Sun admitted the substitution of meat in shaikah business
As it became known””, the defendants in high-profile criminal case of fraud in the supply suhpaykov for the needs of the interior Ministry and the defense Ministry in the amount of 220,2 mln may soon get out of jail. The Supreme court considered the complaint of the General Director of OOO “Agrosoyuz “Lyubava”” Michael lacsina and other defendants in the case, agreed with the arguments of their defence that the alleged crimes relate to the field of entrepreneurship, and therefore, the defendants cannot be detained. Now lawyers will have to convince the Presidium of the Moscow city court.
Protection Michael lacsina, Executive Director of LLC “Agrosoyuz “Lyubava”” Michael Rodnikova and General Director of OOO “Mtsensk meat processing plant” Dmitry Atroshchenko appealed to the Supreme court (SC) several decisions of the Moscow courts: the three ruling of the Tver regional court on 14 October 2017, in accordance with which the investigation was in jail, and the decision of appeal instance of the Moscow city court, which on 1 November confirmed their legitimacy.
The lawyers drew attention entirely on the fact that in the case of their clients, which was initiated by the investigative Department of the Ministry of internal Affairs and then transferred to the Main investigation Department of the Investigative Committee of Russia, lies a civil dispute about the quality of products supplied by the police Department and the Ministry of defense.
The consequence considers that replacing shaikah supplied under government contracts for the law enforcement agencies, beef, cheap chicken, the business made two episodes of fraud in especially large size (part 4 of article 159 of the criminal code), causing damage to customers at 220 million rubles.
In turn, defenders pointed out that the alleged crime refers to naaresto business activities. In addition, lawyers have noticed that in judicial decisions absent compelling evidence that their clients can escape and continue to engage in criminal activity. The defense asked the armed forces to free the prisoners.
The judge VS Yuri Sitnikov, considering the appeal of Michael lacsina, noted that, according to the requirements of the code of criminal procedure, the judge’s ruling “must be lawful, substantiated and motivated,” and challenged by the defence solutions “do not meet the requirements”. Mr. Sitnikov decided that the Tver regional court, arresting Michael lacsina, found “a field of activity” committed the crime and has not ruled on this issue, “reasoned judgments.”
In turn, the Moscow city court, said the decision of the judge of the sun, decided that the alleged arrested episodes are not relevant to the business. Moreover, the review materials said that Mikhail Lakshin for a long time was the owner and CEO of several large companies. Thus, thought the judge Sitnikov, district and city courts have ignored the requirement of article 108 of the criminal procedure code, which prohibits sent to jail accused of fraud committed in the course of business.
Another judge of the sun — Evgeny Zemskov, considering the complaint of the head of the Mtsensk meat processing plant Dmitry Atroshchenko, drew attention to the fact that the crime was committed “in the framework of a state contract”.
The constitutional court, he said, include such crimes to the business. But, choosing a measure of restraint, the district court and the Moscow city court “failed to consider adequately” the fact that, although “the clarification of the question, in what field of activity the crime was committed,” has a “significant” arrest.
As judges, the armed forces felt that their Metropolitan colleagues do not led any evidence that the defendants might abscond and put pressure upon witnesses, and the election of a preventive measure not related to arrest, “does not ensure proper conduct” of the defendants or their “presence before the investigating authorities and the court.” At the same time to release the accused of the armed forces did not, giving the question to the jurisdiction of the Moscow city court.
Opinion of VS was supported by the famous lawyer, Professor of criminal law and criminology of the law faculty: Paul Jani. After reviewing the materials, he also came to the conclusion that the actions of the defendants belong to the business sector.
The Presidium of the Moscow city court, having regard to the opinion Thu, 26 Jun may release the accused or to transfer them from jail under house arrest. In Moscow city court the decisions of the judges, the armed forces did not comment, saying just that the complaints yet.