Translated material
Moscow roulette
It seems that the participants of the "mass riots" are judged by the generator of random numbers: the sentence to Danila to the fugitive is left unchanged
Danil the fugitive in the near future will be transferred to the colony - for 2 years his wife will be left alone with two young children. The Moscow City Court was defended by a complaint of the defense of the sentence. The special procedure for the consideration of the case that the fugitive has allowed to continue to appeal to the Supreme and Constitutional Courts, but this will be only a matter of severe punishment, and not disputing the circumstances of the case. All due to the fact that the investigator and acquaintances of the lawyers scared the fugitive for the maximum term if he did not plead guilty. The court did not consider evidence, including the video, and no one - neither the judge nor the prosecutor could evaluate what the defendant was actually harmful to the police officer to the business meeting.
Danil's wife Diana drives up to trial on a white car - it is written on her “free fugitive Danila”, and on the back glass the poster “I/we Danil the fugitive. He pulled the policeman by the sleeve. 2 years in colony. "
In front of the gate with a single picket is the former defendant in the Moscow business Alexei Minyailo - “Belet God. Free the fugitive. "
This meeting was primarily remembered by a huge number of people at the audience and the absolute indifference of bailiffs to the emotions of the relatives of the accused after the announcement of the decision of the judge.
The judge at this meeting is Elena Ivanova. And this is another coincidence between the affairs of actor Pavel Ustinov and entrepreneur Danil the fugitive. In addition to the fact that both defendants in the “Moscow case” were at the rally by accident, Svetlana Kozhekin performed in the Tver district court for their cases. Now - the same judge for appeal. But how many lawyers of the fugitive, Stanislav Rybchinsky and Ilnur Sharapov, or pointed to the court to parallel with the case of Pavel Ustinov and the prescribed conditional term - their arguments eventually ignored the court.
The fugitive participated in a meeting on the video. Ivanova invited him to sit down, but he refused and remained standing. He coughing periodically - not so long ago as Danil himself said at the previous meeting, he had pneumonia.
“I have repeatedly said that it was possible to terminate the criminal case with a judicial fine,” the lawyer Stanislav Rybchinsky insisted during the debate (one of the defenders who convinced the fugitive to take a special procedure for considering the case and admit guilt). - I ask the court a little to move away from a certain public tension around this process. Approach objectively, humanly.
The lawyer of the Agora Ilnur Sharapov also asks, if he is sentenced, then not in the form of real imprisonment: “Earlier, he was not prosecuted. There is no need to correct it. ”
Why did lawyers in their speeches only spoke about the characterization of the personality of the fugitive? About how he provides his family, pays for treatment to his son, also financially helps mom. This is another feature of the special procedure for considering the case. Within the framework of a special order, only those arguments that relate to the characteristics of the personality, but not actual evidence collected in the case are investigated.
And there were actual evidence. At least the video, in which the fugitive supposedly "preventing the detention of the offender, grabbed the ensign Nikitin by the wrist of his right hand, squeezing heavily, and pulled it to the side, thereby causing pain." In fact, it is still not even clear whether the fugitive is on the video - yes, he is in the same clothes in which he sits in the “Tverskaya” police department (a white sweater with a hood), but Danila’s wife doubts that it is exactly he. On Danil's right hand, brightly exposed red spots, but they are not on the video.
The lawyer of the Agora Ilnur Sharapov informed the “New” that the fugitive did not see this shooting due to a special order, so it would not be able to confirm whether he could not confirm this.
Another thing is that even if the video is still Danil the fugitive, you can clearly evaluate whether this act deserves two years in prison. Four police officers detain two guys - they are both almost on the ground, but they continue to wring them. Presumably, the fugitive runs up to the police and grabs one of them by the sleeve, thereby pulling his hand, as if removing it from the detainee. The police officer, casting a glance at the fugitive, calmly continues the detention, still using the allegedly damaged “pulled” hand.
“Dear court, my actions were spontaneous, they were due to the actions of the police,” the fugitive appeals to the court in the debate. - This, of course, was my strong mistake. But this was not done on purpose. I came to the city center to meet with a friend at work. I do not deny that I caused the police officer. I repent of this. I did not want him to hurt. Dear court, I have two young children in dependency. Wife is very difficult now. My son has a foot problem. Dear court, please do not impose me a punishment in the form of real imprisonment.
Diana sits in the front row and does not look away from her husband on the screen, in her eyes her tears. I can hear how the mother of Danila Lyudmila Vasilievna is crying quietly on the next bench.
All 10 minutes that the judge spends in the deliberative room, Danil and Diana look at each other. “The verdict of the Tver District Court is left unchanged. Appeal complaints are not satisfied, ”Judge Ivanova reads in an even tone. Diana approaches the bailiff and asks him for permission to talk with her husband, he forbids.
Danila’s mother Lyudmila Vasilievna cries in her voice and raises her hands to the screen, from where Danil looks at her. "Son, free your son ... Danechka, son ... Give me my son."
She passes by the judge of Ivanova and turns to her, folding her palms as in prayer. The bailiffs ask relatives to take the woman out of the audience. Lyudmila Vasilievna sees in the corridor of Daniil Konon (the former defendant of the “Moscow business”), hugs him tightly, gets into his jacket and through tears “Danishchka, like my son ...” bailiffs cursing to relatives and journalists that they continue to crowd in the corridor for so long. One of the bailiffs says that the woman will calm down now, because “someone sits on life, and [the fugitive] The main thing is that he is alive and well”, raising her voice, demands that the fugitive’s mother “does not violate public order”. Lyudmila Vasilievna drip sedatives and, supporting on both sides, lead into the street for fresh air.
The lawyer of the Agora Ilnur Sharapov said that while the defense has no plans for further stages of appeal. The head of the “Apology of Protest” Alexei Glukhov told “New” that even when the fugitive’s guilt, the right to appeal to the Supreme and Constitutional Courts remains. However, only the question of the severity of the punishment can be called into question:
-The Code of Criminal Procedure [the Criminal Procedure Code] directly prohibits the review of such decisions (if nothing extraordinary has happened) in its essence-proving that the crime is not committed and so on.
That is, to challenge what real harm the fugitive caused Nikitin and the fact that he did not go to the action, but simply passed by - it will not be possible.
If only in the case there are no serious circumstances that could affect the revision of the decision. As for the possibility of contacting the ECHR, everything is not so clear here:
“I think that it will definitely be impossible to talk about article 6 of the Convention (“ The right to fair and public trial ”),” Glukhov continues. - The defendant agreed with the accusation and the volume of evidence, the investigation as such was not. The severity of punishment is a separate subject for consideration in combination with Article 11 of the Convention (“right to freedom of assembly”). [Was it legal] to attract a fugitive to real deprivation of liberty, when statistics say that under such conditions it is impossible to get real imprisonment? Only conditional or fine.
After the trial, in front of the building, Vlad Barabanov and Alexei Minyailo will stand in the pickets. They will be detained without explanation for the “shame” posters. Diana, sitting in a car next to the car carrier, signals for about a minute. At home, Diana and their dad are waiting for four -month Alice and two -year -old Alyosha.