English translation

doc_015

Arguments Against Criminal Charges

Lack of Evidence and Investigation Status

  • At the time the criminal case was initiated and currently, no such facts exist, nor could they exist, despite four months of preliminary investigation.
  • The Main Military Prosecutor's Office cannot answer any questions regarding the complaints, specifically: "To whom did I disclose any information that is allegedly secret?"
  • Disclosed information must contain a state secret. For this to be true, there must be at least some expert conclusion at the time the criminal case is initiated. This conclusion does not exist after four months.

Dissemination of Information

  • Even if some documents kept by the author might be recognized as containing a state secret, the author was not the one who disseminated them.
  • The documents were disseminated by the members of the investigative team who conducted the search at the author's residence, by familiarizing witnesses and T.P. Sementina with these documents, who did not previously possess this information.
  • This information will continue to be disseminated during inspections, expert examinations, court proceedings, etc.
  • The mere fact of possessing documents, even those of special importance, not to mention documents of one's own making marked "secret," does not constitute any crime.

Regarding Part 1 of Art. 285 of the Criminal Code of the RF

  • Only a person acting on orders—that is, lawlessly and illegally, or with signs of the condition "kretino daunito"—could have made the decision to initiate a criminal case under Part 1 of Art. 285 of the Criminal Code of the RF.
Specific Defenses
  1. Lack of Official Capacity: For six years, the author has not held positions related to state secrets, nor any positions in the FSB of the RF. This is known to the GVP staff conducting the criminal case against A.V. Litvinenko, as well as the investigators of the FSB Directorate for the city of Moscow and the Moscow Region.
  2. Nature of Actions: What actions were committed contrary to the interests of the service? The author collected information on the activities of criminal groups in Moscow and reported it to FSB RF leaders who (unlike the author) held official positions. In doing so, the author did not use official powers.
  3. Statute of Limitations: Under this charge, even if there were signs of a crime, the statute of limitations for criminal prosecution has expired in accordance with parts 1 and 2 of Art. 78 of the Criminal Code of the RF.