Virus on the bench of the defendants

The Moscow City Court is not counted with quarantine

The opening of the day: the chairman of the Moscow City Court Olga Aleksandrovna Egorova is not going to reckon with the real epidemiological situation in the capital. Her by the by -laws of Sobyanin is not a decree. How else to explain that on Monday the case of the Seventh Studio was supposed to be considered, and on Tuesday the next hearing in the “new greatness” was scheduled?

Events in the philistine court developed (from the words of lawyers) as follows: Dmitry Kharitonov provided a certificate that his client Serebrennikov was sick with asthma. It says: “In connection with the presence of the disease specified in Appendix 5 to the Decree of the Mayor of Moscow dated April 10, 2020 p. 42-UM (asthma qualified in accordance with the ICD-10, according to the diagnosis of J45), to oblige the self-insulation mode from April 12 to May 1, 2020.”

The abbreviation of the ICD means the international classifier of diseases; From asthma Serebrennikov began to be treated in 2016, there is a history of the disease. But Judge Olesya Mendeleeva read the certificate and issued a verdict:

In court, quarantine measures, a list of diseases and the instruction of self -isolation do not work, you need a ballot.

In another accused, Alexei Malobrodsky, diagnosed coronary heart disease, angina pectoris, and stage III hypertension. He is also at risk.

- I can't be here at all! - said lawyer Irina Porovinova. - I am 66 years old.

- And look at 64! - the judge joked smartly.

There was no mask and gloves on the judge, there was no mask - we will clarify: protective, medical - and at the prosecutor of Reznichenko. There was only a determination - "to consider as soon as possible."

Recall: the case of the Seventh Studio in May will be three years old. It “crawled” in the spring of 2020 for the following reasons: on December 16, the prosecutor filed a petition for the third examination (the previous one did not arrange, there was nothing to rely on the charge); On December 19, a court ruling on the appointment of an examination and selection of experts was issued; On January 21, the judge chose two candidates from the list presented to her, on March 19 was ready to announce the contents of a new examination, but the meeting was postponed: Yuri Itin was in quarantine - her daughter returned from Italy.

Over the past month, the epidemic has become the fact of the country's life, and in the text of the examination, the evidence base and materials of the court did not change. Nothing that would justify the haste of the court.

It seems that the letter that the deputy chairman of the Moscow City Court Dmitry Fomin sent to all the chairmen of the district courts of the city of Moscow on April 10, the number 405-321 has one goal: in the absence of publicity and under quarantine-pandemic noise, while civil society is in total isolation, to consider cases that cause particularly acute attention. We quote this document: “... I propose from April 13, 2020 to take measures to consider criminal cases on the court in 2019, criminal cases considered in accordance with Art. Art. 396, 397 of the Code of Criminal Procedure of the Russian Federation, as well as other materials, the consideration of which does not imply violations of safety measures taken due to the threat of coronaviral infection. ”

The articles of the Code of Criminal Procedure mentioned by Fomin relate to issues related to the execution of the sentence. But in the case of the "seventh studio" before the sentence is still short

- What is the reasonable “consideration that“ does not suggest ”?!

Simple arithmetic of the Serebrennikov process, Apfelbaum, Malobrodsky, Itina: four accused, four lawyers, two prosecutors, two bailiffs, judge and secretary of the court. In the absence of publicity and representatives of the Fourth Power, 12 people come out.

Even simpler arithmetic in the “New Greatness” case - there can be about 30 people in accordance with the number of accused in the hall.

Summary: the current position of Moscow ministers of justice is not just cruel - dangerous. It does not violate the letter, but the spirit of the law.

On Monday morning, in the Meshchansky court, one ballot was present: it was presented by lawyer Ksenia Karpinskaya. As a result, the court decided to transfer to ... April 20.

So what is happening in the capital, where ministers of justice ignore security measures and seemed to decide that the virus will also be able to sit on the bench?

And who is a supreme expert for the chairman of the Moscow City Court here? Olga Egorova does not hear the pleas of doctors, does not count with the decrees of the mayor, does not take into account the presidential orders.

On Monday in Moscow there were two and a half thousand again infected; You can’t leave the house, it is also impossible to travel around the city in general, you can’t enter the temple on a passionate week - but you can be convicted.

Well, how can one not recall the court, which, to see, are not afraid in the Moscow city. There will be no opportunity to transfer it.