The Supreme court reversed the conviction of opposition leader Dadina
Moscow. 22 Feb. INTERFAX.RU — the Presidium of the Supreme court (SC) of the Russian Federation overturned the conviction of opposition activist Ildar Dadina, who was sentenced to real term of punishment for repeated violation of the rules of picketing, the correspondent of “Interfax” from the courtroom.
“Dading release from custody, to recognize his right to rehabilitation”, — stated in the decision of the Bureau, announced Wednesday following the submission of the President of the Supreme court Vyacheslav Lebedev on the resumption of the proceedings the Dading in connection with the decision of the constitutional court of the Russian Federation.
According to the decision of the Presidium, the verdict against the Dading cancelled, the case closed.
Dading became the first and only convicted under article 212.1 of the criminal code after her appearance in the new edition of the criminal code in the summer of 2014
The maximum penalty for this offence is imprisonment for five years. To liability under article 212.1 of the involved person has previously committed the same administrative offense (20.2 Cao RF) more than two times within 180 days.
In December 2015 Dading was convicted of the offence provided for in the contested article. He was sentenced to three years imprisonment, later the punishment was reduced to 2.5 years.
As reported, in December 2016, the armed forces refused to review the verdict to the activist of cassation, finding in his case of violations.
The constitutional court on 10 February on the outcome of consideration of the complaint of the activist to article 212.1 of the Criminal code (CC) of the Russian Federation (repeated violation of the rules of organizing and holding meetings, demonstrations and picketing) ruled that imposed on I. Dading judicial acts subject to revision.
The constitutional court recognized the contested article does not contradict the Constitution, but recommended the legislator to modify it.
Legal basis for release
Earlier the General Prosecutor’s office called for the abolition of the sentence of opposition activist Ildar Dadina, who was sentenced to real term for repeated violation of rules of picketing.
“I suggest that the criminal case against the Dading to renew, to terminate the case for lack of action, the Dading of the offense, the Dading to release from-under guards”, — said the Deputy General Prosecutor Leonid Korzhinek on Wednesday at a meeting of the Presidium of the Supreme court. There is now considered the proposal of the Chairman of court Vyacheslav Lebedev on the resumption of the proceedings the Dading in connection with the decision of the constitutional court of the Russian Federation.
He stressed that the constitutional court declared article Dading was convicted, not inconsistent with the Constitution.
Korzhinek said that the criminal case against the opposition was filed in February 2015, however two of the three decisions of the Tver court of Moscow on bringing the Dading administrative liability was appealed and was examined by the Moscow city court in March. “Thus, at the time of prosecution of two of the three orders has not come into legal force,” — said the Deputy Prosecutor General.