«Unreasonable decisions.» In Russia stopped the first criminal case under article 282 of the

© Depositphotos / AndreyPopovМолоток and handcuffs on the judge’s Desk«Unreasonable decisions.» In Russia stopped the first criminal case under article 282 of the© Depositphotos / AndreyPopov

Criminal case on 282-th article for extremism in social networks — began to stop. «The first swallow» was the story of the guard from Krasnoyarsk Andrey Bezborodov. On his page in «Vkontakte» he has kept thirteen is not the most innocuous images. Saved him that none of the subscribers have not «liked». In the end, the authorities decided that the public harm Bezborodov their publications did not cause, the case was dismissed «in connection with absence of crime event».

Controversial pictures

Several memes are portrayed in a negative light women going out with foreigners, making fun of the Holocaust.

«I didn’t mean to offend anyone, it was an old picture, which at the time of the search, I already forgot to think — says Bezborodov. They were published, by the way, in the period from 2015 to 2017. — Yes, it was unwise. But I did not publish them, did not comment. Image left in your personal folder Saved on your page. During the search I suggested to staff when they remove your account. I did so after the police left. But the case is still opened».

At the same time in the resolution on termination of criminal prosecution provided some other information. Bezborodov allegedly at the time of creating the page was interested in the history of Ancient Russia, considered himself a believer, and therefore negatively perceived relationships girls with young people of other nationality.

Analyzed images in the language of the expert-consulting centre in Barnaul. There have been researching for a sensational cases Motunau Mary and Daniel Markin. Eight months off «went under». He was lucky — it was not included into the list of terrorists and extremists, which implies blocking of all Bank cards.

In that case can close, could not believe neither the defendant nor his lawyer. But on 30 September they are on hand to issue a ruling on termination of criminal prosecution «in connection with absence of crime event».

«The result felt that the time these pictures no one «liked» or «reposted», it means that the offence is of a minor nature. As the Supreme court explained that when assessing actions aimed at inciting hatred or enmity, should be based on the nature and degree of public danger of the offense. In a situation of my client it is minimal,» explains the lawyer Bezborodov Vladimir Vasin.

In this case there is another nuance — the results of a psychiatric examination Bezborodov was declared insane.

«Against this item, my client protested most vehemently — draws attention to Vasin. — He works as a security guard has a permit to carry weapons, not just passed the medical Commission».

The lawyer suggests that to put on the wrong track experts could direction to a psychiatric clinic, which the army Andrew had received from the military. «However, all the test he then had no complaints, was not.»

«The verdicts will be revised»

In recent months the attitude of the 282-th article in society and in law enforcement have noticeably warmed up. Thus, the Supreme court in this judgment in cases of «extremism in the Internet» calls to explore not only the controversial posts, but all of the content on the page of the accused in the complex. In addition, it is emphasized that even if the act of a person subject to the formal elements of the criminal offence, it is not necessary to convict for minor consequences.

However, the major shift occurred thanks to Vladimir Putin. On the third of October the President in the Duma introduced a bill on partial decriminalization of article 282 of the criminal code. According to the document, «beginners» who have committed a misdemeanor the first time, should be exempt from prosecution. Now their cases will be considered as administrative.

«After the entry into force of the amendments of the case under investigation, will be stopped, — explains in an interview with RIA Novosti lawyer Alexey Bashmakov. — The same on which the sentences, revise. If the convict has already served the sentence, information about criminal records removed from the database of the MVD. It should be noted that many of the 282-I article is paired with 148-j — «violation of the right to freedom of conscience and religion». And the persecution will continue.»

Besides, says the lawyer, decriminalization does not entail the right to rehabilitation that does not suit some of the defendants «memnik» cases.

«For example, I support Daniel Markin from Barnaul, and he expressed his disagreement with the order. It was chased into the home with a search warrant, he had to go to the courts. But for spent time and nerves will not get a penny of compensation. I must say: it is only his personal opinion. In my opinion, positive practice, especially if this is the first step to something bigger,» said Bashmakov.

He also recalled that after the amendments have entered into force for the publication of the controversial posts online will be followed by an administrative penalty. However, if during the year the person will commit the offence again, he would be judged criminally.

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