During the court on February 2, 2021, the state prosecutor emphasized: the opposition politician is “the only one to whom the court showed humanism gave two conditional terms.” We checked whether this is really so.
At the visiting meeting of the Simonovsky Court of Moscow, the prosecutor Ekaterina Frolova supported the state prosecution: the Federal Penitentiary Service (FSIN) asked to replace Alexei Navalny as real punishment with real. During the hearing, the prosecutor twice stated that the opposition is the only person in Russia whom the court twice sentenced to punishment in the form of a conditional term. Asking questions to the defendant, Frolov said: “You are the only citizen of Russia who is twice sentenced to a conditional time. Thus, the court demonstrated a humane attitude towards you. ” In her own speech, the prosecutor repeated this argument, Supponingthat in relation to Navalny, "the court showed unprecedented condescension.
On February 2, 2021, the court considered the Federal Penitentiary Service in relation to Navalny about the replacement of the conditional term in the “case of IV-Rosher” ”for the real one. In 2014, Zamoskvoretsky Court of Moscow Recognized The opposition and his brother were guilty of fraud. Alexei Navalny was sentenced to three and a half years conditionally with a test period of five years, Oleg Navalny - to three and a half years of the colony of general regime. For a politician, this punishment was the second: a year earlier he received Five years conditionally in the “case of Kirovles”. ” Both sentences were appealed in the European Court of Human Rights, which in both cases I came to the conclusion that during the consideration of cases, the right of Navalny to a fair trial was violated. In both cases Russia Paid compensation policy.
Contrary to the statements of the prosecutor Frolova, two conditional deadlines of Navalny - albeit rather rare, but far from the only case. In 2017, the former mayor of Tambov Yuri Rogachev sentenced By the age of three, conditionally for official forgery and abuse of authority. The amount of damage caused by the official was then estimated at 117 million rubles. A year later, Rogachev received The second sentence is this time two years conditionally for abuse of authority.
Similar proceedings in relation to the civil servant were also held in Buryatia. In 2019, the court found guilty In “Fraud committed by a group of persons by prior conspiracy using an official position in an especially large scale” the former head of the Tunkinsky district Andrei Samarinov. After the initiation of the case of damage, estimated at 39 million rubles, the ex-official concluded a deal with the investigation and received three years in prison. The second sentence to Samarinov Taken A year later - for abuse of power, which led to damage 12 million rubles. He was condemned for four and a half years conditionally.
Not only officials received a suspended sentence twice. Employee of the St. Petersburg tourist company Tatyana Makeeva in 2018 Recognized Guilty of fraud: a woman kidnapped about 4 million rubles, which customers paid for rest in the resorts. Makeeva received three years conditionally with a trial period of three years, which she violated-in 2020, the Smolninsky District Court of St. Petersburg condemned Its for similar crimes (although this time 8.6 million rubles were already stolen). Thanks to the recognition of guilt and partial compensation for the damage caused, the punishment again turned out to be conditional: four years and a test period of five years.
In a conversation with “verified”, lawyer Ilyov emphasized that in Russian criminal legislation there are no norms that allow us to consider the appointment of two conditional terms by the manifestation of “unprecedented condescension” by the court: “Such a layering of conditional terms is, of course, exotic, but it is quite possible, there are no technical obstacles to this.” At the same time, the recognition of guilt or partial compensation for the damage caused is not an obligatory circumstance so that the conventional convict is not sentenced to real term in another case. According to Novikov, there are few such precedents, since the condescension of the court more often has the form of punishment that is not related to deprivation of liberty, even if conditional.
Photo: press service of the Moscow City Court
Fake
- https://meduza.io/live/2021/02/02/zamenyat-li-navalnomu-uslovnyy-srok-na-realnyy-den-suda
- https://youtu.be/jwno_6dog8s
- https://ru.wikipedia.org/wiki/del_nuv_roshe "
- http://www.consultant.ru/document/cons_doc_law_10699/
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