Courtroom of the constitutional court
Photo: Vadim Zhernov / TASS
The constitutional court confirmed the legality of article providing for criminal responsibility in the case that three times in six months had violated the rules of holding rallies
The constitutional court (CC) confirmed the legality of imposing criminal liability in the case that the rules of holding rallies has been violated three times within 180 days. About it reports RBC.
The resolution issued on the complaint of Ildar Dading, who became in 2015 the first Russian convicted under this provision of the law. Dading is serving in a colony of a 2.5-year period.
The court continues to announce his decision.
The COP decided that the basis for criminal responsibility is not the same offense for which the person has previously at least twice brought to administrative responsibility. Thus, the court does not see the disputed article 212.1 of double punishment for the same act.
According to Dading, the norm of the law provides for criminal liability for formal violations of the established order of organization or holding of a peaceful public events solely on the basis of the fact of repeated such violations. According to the complaint, the article allows to bring a criminal case before will come into effect all decisions of courts on Affairs about administrative offences. Also the norm of the law allows the use of the materials of the administrative cases as evidence of guilt in a criminal case.
The police four times detained Ildar Dading for violation of order of holding rallies in the period from August 2014 to January 2015. Each time he was brought to administrative responsibility.
Contested Davnym article 212.1 of the criminal code was introduced in 2014. The maximum penalty is five years imprisonment.
In the previous meeting of the COP, representatives of the two chambers of Parliament, the President and the government insisted that the article complies with the Constitution and was asked to dismiss the complaint Dading. According to the official representative of the Federation Council to the constitutional court, Senator Andrey Klishas, the rule of law needs to be modified in the direction of tightening. In his opinion, the period of 180 days, which is taken into account when determining repeated violations may be increased to a year.