The General Assembly of the Supreme Court (SC) is preparing a decision on issues of judicial practice in criminal cases regarding pending and ongoing crimes. According to experts, the proposed changes, which appear for the first time since 1929, are not revolutionary, but have the capacity to tighten responsibility for certain actions, the newspaper reported. “Vedomosti”.
The draft Supreme Court states that, for example, calculating the statute of limitations for criminal prosecution, resolving issues of immunity from criminal liability or imposing a just sentence depends on precisely established signs of a continuing or continuing crime.
The Plenum instructs the courts to distinguish a continuing crime from a series of crimes that formally have the individual characteristics of a single crime but are not a single crime.
The Supreme Court cites examples of crimes under narcotics section 228.1.
Igor Ivlev, head of the criminal defense practice group at the law firm Early Parole Institute, said that in the past, distributors’ actions of carrying out several bookmarks packaged from a previously purchased batch, offered for sale to different buyers, were considered single crimes if the bookmarks were made in one region or city for a short period of time. is classified. Now these are different crimes.
Nikita Filippov, head of the De Jure Lawyers Bureau, stated that if there is a sign in the document prescribed by the relevant norm, the ongoing crime is qualified as a whole, taking into account this sign. Let’s say, a few extortion cases, one of which involves violence, are generally described as “extortion through the use of violence”.
The Supreme Court of the Russian Federation in early October prohibited Consider the defendant’s refusal to access the smartphone as evidence of guilt.
Three former police officers were previously convicted in the Golunov case changed punishment.