Durov was released on bail. What now?

The French lawyer briefly explains that he is waiting for the founder of Telegram in the near future

After four days of arrest in Paris, the founder of Telegram Pavel Durov was released on bail, now he is forbidden to leave the territory of France. The court made charges against him on six points, but questions about the further development of the case remain open. What punishment threatens Durov and how much the investigation will last is still incomprehensible.

The French lawyer, member of the Law Committee of “Reporters without Borders”, Benois Wet told the “New Evrop” how the business could develop and what are the features of its investigation in France.

Accusations

Pavel Durov is charged with:

• conspiracy to manage the online platform in order to make illegal transactions;

• refusal to provide information or documents at the request of authorized bodies for legal listening;

• Combination in offenses by providing access to Telegram users who distribute child pornography, trading drugs, as well as fraudsters and other criminals;

• laundering income from criminal activity as part of an organized group;

• providing cryptographic services without declaration;

• import of crypto tools to ensure confidentiality without preliminary declaration.

In addition, Durov will need to demonstrate that his company actually collaborated with the French authorities. As Wet notes, it will be difficult to prove innocence, since the head of Telegram himself stated that he avoids interactions with any officials. There is a high probability that on this point it will be found guilty.

The most difficult thing for the state prosecution will be an attempt to prove that Durov knew about the distribution of pornography and the turnover of drugs in the messenger, the lawyer believes.

Why are the accusations brought to Durov as an individual, and not Telegram as a company?

In French criminal law there is a clear difference between the personal responsibility of the company representative and the responsibility of the legal entity.

According to Wet, often in France they are charged personally to managers if their actions violate the law as a post. This allows you to punish those who directly make decisions that, as the lawyer notes in a conversation with the New Evrop, in many situations is more effective than an attempt to hold the company accountable.

At the same time, sometimes in France the accusations are charged with both the leadership and the company. So it was, for example, in the case of the Lafarge cement manufacturer, when it turned out that its representatives bribed members of the Islamic State terrorist organization in Syria to protect the plant. As a result, both the company and its managers were accused of "financing terrorism" and "complicity in crimes against humanity." Lafarge was fined $ 778 million.

Is Durov's pursuit a political decision?

The lawyer in a conversation with the New Evrop several times emphasized the absolute independence of the French judicial system from the legislative and executive branch. Wet admitted that neither the President nor the Ministry of Justice even knew in advance about the decision on the persecution of Durov

What will happen next with the founder of Telegram?

Now Durov should be celebrated twice a week in a police station and stay in France until the end of the investigation and trial. This can drag on for months and even years, Uet emphasizes.

If Durov consciously does not fulfill the obligation, he risks losing court supervision. In this case, the judge may issue an order to his arrest or forced drive to the court.

“If a person who is under court supervision intentionally leaves France, the arrest warrant is transferred to Interpol, and the arrest can be produced in another country,” Wet said.