Lawyers for the former operative of the Department for Combating Economic Crimes (OBEP) of the Internal Affairs Directorate of Lyubertsy near Moscow, Maxim Subbotin, filed a supervisory appeal to the Presidium of the Supreme Court against the verdict, according to which the ex-policeman received 15 years in a maximum security colony in the case of fraud and criminal association, reports Team 29 "with reference to lawyer Ivan Pavlov, who entered the case after the verdict was pronounced in 2014.
Defenders demand that the verdict of the Moscow District Military Court and the appeal ruling, which reduced Subbotin’s sentence to 14 and a half years, be overturned. Lawyers point to a large number of violations and intend to seek a new trial of the case.
“The list of jurors in the case was drawn up in violation of the norms of criminal procedure legislation, pressure was put on the jury, the judge hearing the case made significant violations - for example, he commented on the testimony of the defendants, indicating that the defendants were misleading the jury,” the Team quotes 29” by lawyer Pavlov. In addition, Subbotin’s defenders were removed from the hearings, and the defendant himself was removed during the debate and during his final speech.
“All these are gross violations that prevented the jury from reaching a fair verdict in the case. Now, complaints have already been filed with the ECHR regarding Subbotin’s case, some of them have been communicated,” the lawyer notes.
In 2014, the Moscow District Military Court, based on a jury verdict, sentenced 11 security officials and entrepreneurs to suspended and real terms, finding them guilty of fraud (Part 4 of Article 159 of the Criminal Code) and creating a criminal community (Article 210 of the Criminal Code). Subbotin received the longest sentence, although he was not charged with all episodes from the case. He himself denied guilt. At the same time, his former colleague Alexey Kanaev, whom the investigation called the organizer and leader of the criminal community, received a suspended sentence. He confessed and testified against the other defendants.
Subbotin insists on his innocence and falsification of the criminal case, admitting that the FSB's own security department could thus prevent the prosecution of a person who brought smuggled goods into the country. Instead, the police officers who detected the smuggling were accused of fraud with the goods of entrepreneurs, allegedly imported legally, follows from the defense position.
Subbotin's lawyer told Mediazona that Oleg Feoktistov, who at that time held the position of first deputy head of the FSB's internal security department, may be connected with this case. In the same 2011, when the case of the Lyubertsy policemen appeared, General of the Ministry of Internal Affairs Viktor Sysyura mentioned Feoktistov as one of those involved in his arrest in a smuggling case, which was then dropped.
Mediazona spoke with the jurors, who spoke about the pressure on them during the trial and the removal of jurors who doubted the guilt of the defendants, and also shared their views on the charge and verdict. After the trial, some jurors appealed to the presidential administration and the Prosecutor General's Office, reporting pressure, but the Supreme Court did not take this into account when considering the appeal against the verdict.