The Supreme Court of Russia requests a wider application of non-custodial preventive measures. The relevant legal position of the highest degree was stated by its president, Vyacheslav Lebedev, during the XVII Meeting of the Presidents of the Supreme Courts of the SCO Member States, the agency wrote. RAPSI.
The President of the Supreme Court of the Russian Federation reminded that the number of people arrested by court order has decreased by four times compared to the period when the arrests were chosen by prosecutors.
“Strengthening the legal protection of suspects and defendants is facilitated by the Supreme Court’s legal position on the wider use of preventive measures not related to detention,” Lebedev said.
In particular, he said, defendants who suffer from drug addiction and who have voluntarily expressed a desire to undergo a course of treatment may be withdrawn from serving their sentences in the form of imprisonment. We are talking about those convicted of light gravity crimes for the first time in the field of drug trafficking.
job protection
According to Lebedev, the Supreme Court also closely monitors the practice of cases brought against business representatives.
“For crimes committed in the field of entrepreneurship and other economic activities, it is noteworthy that last year the courts stopped criminal prosecution of 33 percent of the accused and only 9 percent of those convicted were sentenced to prison.” .
The President of the Supreme Court recalled that the Criminal Procedure Code of the Russian Federation is supplemented by provisions that exclude unreasonable extension of the detention period of those accused of committing crimes in the field of entrepreneurship and other economic activities. In case of ineffective work of the investigative authorities.
Lebedev added that in 2021, the courts of the Russian Federation stopped criminal proceedings against 54% of people accused of organizing or participating in a criminal society.
In addition, the law provides for the exemption from criminal liability of a person who commits an economic crime for the first time, full compensation for damage and transfer of monetary compensation to the federal budget.
“Furthermore, the Supreme Court has insisted that the termination of criminal cases for tax offenses subject to compensation may be possible at any stage of the proceedings before the court withdraws to the deliberation chamber,” the publication said.
Last year, the number of people convicted of tax crimes decreased by 21%, and the court halted criminal prosecution for 49% of the accused.
Commenting on the problems related to private prosecution cases, the President of the Supreme Court recalled that a draft law was presented to the State Duma on the classification of criminal cases of assault, intentional minor bodily harm and defamation into the category of special criminal cases. public prosecution in which an investigation is recommended.
“Giving the court the right, not the obligation, to terminate criminal proceedings in these categories of crimes in connection with the reconciliation of the victim and the accused would allow the court to determine whether the reconciliation was voluntary and whether the damage was harmed. the victim has been removed,” Lebedev explained.
fault
He noted that an important institution in the field of alternative punishments is a criminal offence: the Supreme Court initiated the expansion of this institution to 112 minor and medium severity crimes unrelated to the use of violence and the activities of organized groups. committed for the first time.
Therefore, besides elements of offenses in which administrative bias is ensured, a number of offenses of high public danger, such as knowingly false reporting of a terrorist act, abuse, are excluded from the scope of the offense. in the field of public procurement, intentional minor bodily harm, offenses against military service, etc.
Lebedev stated that a criminal offense would be punishable in the form of fines, community service or limited paid work.
“The implementation of this legislative initiative will contribute to the wider application of alternative measures to criminal punishment,” the President of the Supreme Court said.
Restraint measures in “high-profile” cases
Recall, on August 3, the Tver court filed a petition for investigation for the transfer of Sergei Zuev, the rector of the Moscow Higher School of Social and Economic Sciences, accused of fraud, from the pre-trial detention center. under house arrest Until October 11 and the inspector of the Ministry of Internal Affairs, in turn, is released from house arrest for RANEPA rector Vladimir Mau to recognize in order not to leave in case of major theft.
“The Inspector has decided to make Mau a written commitment not to be released from house arrest,” the source said. TASSwithout revealing the details.
Interestingly, on the same day, State Duma deputy Vadim Belousov was sentenced to 10 years in prison and a fine of 500 million rubles for more than 3 billion bribes. The judge immediately decided to arrest at the hearing, but they could not: The accused did not appear in courtdue to “high occupancy and scheduled appointments”.
In September 2016, Belousov was elected to the State Duma of the 7th convocation as part of the list of candidates for A Just Russia. In 2018, parliamentary immunity was lifted, and the Prosecutor General’s Office of the Russian Federation was allowed to be brought to criminal responsibility. Despite the criminal trial, in September 2021 Belousov was again elected to the State Duma on the list of the same party.
“The disappearance of a State Duma deputy, as well as a registered candidate for the head of Udmurtia, seems on the one hand surprising and, on the other hand, quite natural. All the other major figures in this detective story have long disappeared from the public domain, entangled with power, big money, and legal events. And with big money, ”says the publication. “Our Version”.
Against this background, it continues be in custody Ilya Yashin, deputy mayor of the Krasnoselsky district of Moscow. Just like opposition politician Vladimir Kara-Murza, who is known as a foreign agent in the Russian Federation, he is accused of spreading false news about the Russian army. extended.
“Practice shows that in some cases courts treat petitions selectively as they are suppressed. But for the most part, they agree with the requirements of the investigation, ”the lawyer Daria Akhtyrko told socialbites.ca about the situation. In his opinion, the position of the Supreme Court – to detain the accused less often – is justified by the established practice, which many innocent people who do not pose a danger to society have to spend more than a month, and sometimes even. several years in custody.
Source: Gazeta
