Crimes are released from arrest – Kommersant FM
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For crimes of moderate gravity, they may no longer be sent to a pre-trial detention center: we are talking about actions not related to the use of violence or its threat. The corresponding bill was adopted by the State Duma in the first reading. According to the document, arrest in the above cases will be ordered if the accused does not have a place of residence or stay in Russia, his identity has not been established, or he has fled from court or investigation. In addition, it is proposed to prohibit the arrest of minors, women with young children and people with serious illnesses.
Such changes would help reduce the burden on the courts, noted Daniil Gorkov, a lawyer at the Criminal Defense Firm: “Currently, detention as a preventive measure is applied by court decision in relation to a suspect or accused of committing crimes for which punishment is provided in the form of imprisonment for a term exceeding three years.
But the legislator makes a reservation that this measure is implemented in the event that it is not possible to apply a softer one. As a rule, when we are talking about violent crimes, arrest is the usual solution.
According to statistics, for many acts related to white-collar crime (crimes against property, various corruption crimes), detention in principle is also used, even if the amount of damage is not particularly large.
The Supreme Court, which submitted this draft to the State Duma, stated in its explanatory note that persons who commit non-violent crimes do not pose any danger to society.
Suppose there is a certain respectable citizen who is a mid-level official or entrepreneur and has a small business. And he commits an action or inaction that bears the hallmarks of a criminal act. In this case, there is no global sense in arresting him for one reason: this person does not pose any danger to society.
Moreover, taxpayers’ money is spent on this. In addition, such a preventive measure involves certain difficulties for the court itself, since the judge needs to consider this petition and make a decision. That is, there is a certain burden on the judicial and government systems.”
What could changes in legislation lead to? According to lawyer and head of Saunin Law Practice Andrey Saunin, such measures, in particular, will help suspects avoid unnecessary pressure from law enforcement officers:
“Often, arrest in cases of medium gravity, namely non-violent crimes, acts as a tool of pressure from either competitors or law enforcement agencies. It begins to affect a person from the moment he is in a temporary detention facility, which can last up to two days.
The next step will be the selection of a preventive measure, arrest. And in this case, the bill is aimed at ensuring that people have greater protection from such arbitrariness. The measure can also be extended to persons charged under the first part of the article on theft and under the article on fraud. This is what is most often used in disputes between counterparties or competitors.
However, the initiative may have the opposite effect. There are minor crimes when the suspect has the opportunity to harm the victim or hide some material evidence. In this case, it is not clear how to protect both the interests of the victim and the investigation itself from such actions.”
According to the new bill, detention can only be imposed for crimes of medium gravity of a violent nature, as well as for serious and especially serious acts.
Everything is clear with us – Telegram channel “Kommersant FM”.
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