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Moscow. December 31st. INTERFAX.RU – oppositionist Alexei Navalny, who was sentenced to probation for “Yves Rocher case”, is unlikely to face any sanctions for violation of house arrest. Lawyers believe this is due to the lack of legislative responsibility convicted of such an act.
“The issue of changing the measure of restraint can not be discussed now, as the current status of Navalny is not reflected in the norms of the Criminal Procedure Code,” – said “Interfax “Wednesday’s lawyer Olga Mikhailova.
So she responded to a question about the possible development of the situation related to the return of the court representation FSIN change the preventive measure Navalny, who left his apartment, where he is under house arrest pending appeal against sentence.
“In proceedings before the appeal court will not discuss preventive measure, as will be the subject of the sentence. In addition, the FPS is not a participant in the process,” – said Mikhailov.
For his part, lawyer Vadim Kobzev told the news agency that “after the verdict is not possible to hold a meeting on the proposal of the Federal Penitentiary Service,” a violation of the conditions of the prisoner.
“The trial is over. To the arguments of the Federal Penitentiary Service (to change the measure of restraint – IF) have been considered, they would have to wait until the appeal. But the idea of the FSIN is meaningless, because the very house arrest is valid until the appeal “- said Kobzev.
Code of Criminal Procedure for prisoners
According to the article 107 of the Criminal Procedure Code, house arrest as a preventive measure shall be elected by a court order against the suspect or the accused and it is being in full or partial isolation from the society in the community, with the laying of restrictions and prohibitions and implementation of his control.
The same article Code of Criminal Procedure states that if the violation of the terms of performance as a preventive measure of house arrest there had been a suspect or the accused after the court proceedings, this preventive measure may be modified on the proposal of the Federal Penitentiary Service.
In this case, the Criminal Procedure Code does not provide for the house arrest of the convicted person, including a suspended sentence. Accordingly, the law and there is no any responsibility for the violation of this restriction.
The detention on Manezh Square
On the eve Zamoskvoretskiy Court in Moscow sentenced opposition leader Alexei Navalny to 3 5 years probation, and his brother Oleg – to 3.5 years in a penal colony. The court ruled that prior to the entry into force of the sentence will contain Bulk under house arrest. Bulk brothers accused of fraud on a large scale and money laundering companies “Yves Rocher” and “multidisciplinary processing company”.
On the same day evening, Alexei Navalny, violating house arrest, came to the center of Moscow, where after the verdict came on unauthorized rallies supporters first, and then the opponents opposition. Navalny was arrested and taken to the place of residence.
On Wednesday morning, in the Federal Penitentiary Service reported that the materials on violation of the opposition regime of house arrest forwarded to the Zamoskvoretskiy Court of Moscow. Yet soon, the press service of the court stated that “with regard to representation of the FSIN Navalny was returned because the sentence already imposed and the provisions of the Criminal Procedure Code, in this case, the application can not be”.
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