Legal Arguments Regarding Criminal Proceedings

Procedural Issues

• Inquiry vs. Preliminary Investigation:
  • An inquiry is prescribed by Part 4 of Article 222 of the Criminal Code of the Russian Federation (and Part 1 of Article 126 of the Code of Criminal Procedure of the RSFSR).
  • A preliminary investigation is conducted for this type of crime only if the prosecutor deems it necessary.
  • The criminal case file lacks substantiated instructions from the prosecutor justifying a preliminary investigation over an inquiry under Parts 1 and 4 of Article 222 of the Criminal Code of the Russian Federation.
  • Consequently, the preliminary investigation for these types of crimes is being conducted illegally.

Allegations of Planting Evidence

Regarding Part 1 of Article 222 of the Criminal Code of the Russian Federation, the following points are raised:

• Motive for Planting: There is no doubt that the ammunition was planted in the apartment to initiate a criminal case against the author, either to create grounds under Part 1 of Article 222 of the Criminal Code of the Russian Federation or by any other means.

• Disputability of the Crime: Even the charge itself is disputable based on the following points:

  1. Intentionality Requirement:

     • The specified crime requires intent. If the individual was unaware of the ammunition's presence, there can be no criminal liability.
     • The ammunition was specifically planted on the eve of or on the day of the search to initiate a criminal case out of revenge for the press conference held in November 1998, of which the author was a participant.
     • The planting is reasonably demonstrated by the fact that criminal cases were initiated without grounds under Part 1 of Article 285, Part 1 of Article 283, and Part 4 of Article 222 of the Criminal Code of the Russian Federation.

  2. Legal Opportunity for Mitigation:

     • If the ammunition had been kept, the author, as a lawyer, would have utilized the provision in Article 222 of the Criminal Code of the Russian Federation, as voluntary surrender of weapons and ammunition exempts a citizen from criminal liability.
     • The failure to take advantage of the opportunity during the search is deemed an absurdity.

  3. Discovery Location:

     • The location where the ammunition was found (in a box for office supplies above the desk, where the child constantly climbs) raises significant questions and indicates the ammunition was planted, and done so in haste.
     • The location is problematic because:
       • It could have been discovered immediately.
       • It was closer to the workspace, whereas the author kept holsters and accessories for combat weapons in another room, high off the floor, on the top shelf.