The criminal case against Alexander Byvshev has been terminated

SK stopped the persecution of the Oryol poet under Art. 280 and 294 of the Criminal Code, and the court - under Art. 282 of the Criminal Code.

In October 2019, it became known that the persecution of the poet Alexander Byvshev under three criminal articles was stopped in Orel. The cases on them were combined into one proceeding, which had already been terminated earlier and started again .

Persecution of Byvshev under Part 2 of Art. 280 of the Criminal Code (public calls for extremism on the Internet) was associated with the publication of the poem "Dedicated to the expansion of NATO to the east." The reason for initiating proceedings under Part 1 of Art. 294 of the Criminal Code (obstruction of justice) was the "disclosure" by the poet of information about the course of one of the previous trials. On October 3 and 5, respectively, the Investigative Committee terminated the proceedings on these cases due to the absence of corpus delicti.

Criminal case under Part 1 of Art. 282 of the Criminal Code (inciting hatred) was initiated in connection with the publication on the website "Orlets" of Byvshev's poems "Russian Spirit" and "Mighty Heap". In August 2019, after a series of terminations and resumptions, the case was transferred to the Kromskoy District Court of the Orel Region, which dismissed it on October 29 due to the decriminalization of the article of the charge.

In our opinion, Alexander Byvshev was charged under all three articles without proper grounds.

Recall that in 2015 Byvshev was convicted under Part 1 of Art. 282 of the Criminal Code for the publication of the poem "Ukrainian Patriots". The complaint against this verdict was accepted for consideration by the ECtHR and communicated . In 2018, he was also convicted under the same article again - for the poem "On the Independence of Ukraine."

On December 26, 2019, it became known that Byvshev was excluded from the list of those involved in extremism and terrorism by Rosfinmonitoring, although on December 5 the court refused to remove him from the list and Byvshev was preparing to appeal this decision.

Sources

• Case card No. 1-1-58/2019 // Kromskoy district court of the Oryol region. October 29, 2019
• The court stopped the criminal prosecution of the Oryol poet Byvshev for political poetry // MBKh-media. October 29, 2019
• Daniil Kuznetsov. Poet from Oryol region Alexander Byvshev was excluded from the list of extremists of Rosfinmonitoring // 7x7. 2019. December 26.