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Sunday, February 18, 2018

The case of Eugenia Chudnovets should change the practice of punishments for reposts


The teacher of the Ekaterinburg kindergarten was sentenced to real term for the repost in the social network. Russian society at different levels did not approve the verdict of the regional Themis. While lawyers prepare to appeal the verdict, the state and the public going to help the Ural social worker to come out and want to meet with representatives of the child victim to know why they require a stricter punishment for her.

On Tuesday it became known that the lawyer Eugene Chudnovets intends to appeal the judgment on the defendant under sentence of Kurgan regional court to five months imprisonment.

“The lawyers of the Public chamber has considered this matter and, to put it mildly, were surprised by the verdict”

It is worth noting that the original district court sentenced to six months imprisonment. The regional Prosecutor’s office appealed the decision and asked to commute the sentence in view of the excessive severity of the punishment. At the same time, the legal representative of the injured juvenile in the appeal, on the contrary, demanded to toughen the sentence for a period up to one year of imprisonment. To communicate with the newspaper LOOK, she refused.

As reported to Interfax the lawyer Chudnovets Maria Kirillova for her client’s “important to protect his reputation”:

“Of course, she’s intent on spreading no pornography was not, – said the Agency lawyer. And it, of course, resent the time that kind of fought for the rights of others, wanted to attract attention, to punish the perpetrators of these events, but it turned out that she was in the prison”.

The lawyer intends to file a cassation appeal to the Presidium of the Kurgan regional court. In defense of the condemned was made by the Commissioner for human rights in Sverdlovsk region Tatiana Merzlyakova.

“We will help to liberate, – commented the Ombudsman. – There are two options only, how can we help: I tonight I will write a detailed letter to Tatyana Nikolaevna Moskalkova, the Commissioner for human rights in Russia, we are sending copies of the documents with the recovery. In our view, the penalties are rather formal, they may be imposed on orders from above. In our view, the Prosecutor’s office of Kurgan region can also remove these penalties, so today I will offer you to do the Deputy Prosecutor General for the Ural Federal district, that he sent to his colleagues in Kurgan oblast. She has a January 27 deadline for parole today… We left a list of documents that are necessary to pardon. She said she will try by February 1, to collect them, and we try to go that route. So in February, we will refer to the Governor of the Sverdlovsk region to the President for clemency”.

We will remind, Evgeny Chudnovets made on his page in the social network repost a video with a naked child in one of the camps the City, hoping thus to draw people’s attention to child abuse. The case has received massive public outcry. Presidential Commissioner for children’s rights Anna Kuznetsova protested the verdict, after which the Kurgan regional court reduced the sentence Chudnovets to five months.

However, the Chairman of the Investigative Committee Alexander Bastrykin has instructed the Central office of the Department to verify the objectivity of the investigation. And the Deputy from “United Russia” Alexander Sidyakin has asked to evaluate the actions of the district Prosecutor, who demanded to Chudnovets five years in prison.

At the same time, the President of Russia Vladimir Putin in December last year noted that the repressive organs need careful work, excited for the end user activity in social networks:

“Under the sly, it is impossible to sum up all that whatever is handy, this is definitely a must neatly understand”, – concluded the Russian leader.

“The lawyers of the Public chamber has studied this matter and can say, to put it mildly, were surprised by the sentence, – shared her impressions on the case Chudnovets, the Chairman of the security Commission of the Public chamber of Russia, Chairman of the Presidium of the Russian public organization “Officers of Russia” Anton Tsvetkov. Tomorrow we will send the queries in this case in a number of relevant departments and submitted to us documents – the expert-analytical Department of the Public chamber. I have to say, the outcome of these documents were surprise and confusion, and it concerns how the investigation and trial. I want to note that lawyers of the Public chamber is made up of former investigators in the ranks of colonels and generals.”

Flowers said he was ready to meet with representatives of the affected minors to understand what is the essence of their claims to Chudnovets. Earlier on his page on Facebook he wrote that he does not understand what crime was committed kindergarten teacher, for which she was given a real term, and what comes from it social danger.

“The key moment in this case is a motive, which, in my opinion, neither the investigation nor the court was not engaged, – has shared with the newspaper VIEW his vision of the resonant case the first Deputy Chairman of the Duma Committee on state building and law, candidate of legal Sciences Mikhail Emelyanov. – If Chudnovets repost this video, for example, in pursuit of sensation, or for the sort of glamorous bravado, this behavior is unlikely to be deserving of leniency. If she did it in order to fight injustice is an entirely different conversation.”

According to attorney and expert in the field of law Alexei Mikhalchik, which he expressed in conversation with the newspaper VIEW, the intent Chudnovets the investigation has not been proved, therefore, the protection makes sense to seek justification condemned:

“Like and repost, assuming the theory of criminal law, may constitute the crime if the presence of criminal intent of the defendant. Here the woman, by contrast, wanted to create a public outcry to protect children. So intent I don’t see”.

source

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