All about forthcoming amnesty was told by the deputy of the State Duma Vladimir Gruzdev
In the Russian courts the terrible tendency was outlined: the person can plant even under the demand of neighbours or acquaintances. Only last year on affairs of private charge it has been condemned more than 15 thousand persons.
the first vice-president of Committee of the State Duma has informed On it under the civil, criminal, arbitration and remedial legislation Vladimir Gruzdev on “ a straight line “ with the readers, the devoted amnesty. That the neighbour did not turn to the public prosecutor, and victims navetov had not to count on one only amnesty, deputies suggest to enter an obligatory consequence on affairs of private charge.
Igor Alekseevich, Vladimir region: Hello! I want to specify: whether I if I have been fined on 15 thousand roubles on criminal case on 150 - j to article can be amnestied. (Involving in a crime of the minor. - an edition Comment ).
Vladimir Gruzdev: As regards the first, probably?
Igor Alekseevich: Is not present, on the second.
Gruzdev: Yes, you can be amnestied. But it is not accepted the political decision yet which should be amnesty. Some variants are discussed. One of them provides the limited amnesty which will mention only veterans of the Great Patriotic War and the persons equal to them. For example, blokadnikov. If other point of view wins and in the amnesty certificate will include condemned for netjazhkie you have a chance.
Igor Alekseevich: I have paid the Part of money, but not up to the end. All the same I can get?
: If the person on a sentence has been fined, has paid money, but was amnestied, to it will return this money?
Gruzdev: will not return, as amnesty is applied only by not executed part of punishment.
Yury Bezdjaev, Lgov, Kursk area: I in life had such ridiculous situation. In October, 2006 I have lent 37 thousand roubles to the acquaintance. For a period of two months. Has passed three years, and money it and has not returned and as it was found out now, did not gather at all. I have warned him that I will address in world court with the claim. It has arrived to me, promising to repay a debt, but money has not brought, has told “ money now is not present, I will give, when will be “. In conversation has tried to pull out a note. On that also have left. On October, 23rd last year the court under my claim from it collects the sum of 50 thousand roubles.
RG: So in what your problem?
Yury Bezdjaev: Soon I have learnt that the respondent has brought an action against me as private charge and “ Asks to involve for deliberate drawing of a beating “. On March, 4th the regional appeal court recognised me guilty with punishment in the form of the penalty in five thousand roubles and indemnification of moral harm in five thousand roubles. The basis for a sentence: “ the witness of a private accuser saw that that left to me without physical injuries, and has returned with reddening under an eye and the torn jacket “.
Gruzdev: the Sentence has already entered validity?
Yury Bezdjaev: Still is not present. God sees, I did not make it. To me forty two years, I the reserve officer of FSB of Russia. I bring up two sons. The judge at all has not entered the indication of my witnesses in the report. Only now I start to understand ominous sense of expression “ absence at you a previous conviction not your merit, and our defect “.
Gruzdev: I did not see documents and I can not judge concrete circumstances of business. But you have mentioned really serious problem.
Yury Bezdjaev: In our life it is necessary to be ready to all. If to assume, what cassation and supervising instances will uphold a sentence, I can count on forthcoming amnesty or on softening of the criminal legislation?
Gruzdev: While there is no saying what of amnesty variants will be accepted. But basically, there is a hope that your article will get under it.
RG: it is Really simple so, under the statement of any neighbour or the debtor, the person can condemn? And even to plant?
Gruzdev: the Law carries affairs of private charge in a consideration category world judges. Moreover, on affairs of private charge preliminary investigations are not made. Enough statement of the victim and testimony that the court has started to spend proceeding.
RG: In such disputes often happens that a word of one person against a word of another. One speaks: me beat. Another: we have simply argued. How here to understand?
Gruzdev: In practice it is valid very often people condemn on these affairs. According to the judicial statistics, last year on affairs of private charge when the applicant has addressed directly in court, it has been condemned about 15 thousand persons. And 22 thousand more the person have been condemned, when people as private charge at first addressed in law enforcement bodies, and business arrived in court together with bills of particulars and indictments.
RG: So has developed that on usual criminal cases courts take out less percent of verdicts of “not guilty“. And if on a place of an accuser not the public prosecutor, and the usual person, courts, conditionally speaking, relax? Or the accusatory bias concerns and “ private traders “ ?
Gruzdev: Here a curious detail. On affairs when people addressed with private charges directly in court, it has been taken out more than 6,5 thousand verdicts of “not guilty“. Compare to 15 thousand: it is obvious more percent. Even calculators we will not undertake. But when affairs of private charge arrived from law enforcement bodies with bills of particulars, the number of verdicts of “not guilty“ has sharply decreased.
RG: it is how much sharp: twice? In three?
Gruzdev: All 87 verdicts of “not guilty“ have been taken out. I will remind: from 22 thousand arrived affairs. It is less, than half-percent.
RG: As they say: as was to be shown. It turns out, private charge - terrible force. But whether correctly to grant to citizens as a matter of fact the public prosecutor`s rights?
Gruzdev: We in committee assume that, probably, all - taki is sense to return to that practice which was earlier: on similar affairs it should be spent either a consequence, or inquiry. And only after that affairs of private charge should arrive in court.
RG: But same a true sentence. You just spoke about half-percent of verdicts of “not guilty“. Judging by statistics, there are more than chances to justify, if “ private traders - accusers “ will address directly in court.
Gruzdev: Judicial investigation always less capacious, than investigation at level of the inspector or the investigator. We consider that it is a dangerous tendency when today it is possible to institute criminal proceedings any person, having accused him, say, that it has pushed the neigbour in a communal flat. I faced a similar case. One young man, living in a communal flat, has quarrelled with the neigbour. She tried to survive it and together with neighbours has slandered it. The guy tried to institute criminal proceedings as private charge. Unfortunately, our law-enforcement system has accusatory character.
RG: There is also other party of a medal. Such order allows to involve household hooligans. And if that person really pushed and terrorised the neigbour in a communal flat literally? The militia can and not accept the statement, winning games, so-called sticks are necessary to it. And here it is necessary to understand, and not the fact that you will prove.
Gruzdev: It is truth. Basically, when affairs of private charge were transferred to court level, we assumed that the court can understand in more details. And usual people will have a mechanism of protection against household hooligans. But today loading of world judges does not allow them is high-grade to understand this sort of affairs.
Elena, the Bottom New city: Vladimir Sergeevich, hello. I would like to eat with any amendments to the law under article 105, murder?
Gruzdev: Is not present, on 105 - j we did not bring amendments. It operates in this edition some years.
Svetlana Petrovna: I would like to ask a question concerning the minors who are serving time in colonies. It is known that at teenagers unstable mentality, cruelty display is peculiar to them. Many of them regret for a criminal conduct. Many steels a victim of an unfair, poor-quality consequence, especially children from children`s homes. While these children remain in colonies, they have less than possibility to enter into normal life. Whether these circumstances are considered by consideration of the given certificate about pardon? How amnesty will be reflected in teenagers?
Gruzdev: In a case if amnesty will take place and the decision on wider amnesty minor criminals under it will get too will be accepted.
RG: Many people from sent letters on the Internet are interested in destiny of the bill of Criminal code softening. The part of articles is planned to translate in the Code about administrative offences. Tell, you saw this bill?
Gruzdev: Saw, it has undergone many changes. The deputy minister who conducted this bill, already, unfortunately, does not work in minjuste. Probably, therefore there is some delay in work on the project. I want you to assure that “ an United Russia “ already has much made for liberalisation of the criminal legislation. However, together with it, we see a problem to strengthen a criminal liability on a number of articles UK. It is a question about heavy and especially grave crimes: terrorism, murders, rapes, pedophilia and etc. A number of bills now prepares our deputies. At the same time at the initiative of deputies of our fraction changes in the criminal law which have commuted punishments for physical persons and heads of the enterprises for articles 198, 199 UK (non-payment of taxes) have been passed.
Valentina Nikolaevna, Voronezh: Me the question interests: the son sits two years under article 162 ch. 4 Criminal codes. It is subject to amnesty?
Gruzdev: Valentina Nikolaevna, and the full age son?
Valentina Nikolaevna: Yes.
Gruzdev: Valentina Nikolaevna, 162 - I Criminal code article “ robbery “ as regards 4 will not be amnestied. This crime against the property also concerns the heaviest structures of a crime. It is compelled to afflict you, in whatever kind the amnesty will be accepted, the granted structure of a crime under amnesty will not get.
Valentina Nikolaevna: And it is conditional - ahead of schedule it can leave under this article?
Gruzdev: it is conditional - the early release is provided on all structures of a crime. So yes, can. But for this purpose it is necessary, that it had a positive characteristic and that it corresponded to those requirements which are shown to prisoners who want on to leave conditional - to an early release. According to article 79 UK the condemned should leave two thirds of punishment to apply on UDO.
RG: By the way, often it is necessary to hear opinion supposedly it is impossible to cancel the right on conditional - an early release under some, especially heavy articles of the Criminal code. For example, the same robbery or murder?
Gruzdev: It is impossible. This constitutional law which is provided in the Organic law. At all of us structures fall under conditional - an early release, and on grave crimes some especially, such as the organisation of criminal community, to apply on UDO it is possible only after departure of certain term of punishment. We cannot deprive condemned of constitutional laws. If the person was corrected, has followed a correction way, it should have a hope.
Svetlana Viktorovna, Khabarovsk: Since January, 10th in the Criminal code there was a new punishment: freedom restriction. Tell, please, if in article on which the person has been condemned earlier, there was such punishment, he has the right to demand sentence revision?
Gruzdev: Theoretically he can address in court and ask to replace punishment with freedom restriction. But hardly the decision will be positive. The matter is that in itself articles have not been softened, the maximum sanctions remained former. There was simply a new kind of punishment. If the court considered possible to punish the person without imprisonment, it could take out a suspended sentence, fine or condemn to obligatory works. These kinds of punishment were and earlier.
RG: And in general - unless the law has a retroactive effect?
Gruzdev: If improves position of the person has. If worsens, is not present. We will admit, if article is excluded from the Criminal code or on it punishment sentences should be automatically reconsidered is reduced. As to freedom restriction it has not changed ideology and weight of articles in which it has been brought. If, say, there have absolutely cleaned imprisonment then without fail sentences would be reconsidered.
Vladimir Litvinov: whether changes on softening of article 159 of the Criminal code Will be made: “ swindle “?
Gruzdev: And at you someone is already condemned?
Vladimir Litvinov: Yes: article 159, a part 4. Five years of a general regime.
Gruzdev: the Part of 4 articles “ swindle “ provides imprisonment till 10 years. It is a question of when swindle is organised by group or in especially large size. The State Duma has already approved in the first reading the bill brought by the president of Russia which softens the criminal policy on economic crimes. According to the project, under article “ swindle “ it will be impossible to arrest the person to a court sentence if swindle results from economic pravootnosheny.
Elena, Moscow: I would like to ask you concerning amnesty: there any indulgences for a HIV - the infected prisoners will be provided?
Gruzdev: While, dear Elena, any exceptions for a HIV - infected it is not provided. Thanks that you have reminded of it. At us not only the HIV - infected, is still sick of a tuberculosis. But while the question with amnesty still up to the end is not solved and is on political discussion.