453
The jury? there have not heard!
Riot jury
The Supreme Court has angered twelve Muscovites
Twelve angry citizens "blew up" last week, the legal community. The Supreme Court overturned the acquittal by jury on charges of "bribery century" - against the former investigator of the Investigation Committee Andrei Grivtsova. In response, the jury has publicly opposed the Supreme Court, and in fact - against the gradual elimination of the jury in the country.
The jury, last fall acquitted the accused of extorting bribes to record, recently gathered again. At this time, at a press conference. The occasion was the cancellation of the decision by the Supreme Court and returned the case for retrial. "First of all, we direct the deepest feelings of resentment and injustice because of how easily and completely spurious grounds was canceled, our unanimous decision. After the abolition of the verdict we suddenly clearly understand that we have no right to remain silent, otherwise we are not citizens of a great democratic country, as extras in the circus called "trial by jury" "- formulated the jury his reasons in a letter to the president, prime minister and three other high-ranking officials .
Case millions
The point is this. In January 2010, he was arrested Andrew Grivtsov - investigator for particularly important cases of the main investigation department of the UPC. He led several major cases of raider attacks in Moscow and St. Petersburg. According to the prosecution, Grivtsov with accomplices, "using the materials of the criminal cases pending in its production," extort 15 million dollars at the head of the concern "Rosenergomash" Vladimir Palikhata. At the same time Grivtsov and his defense argued that about any bribe he has never heard of it, and putting forward such an accusation, Palikhata trying to rein in zealous investigator.
In a conversation with a reporter "PP" dismissed today from the UK Grivtsov he said that was "simple soldier" of the agency. This is hardly true - he was very serious business people: the brother of former head of the military prosecutor Sergei Savenkov, First Deputy prefect of the North-East of Moscow Joseph Reyhanova, deputy head of the St. Petersburg UBOP Vladimir Sych.
It is logical that in an epic battle around the case Grivtsova attended by many VIPs. For example, for "command Palikhata" played its own security department of Ministry of Internal Affairs and Senator Lyudmila Narusova, wrote two dozen requests to law enforcement agencies and became a witness at this trial. On the side Grivtsova by a number of members of the Federal Assembly (including such heavyweights like Alexander Korzhakov and Vladimir Rushailo).
Power clans and elected officials have fought mostly under the carpet, but the work with public opinion, too, was carried out. Showered with violent articles in which Grivtsov appeared in two forms - as a "bribe-taker record holder" or "victim of the Raiders».
Moreover, the authors appealed materials not primarily for the masses, and to the jury that considered the case. As a result, the jury returned a verdict: Grivtsova unanimously found not guilty, but the fact of the offense unproven.
But it took three months, and has already intervened in the matter, the Supreme Court. He overturned the acquittal because of the fact that the defendants and their lawyers "were rendered illegal influence, which influenced the formation of the views of the jury."
We have two months to give life to this process »
- Represent, in the Supreme Court says, for example, that the lawyers "working on the jury by shouts and gestures" - amazed Grivtsov. - But where it may be known to the judges the sun, if they have taken a decision on the appeal from the prosecution - there is nothing that is not specified - and court records, where the tone and gestures, in principle, are not fixed?
Without going into details, we can say that this case is however controversial and precedent so: with the wording of Moscow City Court canceled the verdict of acquittal for the first time.
- We gave two and a half months of life in the process. Threw the case went to court as a job, to penetrate, to think about all of this constantly, a huge responsibility - said the foreman of the jury Irina Utkin. - Learn a lot of evidence, the clock will listen wiretapping, scribbled a bunch of notebooks. As a result, we came to a unanimous decision. But the Supreme Court half an hour better than we understood: that affect us, we were not objective. If I could have caused some of us in the sun on a conversation - we'd arrived. But no, it's obvious. As if we were little children. But we are adults, all with higher education, among other things. I personally have no sympathy for no one of the participants in the process: they are all there are good ... But we are judged according to the law and justice, and that in the sun sit professional judges do not give them the right to humiliate us, exposing some goofy, unintelligent people.
Jurors are not wanted
Unique for Russia riot jury - another reason to think about the role played by national courts in the gradually dying institution. Introduced in the new Russian legislation on the sunset of the USSR, a jury recently rapidly losing its influence. Three years ago by the decision of the Constitutional Court of the competence of lay judges took the case of terrorism and crimes against the state. And from January 1 this year, come into force new amendments to the Criminal Procedure Code, which actually leave the jury only the opportunity to review cases of murder with aggravating circumstances. The fact that the Constitution guarantees this right only to those defendants who are facing the death penalty (even at her and moratorium). As for the other matters in the Basic Law does not say, and this benefited the legislators in reforming the judicial system.
- Malicious tendency to reduce the jurisdiction of the jury, unfortunately, obvious, but in an amicable way it should be exactly the opposite - says President Bar Association of Moscow, Henry Reznik. - Look at our professional justice: that the tribunals do not imply justification, that the presumption of innocence is replaced by the materials of the preliminary investigation. Doubts judges are not tested, and if they are experiencing, that contrary to the law treat them not in favor of the accused.
In accordance with the new Criminal Procedure Code the proceedings Grivtsova will now be carried out in the district court. And no jury - only professionals. The probability of remaining at large in this case, according to statistics, less than one percent. Now Grivtsov says never expected from the investigators as blatant manipulation of facts and striving to give black as white, was grateful to the jury for their principled and thoughtful attitude. Ironically, it is only recently in an address to the head of the UK Bastrykin proudly wrote: "To the disciplinary proceedings was not involved. & lt; ... & gt; Acquittals for had. "
Source:
The Supreme Court has angered twelve Muscovites
Twelve angry citizens "blew up" last week, the legal community. The Supreme Court overturned the acquittal by jury on charges of "bribery century" - against the former investigator of the Investigation Committee Andrei Grivtsova. In response, the jury has publicly opposed the Supreme Court, and in fact - against the gradual elimination of the jury in the country.
The jury, last fall acquitted the accused of extorting bribes to record, recently gathered again. At this time, at a press conference. The occasion was the cancellation of the decision by the Supreme Court and returned the case for retrial. "First of all, we direct the deepest feelings of resentment and injustice because of how easily and completely spurious grounds was canceled, our unanimous decision. After the abolition of the verdict we suddenly clearly understand that we have no right to remain silent, otherwise we are not citizens of a great democratic country, as extras in the circus called "trial by jury" "- formulated the jury his reasons in a letter to the president, prime minister and three other high-ranking officials .
Case millions
The point is this. In January 2010, he was arrested Andrew Grivtsov - investigator for particularly important cases of the main investigation department of the UPC. He led several major cases of raider attacks in Moscow and St. Petersburg. According to the prosecution, Grivtsov with accomplices, "using the materials of the criminal cases pending in its production," extort 15 million dollars at the head of the concern "Rosenergomash" Vladimir Palikhata. At the same time Grivtsov and his defense argued that about any bribe he has never heard of it, and putting forward such an accusation, Palikhata trying to rein in zealous investigator.
In a conversation with a reporter "PP" dismissed today from the UK Grivtsov he said that was "simple soldier" of the agency. This is hardly true - he was very serious business people: the brother of former head of the military prosecutor Sergei Savenkov, First Deputy prefect of the North-East of Moscow Joseph Reyhanova, deputy head of the St. Petersburg UBOP Vladimir Sych.
It is logical that in an epic battle around the case Grivtsova attended by many VIPs. For example, for "command Palikhata" played its own security department of Ministry of Internal Affairs and Senator Lyudmila Narusova, wrote two dozen requests to law enforcement agencies and became a witness at this trial. On the side Grivtsova by a number of members of the Federal Assembly (including such heavyweights like Alexander Korzhakov and Vladimir Rushailo).
Power clans and elected officials have fought mostly under the carpet, but the work with public opinion, too, was carried out. Showered with violent articles in which Grivtsov appeared in two forms - as a "bribe-taker record holder" or "victim of the Raiders».
Moreover, the authors appealed materials not primarily for the masses, and to the jury that considered the case. As a result, the jury returned a verdict: Grivtsova unanimously found not guilty, but the fact of the offense unproven.
But it took three months, and has already intervened in the matter, the Supreme Court. He overturned the acquittal because of the fact that the defendants and their lawyers "were rendered illegal influence, which influenced the formation of the views of the jury."
We have two months to give life to this process »
- Represent, in the Supreme Court says, for example, that the lawyers "working on the jury by shouts and gestures" - amazed Grivtsov. - But where it may be known to the judges the sun, if they have taken a decision on the appeal from the prosecution - there is nothing that is not specified - and court records, where the tone and gestures, in principle, are not fixed?
Without going into details, we can say that this case is however controversial and precedent so: with the wording of Moscow City Court canceled the verdict of acquittal for the first time.
- We gave two and a half months of life in the process. Threw the case went to court as a job, to penetrate, to think about all of this constantly, a huge responsibility - said the foreman of the jury Irina Utkin. - Learn a lot of evidence, the clock will listen wiretapping, scribbled a bunch of notebooks. As a result, we came to a unanimous decision. But the Supreme Court half an hour better than we understood: that affect us, we were not objective. If I could have caused some of us in the sun on a conversation - we'd arrived. But no, it's obvious. As if we were little children. But we are adults, all with higher education, among other things. I personally have no sympathy for no one of the participants in the process: they are all there are good ... But we are judged according to the law and justice, and that in the sun sit professional judges do not give them the right to humiliate us, exposing some goofy, unintelligent people.
Jurors are not wanted
Unique for Russia riot jury - another reason to think about the role played by national courts in the gradually dying institution. Introduced in the new Russian legislation on the sunset of the USSR, a jury recently rapidly losing its influence. Three years ago by the decision of the Constitutional Court of the competence of lay judges took the case of terrorism and crimes against the state. And from January 1 this year, come into force new amendments to the Criminal Procedure Code, which actually leave the jury only the opportunity to review cases of murder with aggravating circumstances. The fact that the Constitution guarantees this right only to those defendants who are facing the death penalty (even at her and moratorium). As for the other matters in the Basic Law does not say, and this benefited the legislators in reforming the judicial system.
- Malicious tendency to reduce the jurisdiction of the jury, unfortunately, obvious, but in an amicable way it should be exactly the opposite - says President Bar Association of Moscow, Henry Reznik. - Look at our professional justice: that the tribunals do not imply justification, that the presumption of innocence is replaced by the materials of the preliminary investigation. Doubts judges are not tested, and if they are experiencing, that contrary to the law treat them not in favor of the accused.
In accordance with the new Criminal Procedure Code the proceedings Grivtsova will now be carried out in the district court. And no jury - only professionals. The probability of remaining at large in this case, according to statistics, less than one percent. Now Grivtsov says never expected from the investigators as blatant manipulation of facts and striving to give black as white, was grateful to the jury for their principled and thoughtful attitude. Ironically, it is only recently in an address to the head of the UK Bastrykin proudly wrote: "To the disciplinary proceedings was not involved. & lt; ... & gt; Acquittals for had. "
Source:
