defense of Alexei Navalny does not achieve an amnesty, but the excuses of his client, since it is especially important to prove his innocence. But the text of the appeal emphasized that Oleg Navalny, sentenced to 3.5 years in prison, except for everything else, falls under the economic amnesty announced in July 2013, says Kobzev.
According to the Decree of the State Duma of July 2, 2013 No. 2559-6 “On the announcement of amnesty”, businessmen convicted or under investigation or court under more than 20 articles of the Criminal Code are exempted from punishment. The persecution of such persons is stopped, the criminal record is removed, but provided that they will shall be shared by the victims or return the stolen property. Those who are condemned repeatedly cannot be used by amnesty, has already been pardoned or amnestied, as well as found guilty at the same time under articles that are not included in the resolution. The list also contains article 159.4 “Fraud in the field of entrepreneurial activity”, according to which the Navalny brothers were convicted.
On December 30, the Zamoskvoretsky court of Moscow found them guilty, Alexei Navalny received 3.5 years conditionally, and Oleg - 3.5 years of the real term in the colony. Navalny consider the sentence politically motivated and intend to dispute it further.