On Wednesday the court of Moscow city the Train made a decision about payment of compensation activist Ildar Dadina for illegal criminal prosecution. The only convict on criminal charges 212.1 about repeated violations at rallies praised inflicted harm in 5 million, but was awarded a different amount.
Recall that the Dading was deprived of his liberty for more than two years. In January 2015, a criminal case was opened in February, he was placed under house arrest, in December 2015, the court sentenced him to 2.5 years in prison. In the colony Dading spent more than a year, and, while in the IR-7 Carelli region, he informed about the torture
In February of this year the constitutional court of the Russian Federation has considered the complaint of the activist, which stated that article 212 of the criminal code, which allows for any repeated violation of order of carrying out any mass actions even jail for up to 5 years, contrary to as many as 11 articles of the Constitution.
KS completely from Davnym disagreed, acknowledged that the article was constitutional, but could apply it only in the case if the violation is “repeated actually caused or could cause harm to human health or damage to someone’s property.” Dading their pickets such harm on anyone could not, therefore, following the decision of the constitutional court, the Supreme court decided to cancel the sentence and to recognize the right of the Dading for rehabilitation.
The right to rehabilitation is regulated by the Criminal procedure Code (article 133 of the code of criminal procedure). The document States that harm caused to a citizen as a result of criminal prosecution, is compensated by the state and includes the right to compensation for property damage and elimination of consequences of moral harm – that is, this is an official apology to the Prosecutor for the state.
Citizen has the right to redress including, if the conviction was reversed, as in the case of the Dading. However, the rules by which compensation is calculated, in Russia, the law only stipulates that it includes compensation of wages, which a citizen had lost as a result of criminal prosecution, fines and procedural costs imposed by a court judgment, payment of legal fees and “other expenses”.
Lawyer Dading Alex lipcer explained that the activist asked to pay him 5 million rubles at the rate of “approximately 5 thousand rubles for the day of detention”. Before the start of the meeting in conversation with “MK” he doubted that the court will award compensation Dadina in that volume, in which he asks. “Experience shows that such amounts do not usually give, explained lipcer. I saw the amount of the order of 300-500 thousand rubles.” Ultimately, the court partially satisfied the claim of opposition and ruled that the Ministry of Finance of 2 million 200 thousand rubles in favor of the Dading. Alex lipcer not rule out the possibility that the defense will appeal the decision.
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