Strange things are happening in our judicial kingdom! It would seem that in a real legal state, and Russia, without a doubt, is such, any punishment for a crime should correspond to the severity of the crime itself.
As experienced lawyers say:
“Criminal punishment consists of two elements: punishment, on the one hand, and conditions for the correction and re-education of the guilty person, on the other.”
All right. But in reality, in real court cases, things are happening, to put it mildly, strange
And the punishment absolutely does not correspond to the gravity of the crime, and, of course, does not serve to correct the guilty.
And it often serves, as it seems to me, only as a tool for the promotion of the heads of judicial and investigative bodies, and often just a tick in the reporting.
Outrageous events are taking place now in the Chertanovsky District Court of Moscow.
A group of citizens from the Vladimir region accused of banal "cashing out" is threatened with fantastic terms! From ten years of imprisonment and more!
Moreover, most of the accused are women with small children and children with disabilities. And what millions and billions did these unfortunate women receive from their machinations?
12 thousand rubles a month. Yes Yes. The income of these women from criminal activities was 12 thousand rubles a month.
And for these 12 thousand rubles - from 10 years in prison. We have less criminals for murder.
Yes, it also seems to us that the investigation is tritely deceiving those who made a deal with the investigation, trying to avoid sky-high deadlines.
Why did it happen?!
However, in order. Consider what is happening on the example of one of the defendants, let's call him "A".
In November 2021, the Chertanovsky District Court, Judge I. A. Yermishna, passed a sentence on A., convicted under Article 172 of the Criminal Code with the application of Article 210 of the Criminal Code. This is one of this group.
The crime committed by convicted A. is popularly called “cashing out”, which takes place in our country, alas, everywhere.
But what does Article 210 of the Criminal Code of the Russian Federation (organization of a criminal community) have to do with it?
It’s just that the investigation took the practice of applying Article 210 of the Criminal Code to all economic crimes, despite the fact that the sane article of the Criminal Code under which the crime was committed already includes a group of people.
In order to quickly solve crimes using 210 of the Criminal Code, the investigating authorities, as a rule, offer the accused to sign a pre-trial agreement, since the sanction of Article 210 of the Criminal Code provides for 7 to 10 years in prison.
And in this regard, the fear of being imprisoned for a long time wins and the accused makes a deal with the investigation and gives such confessions that can be qualified under Article 210.
In this case, along with the charge of illegal banking activities, Article 210 of the Criminal Code of the Russian Federation was applied and a deal with the investigation made it possible to quickly convict and recognize the person convicted under Article 210 of the Criminal Code as a prosecution witness in relation to 26 more people who are currently defendants, and their fate depends on the already convicted witness for the prosecution.
What's next?! And then our judicial and investigative workers can simply throw a person. And send it to the stage in full.
So, a pre-trial procedure was applied to A. in the form of a deal with the investigation, where the investigator promised a suspended sentence, and the lawyer in the case was unable to provide a qualified defense of the interests of the accused.
Either because of her low professional level, or, perhaps, she was in collusion with the investigator, who, very likely, had the goal of separating the criminal case against A. into a separate proceeding and, in relation to the remaining 26 accused women, to use the testimony that were given to A. in the course of a deal with the investigation.
After the verdict was announced and the suspended sentence remained only in the form of the promise of the investigator, A. received the full program, the lawyer insisted that for A. it is best not to file a complaint against the court verdict, as the next instance will allegedly give a longer term.
That is, I repeat, our convict A. never received the promised indulgence. Despite the promises of the investigation.
Further actions develop even more interesting. Having trusted his lawyer, A. was sent to serve his sentence in the Ivanovo colony, and at the end of May a request from the prosecutor's office came to the Ivanovo colony.
On the basis of which, A. was taken to the pre-trial detention center in Moscow to participate in the trial as a witness for the prosecution.
And then strange things start to happen. In early June, the lawyer, on her own initiative or at the request of the investigator, it is not completely clear, met A.
There A. shared with her that he would refuse to deal with the investigation, on the grounds that the investigator and she, as a lawyer, misled him. And he didn't get what he expected when he testified. And that during the investigation he was subjected to psychological pressure.
On June 20, 2022, A. was taken to Chertano Vskiy District Court, where the hearing was to take place.
In the courthouse, one of the escorts took A. to the second floor to the courtroom, where there were an investigator who investigated the case, an assistant prosecutor, an assistant judge and an operative officer accompanying the criminal case from the investigation stage.
And the strangeness began again. Everyone sat in the hall in silence, only the operational officer spoke. He began his speech by making threats against A., asking him questions and answering them himself.
Arguing that A. is serving his sentence in good conditions, has a connection with his sick mother and with his young children.
And in case of refusal of the previously given testimony, he will first end up in a punishment cell, then he will go to serve his sentence in Krasnoyarsk and A. will create such conditions that will correspond to conditions incompatible with life.
Imagine state A. I repeat, a person is convicted of an economic crime, "cashing in", he is not a murderer, not a rapist.
When the operative officer finished his speech, the escort took A. out of the courtroom, and they went to the first floor, on the way A. said, turning to the escort, that he would witness everything that he had just heard from the lips of the operative officer.
In the escort room, the second escort was waiting for A. to take A. further to the pre-trial detention center.
As soon as the two escorts met, the one who accompanied A. told his colleague that he got involved in an unnecessary case for him and expressed regret that in fact he was a witness to the illegal actions of all participants in the extrajudicial hearing.
After everything that happened. he was in solitary confinement for a month, the lawyer disappeared for the same period, and his relatives did not know about his whereabouts.
Further A. was in pre-trial detention centers in Moscow until August, after which he was sent back to serve his sentence in the Ivanovo colony.
During his stay in Moscow, where he was called as a witness for the prosecution, all scheduled court hearings took place without his participation. He was not called to court again. How is this even possible, completely incomprehensible ?!
A.'s mother sent several telegrams to the chairman of the Chertanovsky district court, but her appeal remained unanswered.
After applying to the Chairman of the Moscow City Court, Deputy Chairman of the Moscow City Court L.Yu. Ishmuratova replied that A. had been brought on 20 June to the building of the Chertanovsky court to take part in the trial as a witness for the prosecution.
Again, a very strange reaction from the Deputy Chairman of the Moscow City Court!
We know that there was no meeting! The convict A. was simply brought to court and scared from the heart, in case he refuses to testify.
Apparently believing that Lyubov Yuryevna Ishmuratova's answer was exhaustive, and that illegal actions were taken against A. (as reported by the mother of the convict) were ignored by the higher court.
However, from the Chertanovskaya inter-district prosecutor's office, a response was received to the appeal sent by the mother of A.
The answer contained an explanation that on June 20 the court session was postponed, and another date and this appeal were sent to the Main Investigation Department of the Ministry of Internal Affairs for the city of Moscow to verify the facts.
That is, there was a meeting, then there was not, like some kind of guessing game for children, and not the most serious judicial authority, designed to administer justice and fairness!
It is hard to believe that L. Yu. Ishmuratova, the most experienced judge, could allow such a blunder, typical of trainees, but the fact remains. More precisely, there is no fact of the trial, but it seems to be there. What could be the reason for the strange events?
The lawyer of one of the accused, in the interests of the upcoming trials, we will not disclose his last name yet, clarified the situation and told the following.
Twice the prosecution warned about the upcoming interrogation of witness A., and even the assistant judge pointed out that the latter had already been transported for interrogation.
But, both times, for some strange and frivolous reasons, the interrogation of the witness did not take place.
It turns out that the reason for such behavior is very far from justice and, in general, from jurisprudence.
As it became known to the lawyer, the judge was driven by extrajudicial motives, they said that she “fell off the chain”, and began to change the preventive measures for the participants, for completely insignificant reasons.
The behavior of the judge became clearly defiant, she allowed herself to interrupt the speeches of the defenders, rejected questions of the defense to the witnesses.
And before one of the court hearings, assistant judge N.A. Ponomareva (who is now leading the trial), Ekaterina Nikolaevna Mashtakova, allowed, in relation to one of the accused, to say something unexpected, something like this, they say, you know that we will quickly change the preventive measure for you ...
Assistant referee, this is an official.
This is truly not a trial, but, as it seems to us, a real mockery of the Russian legal system.
Strange, strange things are going on in the Chertanovsky District Court. Either the court session disappears, or the deal with the investigation (the most important element of the legal system) becomes Since it is a fiction, then the assistant judge intervenes in the case, and, as it seems to us, directly threatens the defendant.
Strange things are happening in the judicial kingdom. A huge number of kinglets have divorced, who do justice according to their whims, who spit on the law and trample on the fate of people.
I would like the leadership of the highest authority - the Moscow City Court, to finally figure out the oddities of this case. After all, the fate of a person, even if he has broken the law, is the main thing in the work of the Russian judicial system.
If we do not see the real life of a person, but chop right and left with an ax for the sake of mythical distinctions in service, such a state is worthless. We must correct the situation.
Andrey Mirolyubov
To be continued
Source: www.rucriminal.info
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