Translated material
Chikov: The perfect trial
"Sechin put the court in a hopeless position"
Sechin most of all would like to avoid cross -interrogation in court from the defender and Ulyukaev himself. When he came up with him to substitute and hand over the FSB, the calculation was clearly on the fact that Ulyukaev would not resist, admitted, and the court would pass in a special order. He obviously had no intentions to go down from heaven to the hall of the hearing.
Sechin's tactics, obviously, consists in exhausting the court with refusals in the turnout, the calculation that the judge will not dare to apply for a drive and eventually agree to announce his testimony, data at the investigation.
However, the Code of Criminal Procedure of the Russian Federation provides for an exhaustive list of cases when the court has the right to announce the testimony of the witness, data at the investigation (Article 281).
When not appearing at the hearing of the victim or witness, the court has the right to make a decision on the application of the party or on its own initiative to announce earlier these testimonies and on the reproduction of the video or the filming of the investigative actions performed with their participation, in cases of:
1) the death of the victim or witness;
2) a serious illness that impedes the appearance of the court;
3) the refusal of the victim or the witness who is a foreign citizen to appear on the call of the court;
4) a natural disaster or other emergency circumstances that impede the turnout to the court;
5) if, as a result of the measures taken, to establish the location of the victim or witness to call at the hearing was not possible.
“Expectations of strengthening employment” among the grounds, apparently, is not. Violation by the court of this claim, given that Sechin is a key witness of the prosecution, the basis for the abolition of the sentence.
Thus, Sechin put the court in a hopeless position. The judge will have to either postpone the meetings again and again, or draw up a drive, or go to a direct violation of the law.
The perfect trial of the court.