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    Chairman of the Supreme Court Lebedev called for less frequent detention of the accused

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    The Supreme Court of Russia requires a wider use of preventive measures not related to detention. The corresponding legal position of the highest instance was stated by its chairman Vyacheslav Lebedev during the XVII Meeting of the Heads of the Supreme Courts of the SCO Member States, writes the agency RAPSI.

    the position of the Supreme Court on the wider use of preventive measures not related to detention,” Lebedev said. Defendants may receive a suspended sentence of imprisonment. We are talking about those convicted for the first time for crimes of minor gravity in the field of drug trafficking.

    Protection of business

    According to Lebedev, the Supreme Court also closely monitors the practice of cases against business representatives.

    “It is noteworthy that in cases of crimes committed in the field of entrepreneurial and other economic activities, last year the courts stopped criminal prosecution against 33% of the accused, and only 9% of the convicted were sentenced to imprisonment

    The Chairman of the Supreme Court recalled that the Code of Criminal Procedure of the Russian Federation was supplemented with provisions that exclude unreasonable extension of the period of detention of those who are accused of committing crimes in business and other economic activities, including in the case of inefficient work of the investigation bodies.

    In 2021 the courts of the Russian Federation stopped criminal prosecution against 54% of persons accused of organizing a criminal community or participation in it, Lebedev added.

    committed an economic crime for the first time, subject to full compensation for damage and transfer of monetary compensation to the federal budget. at any stage of the proceedings before the removal of the court to the deliberation room, ”the publication says.

    Commenting on the problems with private prosecution cases, the head of the Supreme Court recalled that a draft law was submitted to the State Duma on classifying criminal cases of battery, intentional infliction of minor bodily harm and slander to the category of criminal cases of private-public prosecution, in which it is proposed prov

    “Giving the court the right, and not the obligation, to terminate criminal cases on these categories of crimes in connection with the reconciliation of the victim and the accused will allow the court to establish whether the reconciliation is voluntary and smoothed whether the harm caused to the victim, ”explained Lebedev.

    Criminal offense

    He noted that an important institution in the field of alternative punishments is a criminal offense: the Supreme Court initiated to extend this institution to 112 offenses of small and medium gravity, not related to the use of violence and the activities of organized groups, if they are committed for the first time.

    So, the elements of crimes for which administrative prejudice is already provided, as well as a number of crimes are excluded from the scope of a criminal offense with a high public danger – for example, a deliberately false report of an act of terrorism, abuse in the field of public procurement, intentional infliction of minor bodily harm, crimes against military service, etc.

    “The implementation of this legislative initiative will contribute to a wider application of alternative measures to criminal punishment,” concluded the Chief Justice of the Supreme Court.

    high-profile cases

    Recall that on August 3, the Tverskoy Court granted the investigation’s petition to transfer Sergei Zuev, 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 investigator of the Ministry of Internal Affairs, in turn, replaced the measure of restraint for the rector of the RANEPA Vladimir Mau from house arrest to undertaking not to leave in the case of especially large-scale fraud.

    “The investigator decided to change Mau from house arrest to a written undertaking not to leave,” the source said TASS, without disclosing details.

    Inte It is noteworthy that on the same day, State Duma deputy Vadim Belousov received 10 years in prison and a fine of 500 million rubles for a bribe of more than 3 billion rubles. The judge ordered to arrest him right at the hearing, but they could not do this: the defendant did not appear in court , referring to “high employment and scheduled meetings.”

    In September 2016, Belousov was elected to the State Duma of the VII convocation as part of the list of candidates from A Just Russia. Parla was removed from him in 2018 Cop immunity, and the Prosecutor General’s Office of the Russian Federation was given permission to bring him to criminal responsibility. Despite the criminal case, in September 2021, Belousov was again elected to the State Duma on the list of the same party. State Duma and at the same time a registered candidate for the head of Udmurtia, on the one hand, looks amazing, and on the other, it is quite natural. All other important figures in this detective story, mixed with power, huge money and legal incidents, disappeared from the public field a long time ago. And with a lot of money, ”says the publication Our version”.

    Against this background, the municipal deputy of the Krasnoselsky district of Moscow, Ilya Yashin, continues to be in custody . He is accused of spreading fake news about the Russian army, just like the opposition politician Vladimir Kara-Murza (recognized as a foreign agent in the Russian Federation), whose arrest was also extended.

    “Practice shows that in some cases the courts treat petitions selectively in the measure of suppression. But more often than not, they simply agree with the requirements of the investigation, ”lawyer Daria Akhtyrko commented on the situation to Gazeta. According to her, the position of the Supreme Court – to take the accused into custody less often – is justified by the established practice, when many innocent people who do not pose a danger to society have to spend more than one month, and sometimes even several years, in custody.

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