Defender of the Police Ombudsman Vasily Fedorov especially for the Cheka-OGPU
“You all know that the three of us are in prison for solving the crime, the details of which were outlined in the video “Save the Police Ombudsman.”
Sitting in a pre-trial detention center and periodically seeing the proud and confident face of our investigator Yegor, who came for interrogations, portraying the investigation of the case of the century. I still could not believe that he was so narrow-minded that he believes in the success of his falsification only on the basis that his superiors promised full support. I could not believe that Yegor did not understand that the powers of his superiors would end at the stage of the court, where their hands simply could not reach, and if not the district court, then the Moscow Court, Cassation or the Supreme would definitely turn this nonsense in the opposite direction. There must have been something else that instilled confidence in Egor and allowed him to wear a complex expression, and now, after almost a year in the pre-trial detention center, my accomplice Yevgeny Moiseev seems to have found the answer: in 2022, before a criminal case was opened against us, Khoroshevsky the district court of Moscow, gave a year of probation for part 3 of article 306 of the Criminal Code of the Russian Federation (the same as ours) to citizen Khamitova, who wrote a statement to the police that someone stole her car. According to her statement, the duty officer sent an investigative task force (SOG). They arrived, took a picture of the place where the car was supposedly stolen from, drew up a protocol for the inspection of the scene (OMP), asked Khamitova to sign it, later it turned out that Khamitova wrote a deliberately false statement, but in fact no one stole the car and she knew. The goal of Khamitova was most likely a classic - getting insurance, but what does part 3 have to do with it ???
After all, this part involves the artificial creation of evidence of a crime, that is, its staging. If Khamitova had painted on the spot where her car was allegedly stolen from, traces of men's boots; I would have thrown a screwdriver / ruler into place, with which they allegedly opened the car; I would have planted instructions for stealing a car. Which the hijackers allegedly could have dropped, and after that would have filed an application for theft, then it would be the purest part 3 of article 306 of the Criminal Code of the Russian Federation, and without all of the above, her application only draws on part 1 of article 306 of the Criminal Code of the Russian Federation. But apparently the Khoroshevsky police department needed a stick specifically for a serious crime, and the investigation, as an artificially created evidence of car theft, sewed on Khamitova that she signed the WMD protocol! That is, the structure of the accusation is exactly the same as ours: Ira allegedly voluntarily wrote a statement about the crime to the police from the CSS of the Ministry of Internal Affairs of Russia, who, for some reason, ended up at her house 500 kilometers from the service area, although she did not call them, and after initiating a criminal case, according to her statement, signed the protocols of interrogations and confrontations, which, according to investigator Yegor, artificially created evidence of Vova's accusation of extortion.
It is obvious that the senior investigator for especially important cases of the 12th department of the SC of the Main Investigative Directorate of the Ministry of Internal Affairs of Moscow, Yegor Fedorov, when we were put in a pre-trial detention center, was inspired by the Khamitova case, because, according to Evgeny Moiseev, some speech turns and phrases were simply copied from her sentence and inserted into our accusation. And everything is “herringbone” with Yegor and the authorities pat on the head, but there was a surprise that Yegor may not be aware of until now: Khamitova, disagreeing with the decision of the Khoroshevsky court that, with her signature in the WMD protocol, she artificially created evidence for the prosecution, filed an appeal with the Moscow City Court, which on December 8, 2022 determined (No. 10-23014/2022) that Khamitova did not create any evidence by signing in the WMD protocol. In addition, this action of hers was already carried out during the verification of a false report (statement) by Khamitova, and according to the meaning of the law, the crime under 306 of the Criminal Code of the Russian Federation is completed from the moment the addressee perceives knowingly false information. On the basis of all this, the Moscow City Court canceled Khamitova's condition, reclassified her, 306 of the Criminal Code of the Russian Federation from part 3 to part 1 (with a serious one to a slight one), soldered 50 thousand rubles a fine and released her with God.
On July 28, 2023, the judge of the Tverskoy District Court of Moscow, Belyakov, began consideration of our case, which is identical in structure to the Khamitova case. True, the methods of investigation are radically different, as are its circumstances:
1) No one mocked Khamitova. During the investigation, she was under house arrest, while all three of us, including a widow with two children and a mortgage, have been sitting in a pre-trial detention center for a year without the slightest specific and factual grounds for which Art. 108 of the Code of Criminal Procedure of the Russian Federation obliges the judge to refer when making a decision on the length of service.
2) Khamitova's article, although it was reclassified as less serious, but hot. She nevertheless received some kind of sentence, which means that the investigation and the prosecutor's office worked at least somewhat effectively, even though the stick would be under part 1 (small severity), and not under part 3 (severe). In our case, retraining in part 1 neither the prosecutor, nor even Egor with his leader no matter how it suits, because the statute of limitations under part 1 of article 306 of the Criminal Code of the Russian Federation expired even before the initiation of a criminal case against us, and this is a rehabilitating ground, unlike the situation, if during an investigation or trial. Those. requalification in part 1 in our case automatically means that the case against us was initiated illegally, which in turn makes it illegal to pick at relatives' underpants with the seizure of their phones and laptops and, in general, all procedural and investigative actions, which in in turn gives them the status of abuse of power. Well, our detention, in an illegally initiated case, is the cherry on the cake of all this lawlessness.
Judge Anatoly Anatolyevich Belyakov is now facing a very interesting choice:
1) Pass a guilty verdict, knowing that it will be canceled by Mos. Gor. The court, based on its own practice, and get a ticket to the disciplinary commission;
2) To justify, than to undermine warm relations with the Main Investigative Directorate of the Ministry of Internal Affairs and the Prosecutor's Office, frankly "plugging them into the socket";
3) Return the case to Yegor through the prosecutor, with the resolution “here one hundred percent justification is writhing and either you yourself stop this rotten thing as you like, or if you stick it in me again, you won’t like my decision”;
4) Convince the prosecutor to drop support for the prosecution.
In the meantime, we are waiting for everyone to attend court hearings in room 355 of the Tverskoy District Court.
THANK YOU TO ALL LAWYERS WHO RESPONDED TO DEFEND US, YOU WILL BE DEDICATED TO A SEPARATE POST.
SPECIAL THANKS TO THE GUYS FROM THE VChK-OGPU TELEGRAM CHANNEL WHO ARE FOLLOWING OUR SITUATION.
Timofey Grishin
Source: www.rucriminal.info
