Entrepreneurs were more likely to send under house arrest instead of prison

Photo: Sergey Savostyanov / TASS

The number of defendants in economic Affairs, who is under house arrest, has increased by half in six months. Entrepreneurs, under investigation, were less likely to put in jail

The house is insulator

The courts and security forces were more likely to send defendants in cases on economic crimes under house arrest instead of in jail. About it to journalists on Wednesday, may 17, said the Commissioner for human entrepreneurs Boris Titov.

If in July of last year, the insulators were 6.9 thousand defendants in economic Affairs, as of February 2017 they placed 5.3 thousand entrepreneurs or employees (a decrease of 22.5%), follows from the data of the Federal penitentiary service, who provided the office of the business Ombudsman. The opposite dynamics is observed when putting the defendants under house arrest. Last summer at home contained 2.5 thousand businessmen, and in February of this year their number grew by 54.4 per cent, to 3.8 thousand people. St. 158 of the criminal code (theft) and article 161 of the criminal code (robbery) have not been analyzed.

Boris Titov

Photo: Anton novoderezhkin / TASS

The situation is slightly improving, but this is not enough, said Titov. However, it complicates matters with electronic bracelets which sometimes do not work, which of the defendants was transferred from house arrest to jail, said the comrade Titov Alexander Guruji — the former head of the Agency for strategic initiatives in the southern Federal district, which spent nine months in jail on charges of fraud, but in early may was acquitted by the court.

“Promote” replacement of detention in prison a more humane on house arrest, the authorities began four or five years ago, however, the courts shifted at once, says leading researcher of the Institute of problems of enforcement at the European University Kirill Titaev. One of the reasons that prison staff and investigators were not sufficiently trained to work with defendants under house arrest, and the courts relied on existing infrastructure, koordinirati with the FSIN. “Some time ago for them house arrest was a kind of bogeyman, now they have learned to work with him,” — said Titaev.

At the same time, the number of registered crimes and criminal cases for economic crimes in 2016 increased by 21% (260,7 thousand) and 2% (240,1 thousand), respectively. Slightly increased the number of convicted for economic crimes, but they were less likely to sentence to imprisonment (the data of the Prosecutor General, Investigative Committee, interior Ministry and the Judicial Department of the Supreme court).

Problems with the calculations

Statistics on economic crimes are not always clearly reflect the situation, says the report of the Center for strategic research (CSR) on the basic characteristics of economic crimes in Russia. The current statistics of security forces and law enforcement agencies “does not allow to speak about the level of pressure on business and highlights the likely activity and the nature of the work of law enforcement bodies”, the report said. The question is, “consider whether economic crimes only crimes committed by top management, or to review those that have been made including staff organizations;” a unified approach to the definition of the boundaries between “economic” and “ordinary” crime is not, the researchers write.

The authors come to the conclusion that the law enforcement bodies in the number of economic crimes include bribery, but “most of the special economic offences of fraud are included in this category only if additional conditions despite the large size of large and especially large damage”. In Russia as a whole, they estimate that annually prosecuted on charges of economic crimes 5-6 thousand entrepreneurs and top managers.

The judge as a hostage

Titov proposes to prohibit criminal jurisdiction on the merits of those judges who had previously taken a decision on the measure of restraint for defendants in the case. In such cases, the judge “becomes the hostage of an earlier decision, he could not give less period, because it turns out that he an innocent man was put in prison,” reasoned Guruji.

Another initiative Titova — to consider the measure of restraint by different courts. The court of first instance, on his proposal, to elect a measure of restraint only twice for two months, next time it can only extend a higher court, and six months later after the arrest — only the Supreme court. In the first stage landing the defendant in prison may make sense, it is necessary to isolate it from associates and quickly to investigate the case, but then this would be unnecessary, says Titov.

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Your suggestions the business Ombudsman will present the report to the President in late may, he has already sent them to the Prosecutor for consideration. This measure, in his opinion, should apply not only to entrepreneurs, but in General, defendants in all criminal cases, the Supreme court with this load would be handled. Press service the Supreme court Wednesday did not respond to a request RBC.

At the same time Titov has criticized the proposal of the CSR experts about the introduction of the concept of criminal misdemeanor — criminal acts, having a great social danger and brought serious harm. This measure will cause a change in the penal and judicial institutions, to calculate its consequences are too difficult, and it will cost too much, says Titov.

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