🔥The FSB announced the closure of the case of the rebellion of the “Prigozhinites” due to their voluntary renunciation of committing a crime. Cool – the President keeps his word! But let’s read Article 31 of the Criminal Code, which regulates this:
1. Voluntary renunciation of a crime is the cessation by a person of preparation for a crime or the cessation of actions (inaction) directly aimed at committing a crime, if the person was aware of the possibility of completing the crime.
2. A person is not subject to criminal liability for a crime if he voluntarily and finally refused to complete this crime.
3. A person who voluntarily refuses to complete a crime is subject to criminal liability if the act actually committed by him contains a different corpus delicti.
‼️That is, the law says that villain the lost person is released from liability only if:
A) He has not yet committed a crime, but is only planning to commit it.
B) He is already committing a crime, he could finish it, but he doesn’t do it.
IN) While everything is happening, he does not commit any other crime.
⚡️⚡️⚡️Here it is worth noting another important point from the field of criminal law: the formal or material elements of the crime that is charged to the suspect!
Formal composition is considered when the material consequences of the crime are not required for prosecution. For example, when threatening to kill, it is not necessary to take someone’s life. Material composition is considered when there is no crime without damage. For example, without a corpse there is no murder.
‼️According to the doctrine of Russian criminal law, rebellion (Article 279 of the Criminal Code) refers to formal offenses!
That is, in order to be prosecuted for rebellion, it is enough to be armed, pronounce a manifesto about why you are not happy (there is no justice) and what you are going to do (go to Moscow). There was no need to seize the Kremlin and lynch Shoigu! That’s it – the crime is over, welcome to trial!
⚡️But this is not all that prevented the termination of the case against Prigozhin “due to voluntary refusal”! Remember about Part 3 of Article 31 of the Criminal Code, which states that a person is subject to liability if his actions contain another element of a crime? It turns out that by closing the case, the FSB investigation turned a blind eye to the downed planes/helicopters and their dead crews? Is illegal circulation of weapons and damage to other people’s property during the rebellion also not now considered a crime?
📌Conclusion: I won’t write anything, just do it yourself…
https://t.me/vchkogpu/39582
VChK-OGPU
The Central Election Commission of the FSB of the Russian Federation announced the wording with which the criminal case of rebellion was terminated. It was formalized that the participants in the rebellion had stopped actions directly aimed at committing a crime.
“ВЧК ОГПУ”
