The Prosecutor General of Russia and the experts of the far Eastern University agreed with the arguments submitted a complaint to the constitutional court opposition activist Ildar Dading — the only convict to imprisonment for repeated violation of order of organizing or holding rallies or pickets. About it writes “Kommersant”.
In conclusion, the University States that the criminalization of repeated violations of the established procedure of organizing or holding meetings, rallies, demonstrations, marches or picketing without the consequences and indications of them in the criminal law, as it is described in the article 212.1 of the criminal code is unfounded.
The reason is that “do not exist two important criteria of criminalization is a necessary and sufficiently high degree of social danger of the act and the infliction of harm to legally protected public relations.”
The study highlights that “one and the same offence can neither simultaneously nor with any temporal gap at the same time incur the liability and administrative and criminal”.
Deputy Prosecutor General of Russia Vladimir Malinovsky in response to the request emphasized that “the repeated Commission of offences cannot be considered as a circumstance that increases the severity of such actions to the level characteristic of crimes”.
A public hearing on the complaint of the Dading the COP will convene on Tuesday, January 24.
In January, the Dading was transferred to IK-5 of the Altai territory, after the fall he complained of a beating at the Segezha colony No. 7. After investigation the regional Investigative Committee said that the violations of the rights of the convicted person have been identified. In the HRC said that the unlawful use of violence in IR No. 7 complain many prisoners.
Dading was sentenced to three years in a penal colony in December 2015.