The Ministry proposes to oblige the Investigative Committee to search the world and arrest to the court of the property of the alleged crimes which have not caused material damage. Lawyers call this initiative threat
Promptly and abroad
Investigators of the Investigative Committee (IC) may be required to promptly seek and obtain the arrest to the verdict of the court of the property of people convicted of almost any crime under the Russian Criminal code. The draft of amendments to the Criminal procedure code (CPC) published on the portal of projects of normative acts regulation.gov.ru public discussion of possible amendments to may 26.
The existing criminal procedure code obliges the investigators to search the property of suspects and accused persons and to petition the courts for seizure of property before the verdict only if it is established that the crime caused property damage. The Ministry proposes to oblige SK look in Russia and worldwide assets of suspects and accused persons and in cases when such damage is not established, — the crimes for which provides for the application of confiscation and the penalty of a fine. Investigators (investigators) will be required to take such measures “as soon as possible” (currently that wording is not), and courts should consider such requests within 8 hours. To achieve the arrest of foreign property suspected in crimes of the Russians investigators are using their foreign colleagues according to international agreements or based on reciprocity principle, calculates the Ministry of justice.
We are talking about article 160.1 of the criminal procedure code “Action to enforce a civil claim” (proposed to be renamed “Measures to secure a civil claim, confiscation of property and other asset recovery”) and article 165 (“Judicial procedure for obtaining permission for the execution of investigative actions”). The press service of the Ministry of justice has not responded to a request to RBC, why would such an amendment, at the time of publication.
According to estimates RBC, the penalty of fine provided at least one part 254 and 342 articles of the Special part of Russian criminal code (describes crimes). Fines imposed on all the articles of the sections on crimes against constitutional rights and freedoms of crimes in the economic sphere, property and computer information on environmental crimes; almost all the articles on crimes against the family and against the interests of the civil service, as well as most of the articles sections on crimes against public order and against public security. As a General rule, criminal penalties can reach 5 million rubles., and for people convicted of giving or receiving bribes up to 100 times the size of the bribe.
88 articles of the Criminal code penalties do not provide. As a rule, the most serious crimes against life and health, against sexual integrity, against the constitutional order and military service. Not all, but many of these articles stipulated penalties involve confiscation of all such articles are listed in article 104.1 of the criminal code.
Almost all of the criminal offences provided for fines or other material penalties, and it turns out that the amendments of the Ministry of justice is aimed at the potentially unlimited circle of suspects (accused), said the lawyer MKA “KLISHIN and partners” Andrey Shugaev. The amendment has “hidden corruption” and can be a tool of abuse — it does not pass, he said. General rules for the seizure of property set out in article 115 of the criminal procedure code should be guided by them, says the lawyer.
Such amendments “untie the hands of the result, because under the pretext of establishing such property may be subject to checks and foreign companies to identify the true beneficiaries,” said managing partner of the company “Lamczyk, Krupsky and partners” Alexander Lenchik. It’s “dangerous” amendment, and a reference to the articles which provided for the confiscation of property, may be a “Pandora’s box” for business, he says.
The initiative of the Ministry of justice of the Russian theoretically gives investigators the ability to search and to seek seizure of ex-head of Yukos Mikhail Khodorkovsky, who, after being pardoned by President Vladimir Putin living abroad. In December 2015 SK in absentia accused Khodorkovsky in the murder from the mercenary motives of the mayor of Nefteyugansk Vladimir Petukhov and the assassination of businessman Yevgeny Rybin; Khodorkovsky was declared in the international search, the UK stated the intention to seek his extradition. The attempts to obtain pretrial seizure of Khodorkovsky on that charge was not reported. According to article 4 of the CPC, in the production of the criminal case shall apply the rules of criminal procedure in effect at the time of production of the respective procedural action — in other words, the amendments to the criminal procedure code, if any occur, are distributed to existing criminal cases.
The main item among the charges Khodorkovsky — article 105 of the criminal code, which provides for the confiscation of “money, valuables and other property obtained through the Commission of the crime.” As wrote Forbes, Khodorkovsky was a beneficiary of the trust, Corbiere Trust, is co-owner of Quadrum Atlantic Fund investing in overseas property. In December 2016, the court in Ireland unfroze €100 million on the account of Khodorkovsky, who was blocked in 2011 in the investigation of money laundering.
Russian Prosecutor General’s office has repeatedly received negative results in their attempts to seize the assets of Mikhail Khodorkovsky abroad, and his lawyers see no reason that this question has anything changed for the UK for the better, said RBC representative of Khodorkovsky Olga Pispanen. “This amendment will not change when the power will come,” said RBC Khodorkovsky himself.
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