Up to 300 thousand citizens can avoid criminal convictions after decriminalization of minor crimes

Up to 300 thousand citizens can avoid criminal convictions after decriminalization of minor crimes

MOSCOW, January 26. Up to 300 thousand people will be able to avoid convictions in the case of adoption developed by the Supreme court of Russia of the bill on decriminalization of minor articles of the criminal code. This was announced at a roundtable at the Russian state University of justice Deputy President of the Supreme court of the Russian Federation Vladimir Davydov.

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The Supreme court has made in the state Duma the draft law on decriminalization of several articles of the Criminal code

He recalled that the Supreme court has prepared a bill on the decriminalization of minor offenses, which also includes “a new order of exemption from criminal liability, a number of measures that would encourage the cessation of criminal prosecution without assignment of punishment.”

Davydov reminded that the day before the bill was supported by the specialized Committee of the state Duma and in February will be submitted for consideration in the first reading. “The law is serious. If passed, the criminal liability will be withdrawn about 300 thousand persons (a year – approx.). This optimistic Outlook”, – he said.

Davydov said that although over the past 10-15 years the number of admissions in the courts of criminal cases decreased from 1.2-1.3 million per year to 1 million, “their structure has also become different.” “Previously committed a minor offence ranged from 15 to 20%, now that figure stands at 46 to 48 per cent,” he said.

“And this trend has not been in 2014, and started from 2002-2004. Has been creeping substitution into the overall criminal record of crimes of grave and especially grave crimes of medium gravity”, – said the Deputy Chairman of the Supreme court.

Suspicious solution

According to Vladimir Davydov, the Supreme court intends to examine cases where detainees were released by decision of the investigator within a few days.

“In practice there are such negative cases, when we, the judges, the decisions on election of a measure of restraint in form of detention, and the investigator the next day cheating on her on recognizance not to leave”, – said Davydov. According to him, there have already been 35 facts, when detained in prison were released by a decision of the investigator in the course of a week in Krasnoyarsk Krai, Rostov oblast, Kabardino-Balkar Republic.

According to him, the Supreme court intend to review such cases and make appropriate conclusions. “So there was no reason to imprison?”, – said Davydov.

Wrong arrest

Vladimir Davydov acknowledged that the unlawful arrest resent the population more than unsuccessful start of the rocket.

He noted that since the transfer function of detention from prosecutors to judges in 2004, the number of such solutions has decreased in 3 times. “When the arrest was authorized by the Prosecutor, in the year was arrested around 400 thousand people. In the last year of application of this procedure is 365 thousand, – said Davydov. – Today, arrested about 140 thousand people a year. If in 2004 was arrested 221 thousand people, in 2014 – 131 735 thousand persons”.

Most of the decisions on remand in custody is warranted. “This is evidenced by the percentage of contested decisions on detention: for minor crimes on appeal to 8%, moderate – up to 10%, serious crimes – up to 15%. That is, out of 100 decisions on detention on appeal only 15. So no need to dramatize the situation – that arresting everyone”, – he stressed.

“But the thing is that a single erroneous judicial decisions can be the spoon of tar in barrel of honey. The population is not very interested in where the missiles flew and landed in the ocean of 6 billion rubles. But a wrong arrest is a major public outcry, and rightly so,” said the Deputy Chairman of the Russian Supreme court.

“Unfortunately, in court practice there are still cases of formal approach. Such cases cause a public outcry and quite fair criticism of the citizens,” said Davydov.

As an example, he cited the decision of the district court of Budennovsk in the Stavropol region, who chose detention of a woman suspected of fraud to 700 thousand rubles. “The defense pointed out the woman’s age – 73 years, disability group ll, the disease is diabetes mellitus. Besides, she was Chairman of the Committee of soldiers ‘ mothers in the area. Nevertheless, the decision was made. The judge with one stroke of all the arguments overturned. And the ending of the story that brought her in jail that she was not accepted, referring to the order of the Ministry of justice on the prohibition of detention in the presence of serious diseases,” said Davydov.

“So, in a detention center in the course of this, and the judge in the course. In the end, the Prosecutor brought the submission and two days later she changed the measure of restraint on recognizance not to leave, and then the decision was reversed,” said Deputy Chairman of the Supreme court.