Dadin to suffer for a long time: the Constitutional Court adjusted 212.1 of the Criminal Code

On February 10, the Constitutional Court made a decision on the complaint of activist Ildar Dadin, convicted of repeated violation of rallies (Article 212.1 of the Criminal Code). The court recognized the contested article to constitutional, but obliged the legislators to amend it, and Dadin’s criminal case to send for a new consideration.

The Constitutional Court said that criminal liability for violations at public events should be comparable to the public danger of an act. According to the court, if a violation by the person of the organization or holding of mass shares (and by that time, three times in 180 days brought to administrative responsibility) was not socially dangerous, but it was unlawful only formally, such a violation does not imply criminal liability.

The Constitutional Court ruled that a prerequisite for the application of 212.1 of the Criminal Code is the court’s decision on the imposition of an administrative punishment.

To prosecute criminal liability under Art. 212.1 of the Criminal Code of the Russian Federation, the court must also prove the presence of an intent to violate the established procedure for the organization or conducting peaceful public events. The facts of administrative offenses established during the consideration of cases of administrative offenses cannot have unconditional recognition in criminal proceedings, which is not exempted by the court from their complete and comprehensive study in the proceedings of the criminal case

- Rapsey quotes the court ruling. At the same time, the article itself was recognized as a consistent constitution.

Article 212.1 was submitted to the Criminal Code in the summer of 2014. It provides for a punishment of up to five years in prison for the “repeated violation of the established procedure for conducting public events, namely, for the corresponding violation in the presence of three decisions under Article 20.2 of the Code of Administrative Offenses for six months.

Ildar Dadin was sentenced to two and a half years in a general regime colony on charges of "repeated violations of the procedure for public events."

“Ildar will be dissatisfied with the decision, despite the fact that it entails a revision of his case. The court did not recognize Article 212.1, ”his lawyer Ksenia Kostromina told the OVD-info.

At the same time, according to her, the Constitutional Court agreed with almost all the provisions of Dadin’s complaint - with the exception of the universality of this article of the Criminal Code and the illegality of the double punishment for the same act.

“The decision of the Constitutional Court is not subject to appeal, we already have a complaint to the ECHR. Further, we will turn to the chairman of the Supreme Court so that he will bring an idea in the name of the Presidium on the resumption of proceedings. At a meeting of the Supreme Court, we will talk about the cancellation of all decisions in the case of Ildar, ”Kostromina explains.

How much more to sit, the lawyer is at a loss.

“The Constitutional Court admitted that the case against Dadin could not be initiated in principle, and, nevertheless, until we get this decision on our hands - and it will be sent to us by mail - we cannot file a petition with the Supreme Court to the chairman of the Supreme Court. And then it will pass for some time until the presentation of the Presidium was issued. It must be considered within a month. You can’t do anything about it, ”the lawyer notes.

“The decision of the Constitutional Court is bad,” said Kirill Koroteev, lawyer of the Memorial human rights center.

-To explain the unconstitutionality of 212.1 of the Criminal Code, three to five pages are enough, and the judges wrote forty-three. They wrote a bunch of exceptions to the article, which, in fact, are complex and evaluative in application. The decision of the CS complicated, but did not exclude the further use of 212.1 of the Criminal Code. ”

Koroteev explained to the OVD-Info that the Presidium of the Supreme Court may not immediately terminate the Dadin case, but to send it for a new consideration. Theoretically, in this case, he can change the measure of restraint and release. Dadin will probably spend three to five months behind bars, and it is not a fact that thanks to the decision of the Constitutional Court he will be released ahead of schedule.

If Dadin’s case is sent for a new consideration, it is likely that it will not end with an excuse.

“Have you seen a new process for Kirovles? It will be the same. Maybe more police officers will interrogate who will tell you about some chop of dental enamel, ”Koroteev suggests.

The fact that they started the case before the entry into force of administrative sentences for pickets will be tried to bypass that at the time of the sentence they had already entered into force.

“Dadin will have to suffer for a long time,” Koroteev summarizes.