
Photo: Alexey Dushutin / "New Gazeta"
The bill on the addition of the Code of Criminal Procedure of the Russian Federation is submitted to the State Duma by their colleagues from the Legislative Assembly of the Chelyabinsk Region. It is interesting that this “elegant” idea was born as an initiative from below-that it did not come through the state-legal administration of the AP, may indicate some legal sloppiness of the structure: the lack of a necessary link not only to the Code of Criminal Procedure, but also to the Criminal Code of the Russian Federation.
The project proposes to introduce in the Code of Criminal Procedure of the Russian Federation Article 25.2, which with a special reservation will repeat the logic of Article 26 of the Code of Criminal Procedure -
allowed the court or investigator to terminate the criminal case “in connection with the change in the situation”,
If the crime was assigned to the category of small or medium severity, and the defendant who had to file a statement about this was no longer represented by a public danger (for example, special treatment from drug addiction or alcoholism).
The Chelyabinsk lawyers are proposed to be supplemented with an indication of a special basis:
This is by no means “amnesty”, as not the most competent journalists hastened to christen the project: amnesty is accepted in the form of a law and concerns crimes, which, as a rule, have already been committed before its entry into force, and the project, on the contrary, is designed for the prospect, and
The decision on exemption from liability will not be made by the Duma by categories, but a judge or investigator on an individual basis.
Under the category of crimes of minor gravity, Article 15 of the Criminal Code of the Russian Federation classifies the maximum punishment for which does not exceed three years in prison, up to 5 years or up to 10, if this crime is committed by negligence.
Thus, those who will be caught on insignificant thefts and robberies, as well as those detained under part 1 of the “popular” of Article 228 of the Criminal Code: “illegal acquisition, storage, transportation, processing or manufacture of narcotic drugs without a sales purpose, will be able to ask about sending to the areas, if the volume of these funds is not large or especially large.”
The danger of Chelyabinsk initiative is that the "law enforcement agencies" will turn into military commissariats:
In fact, they may be and will probably be launched for the capture of such persons and their recruitment for military service. How these our organs are able to falsify things under Article 228 of the Criminal Code is well known, but the main thing will be - not to overdo it and not make a mistake with the size, otherwise instead of sending to the front you will have to investigate the case and simply put it.