Process on Victor Buta`s business can be tightened for years
Court in the USA has transferred date of adjudgment to Russian Victor Butu since March, 28th for April, fifth. According to the expert, lawyers of the defendant will be and to drag out further process in all higher judicial instances.
In the end of the last year the jury recognised Victor Buta guilty at all points charges, namely - in arrangement to the purpose of murder of Americans and official representatives of the USA, attempt of acquisition and sale of rockets and support of terrorism by cooperation with the Colombian grouping “ Revolutionary armed forces of Colombia “. Originally the sentence to the Russian should be taken out on March, 12th, then a judgement have transferred for March, 28th, however and this date did not become definitive. Who and why this process and Victor Buta`s what further prospects drags out - has told about it the doctor of jurisprudence Alexander Grinenko, the professor of stand of criminal law, criminal trial and criminalistics MGIMO () the Ministry of Foreign Affairs of the Russian Federation.
Alexander Grinenko: In America the case system of the right which specificity consists that if jurymen have already taken out an accusatory verdict in this case there is no mechanism which would allow to avoid the decision of a verdict of guilty, except for cases when one of the parties finds out especially remedial infringements which have been admitted during business hearing operates. Therefore Victor Buta`s lawyers try to find any transgressions and corresponding complaints make.
What for it is necessary for protection? After all before announcement of a sentence the Russian side cannot undertake any actions, say, to be converted to the USA with inquiry about delivery of Buta or with the application on pardon.
Alexander Grinenko: Lawyers are obliged to use any possibilities put in the American legal proceedings. In the USA minor courts usually pronounce as much as possible severe sentence. Then protection submits appeals and tries to soften a sentence in superior courts. Thus, process of Buta can be tightened for some years. As to Russian side actions Russia, and the USA ratified the Convention on transfer denounced to imprisonment for punishment serving. And so, the party which asks to pass it this person, should not call into question legality and validity of a sentence.
If such doubts are voiced, one it can form the basis for refusal in delivery. But our officials after removal by jurymen of an accusatory verdict declare Victor Buta`s innocence. Besides, if Buta sentence to punishment over 25 years of imprisonment (and at us even if set of crimes took place, punishment more than such term and less than the lifelong is not provided) procedure of transformation of a sentence should be applied. It is necessary, that still Russia has suggested to lower punishment and that US authorities have agreed with it to its delivery. Here there can be serious difficulties.