The loudest in recent years crime story about the shootout at the Elements restaurant, followed by exposure of corrupt officials from the Investigative Committee has received unexpected continuation. With the sentence to one of participants of the conflict, the king of the criminal world of Russia Zechariah Kalashov (Shakro Young) and other defendants in this criminal case happened a legal case.
The defense has said about the substitution of charges, and this entails the recognition of the verdict illegal. The intrigue lies in the fact that if the verdict against Shakro now will not stand, it may fall apart, and another thing – against high-ranking employees of the RCDS accused of accepting bribes from criminals. Before Themis is a difficult choice: either tighten up to pull the blindfold, or to begin anew a process that in total and so took 2.5 years.
Photo: AGN “Moscow”.
Recall that the Nikulinskiy Moscow court in March sentenced Zechariah Kalashov, criminal authority Andrey Kochunov, Edward Romanov, as well as other defendants in the case (12). The Kalash was 9 years and 10 months in prison. It would seem that in the history of the set point. But there it was. In case suddenly surfaced a caveat.
So, in April 2017 all defendants were charged in the final version — the same, which actually went to trial. The existing procedure for all the accused and their defenders handed copies of the charges. The original of this document was, as expected, in a criminal case. After the case was submitted to the court for consideration on the merits (in September 2017) the attorneys saw that the charge is there, different from what is presented them.
– There is, of course, does not say that the crime was committed Kalash and Kochunov and Ivanov and Petrov, says defender Alexander gofshtein. – But there are significant discrepancies. For example, the new indictment says that the attack on Jeanne Kim’s restaurant on Rochdelskaya absolutely including the “unidentified partners” (in our version this was not). Or written about “organized criminal group”. A huge number of discrepancies in the names, surnames, dates, etc.
In fact, more like the fact that the investigation just “cleaned up” the original crude version, it was impossible to find fault. But legally, such “cleaning”, according to the defenders, not that other as forgery and pulls on the 292-th article of the criminal code.
Formally, from the point of view of the law is inevitably going to lead to return business on supplementary examination with all its attendant problems (extending the trial, finding the accused in custody etc.) But since this case is special (it “is” another great thing in relation to IC staff, in particular head USB RCDS Mikhail Maksimenko, who is accused of receiving bribes from people Shakro), the question of further investigation is generally initially were not.
Interestingly, the defenders not once said that the differences found. Maybe that was the trump card during the appeal. But they say, they say, allegedly, because you know — they’ll try not to believe.
– How to confirm his innocence? I will say that the copies that we had, is not certified, although by law this assertion is not required. That is, the prosecution will try to say that lawyers do print something in my office. So we decided to request the courts, which have repeatedly extended the term of detention in respect of all accused (the investigator for consideration during this procedure sends the actual charge). Made sure there documents are identical to ours and different to the main. It’s a bomb that will explode sooner or later, and the verdict will be canceled, may not appeal, but in the high court. Legally because it is a gross error.
I realized that, apparently, not only lawyers. Shortly after the defenders said about fraud in Nikulinskiy court (where the case was heard on the merits), the Deputy Prosecutor of Moscow has written numerous appeal submissions. What are they? The Prosecutor asks to cancel the decision on prolongation of terms of detention imposed based on the allegedly “improper” charges. In his submission he wrote that when the courts have extended the arrest, they did not possess valid charges and that they had directed to them by the investigator by mistake. It turns out that the investigator was wrong more than 20 times (it was in fact two extensions each of 12 participants, and they occurred at different times in different courts). In this hard to believe, but the capital Themis gullible. Five judges of the Moscow city court received the appeal of these performances, instituted production. They recognized that the Prosecutor’s arguments is worthy of attention. 18 may will be considered a string of orders. If you cancel, then they recognize that they got into the court by mistake of the investigator. Thus protection will be deprived of the major appeals of reason.
Then they will demonstrate to the whole society: “the Law is good, but if you really must, you can break it,” says gofshtein. – Demonstrate to the investigators: “If you really need the court you will cover”.
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