Vobla dragged through the courts – Picture of the Day – Kommersant

The court in Tyumen satisfied the complaint of the police and sent for reconsideration the case of Alisa Klimentova on discrediting the Russian army for the phrase “No in ***e” on the pavement. In October, the court of first instance stopped the proceedings, considering that law enforcement officers failed to prove the guilt of the Tyumen woman. Whereas at the trial, Mrs. Klimentova insisted that the phrase referred to the roach, to which she had a sharp dislike. Experts note that, according to statistics, Russian courts rarely dismiss such cases.

The appeal of the inspector of the department for the execution of administrative legislation of the Ministry of Internal Affairs of Russia for Tyumen on Monday was considered by the Tyumen Regional Court. In the complaint, the police representative asked to cancel the decision of the Central District Court of Tyumen, which in mid-October stopped Proceedings in the case of discrediting the Armed Forces of the Russian Federation (Article 20.3.3 Part 1 of the Code of Administrative Offenses of the Russian Federation) in relation to Alisa Klimentova, who wrote “No in ***e” with crayons on asphalt. Mrs. Klimentova made this inscription on September 24 on Unity Square, where an unauthorized action against partial mobilization took place. On the same day, the girl was detained.

Police officer Yevgeny Ivanov compiled a report in which he indicated that the detainee had discredited the army with the phrase on the pavement. The instrument of the offense, indicated in the protocol, was “a yellow box with the contents in the form of one blue chalk”.

During the consideration of the case in the court of first instance, the police, as evidence of Alisa Klimentova’s guilt, presented photographic materials about the posting on the Internet of the announcement of an unauthorized rally on Unity and Consent Square on September 24, a video recording of the moment Alisa Klimentova wrote the inscription “No to ***e” and her detention, as well as a protocol for the seizure of a box of chalk. Alisa Klimentova, in turn, convinced the court that she meant the phrase “No wobble”, and not an anti-war statement. Tyumenka clarified that she has an acute dislike for this type of fish. After hearing the parties, the judge considered that the evidence presented by the police did not confirm the fact of discrediting the RF Armed Forces. As a result, the case was dismissed, and the court ordered the police to return the crayons to the owner.

The police did not agree with the conclusions of the court and asked to return the case for retrial, since, according to the security forces, the court of first instance “did not take into account the presence of all the evidence presented” against Mrs. Klimentova. The united press service of the judicial system of the Tyumen region reported that the Tyumen Regional Court satisfied the complaint and sent the case materials for review.

Alisa Klimentova was surprised by the decision of the Court of Appeal, because she was sure that the police complaint would be rejected. “I don’t know how it will go on. Now it is useless to assume something, ”the portal quotes her. 72.ru.

In total, under the article in question, about 4 thousand cases were considered in Russia, lawyer Stanislav Seleznev told Kommersant, a senior partner in the Network Freedoms project. Moreover, according to statistics, he claims, the courts of first instance in Russia terminated cases under Art. 20.3.3 of the Code of Administrative Offenses of the Russian Federation in only 4% of cases. The appeal also decided to stop such cases more often – in 7-8% of cases. Mr. Seleznev noted that the courts rarely ask the police to prove that certain phrases or other symbols, in which defamation is implicitly expressed, violate the law. More often, judges base their decision on the protocols drawn up during the arrest.

“In cases where the courts dismissed cases, they relied on the presumption of innocence, according to which it is the prosecution that must prove that the person involved has committed an offense. And how to prove that, for example, “no in ***e” is not “no wobble” or another word that starts with “v” and ends with “e”? — commented the expert.

Responsibility for “public actions aimed at discrediting the use of the Armed Forces of the Russian Federation” was introduced into Russian law on March 4, 2022. If the offense is committed for the first time in a year, the punishment follows under Art. 20.3.3 of the Code of Administrative Offenses of the Russian Federation. Sanction – a fine in the amount of 30 thousand to 50 thousand rubles. for citizens, from 100 thousand to 200 thousand rubles. for officials and from 300 thousand to 500 thousand rubles – for legal entities. For a repeated violation within a year, citizens are subject to criminal liability under Part 1 of Art. 280.3 of the Criminal Code.

Ilya Smirnov, Yekaterinburg