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Tuesday, February 20, 2018

Russia’s first criminal case of non-information was the subject of criticism


In Russia brought the first criminal case under article “Failure to report a crime” – the Prosecutor’s office of the Chechen Republic was charged with her groznentsy the Ashab Hizriev, which, according to the investigators, knew but not told about the intention of his friend to go to banned in Russia LIH in Syria.


photo: Natalia Gubernatorova

We will remind that article “failure to report a crime” came into force in the summer of this year, after the adoption of the so-calledSpring package”.

Pro features new articles of the criminal code, we told the lawyer Alexander Vostrikov: “the Problem is that in fact this article is, in essence, forbids a citizen to withhold information on the persons preparing the crime, but also determines his duty to report them.

In this case, in my opinion, there is a contradiction with the Constitution and Federal law. In accordance with article 33, 45, 55 of the Constitution of the Russian Federation ensuring the safety of citizens is a public service, and citizens are obliged to facilitate the disclosure and investigation of crimes, unless otherwise provided by Federal law.

In addition, the new article is designed so that its name does not match the content. On the basis of its disposition of the felony failure to report a specific person, but not about the fact of the crime.

That is, if a citizen knows anything about the crime, but knows nothing about the individuals who prepare, he doesn’t have anything to report to the competent authorities.

Moreover, according to this article, it is extremely difficult to determine clear criteria when to consider that the citizen knew about a specific person who prepares the crime and had the opportunity to report such incidents. It turns out, in each separate case, it will remain on the conscience of our most humane in the world of the judges.”

source

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