Cassation overturned the acquittal of the artist Yulia Tsvetkova
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The 9th Cassation Court in Vladivostok overturned the acquittal of the Khabarovsk regional court in the case of the artist Yulia Tsvetkova (recognized as a foreign agent) on the distribution of pornography. The case was sent for a new trial to Komsomolsk-on-Amur, Alexander Pikhovkin, Ms. Tsvetkova’s lawyer, said in his Telegram-channel.
Mr. Pikhovkin said that there was no motivated court decision yet, but at the meeting it was said that the “pornographic nature of the images incriminated by Tsvetkova” follows from the title of the blog – “Vagina Monologues”. “There is no time for “significant violations of the criminal and (or) criminal procedure law,” the lawyer noted, attaching to the post link at st. 401.15. Criminal Procedure Code of the Russian Federation (grounds for canceling or changing a court decision when considering a criminal case in cassation).
The lawyer said that the defense relied on the doctrinal definition of pornography given by the leaders of the Supreme Court. “The next stop is there,” Mr. Pikhovkin wrote. According to decree Plenum of the Supreme Court of December 15, 2022, the distribution of pornographic materials is understood as the illegal provision of specific persons or an indefinite circle of persons with the opportunity to use them. It can be done, among other things, by sending such materials in a personal message on a social network, the document says.
A criminal case against Yulia Tsvetkova was opened in 2019. The reason for this was her drawings, published in her Vagina Monologues group on VKontakte. The first court session took place in March 2021. November 22, 2022 Khabarovsk Regional Court approved acquittal against Mrs. Tsvetkova in the case of distribution of pornography. In the same month, the artist left Russia.
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