Should not - do not put -

Should not - do not put

Those accused of tax evasion will be able to pay during the trial.

Should not - do not put

The Supreme Court of Russia has submitted draft amendments to the Criminal Procedure Code to the State Duma, which introduces more humane rules for those accused of tax evasion. The defendant will be able to pay off his debts during the process and will get a chance to remain a free person.
As Vladimir Gruzdev, the chairman of the board of the Russian Bar Association, recalled, according to the law, an accused who has fully compensated the treasury for damage has the right to count on the termination of criminal prosecution for tax and similar crimes.
"But the damage must be repaid before the first court hearing in the case is scheduled. This introduces unjustified restrictions. The Supreme Court proposes to expand the time frame, and this proposal should be supported," said Vladimir Gruzdev.

The draft proposes to amend article 28-1 of the Code of Criminal Procedure.

If the proposed amendments to the Code of Criminal Procedure are adopted, it will be possible to compensate the damage at any time before the court is removed to the deliberation room.

“According to the Judicial Department under the Supreme Court of the Russian Federation, 190 people were convicted under article 199 of the Criminal Code (tax evasion from organizations) in six months,” says Vladimir Gruzdev, chairman of the board of the Russian Bar Association. “Of these, 150 were convicted of tax evasion from organizations committed by a group of persons by prior conspiracy, or on a particularly large scale. The initiative of the Supreme Court will allow for wider application of measures that encourage accused to voluntarily compensate for the damage caused by them. "
In the case of full compensation for damage, the court will have the right to terminate the criminal case and release the accused from criminal liability. But, as stressed by the chairman of the board of the AYR, this decision will be made taking into account all circumstances.

“The prepared proposal is part of the measures of the Supreme Court of the country aimed at protecting entrepreneurs from excessive criminal prosecution and improving the practice of holding accountable for economic crimes,” Vladimir Gruzdev emphasizes. “For example, it is planned to adopt a new ruling of the plenum of the Supreme Court with explanations of issues related to bringing entrepreneurs to criminal responsibility, and the proposals that are already supported by the Supreme Court regarding the ogre are important in this context. icheniya the application of Article 210 of the Criminal Code "Organization of criminal community ..." in cases of economic crimes. "
Recall, on the eve of the deputy chairman of the Supreme Court of Russia during a meeting of the D.N. Club Zamyatnina (Minister of Justice during the judicial reform of 1864) said that the Supreme Court of Russia supported the idea of limiting the application of Article 210 of the Criminal Code "Organization of a criminal community ..." so that it would not be used in cases of economic crimes.

According to experts, today in practice, often law enforcement agencies begin to accuse of creating a criminal community of businessmen working in the same company. Someone is a CEO, someone is an accountant, someone is generally a courier. If someone committed an economic crime at the company, the same tax evasion, then they try to tie all more or less involved to the case. Courier related documents? Did the driver give the accountant a ride? So, everyone should be judged as a group.

Meanwhile, the essence of this article of the Criminal Code is still different, the prosecution must prove that people had specially gathered to commit crimes, discussed the roles, acted at the same time.

Source: Russian newspaper

20.12.2019 06:03:56
(Automatic translation)

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