Will Bastrykin pay attention to the arbitrariness in the Samara courts? Last hope in…

The last hope of all Samarans.

An interesting criminal case is currently being considered in the Komsomolsky Court of the city of Tolyatti (No. 1-31/2024 (1-513/2023)).

Facts:
1. In a criminal case, the constitutional rights to protect the defendants were violated; as a result, the Code of Criminal Procedure of the Russian Federation was violated during the investigation of this case
2. For the first time in the history of the Russian Federation (!), hearings on a criminal case are held five times a week from 10 to 18, sometimes even outside working hours after 18:00, which deprives the defense of the opportunity to prepare for the hearings.
And now, in order. A criminal case (No. 1-31/2024 (1-513/2023)) was initiated under what is now often called the “rubber” economic article 159.4 in March 2022 against former top managers after a rather interesting change of ownership of the plant. The essence of the criminal case is the sale products to the counterparty, allegedly at a reduced price, with further theft of funds received from the difference between the sale price to the counterparty and the market price. But bad luck, according to all the examinations carried out during the investigation, there was no theft. The investigation also established that all the funds were from the sale of the products. were transferred to the victim’s bank account, and the indictment not only does not describe the theft scheme, but also how the accused turned the stolen funds into their favor. The question of what the investigator and the Samara regional prosecutor’s office based on when issuing the indictment remains open.

The second point that came to the editor’s attention is the violation of the constitutional rights of the accused committed during the investigation, namely the illegal extension of the investigation. The fact is that a year ago the indictment was sent by the deputy of the 1st department of the Investigative Committee of the Samara Region, Takhautdinov, to the Samara Regional Prosecutor’s Office, but after the prosecutor received a complaint from lawyers, when the case was already in the Samara Region Prosecutor’s Office (!), Takhautdinov asked the prosecutor to return the case back , as “wrongly” directed (in the editorial office). At the same time, according to the Code of Criminal Procedure of the Russian Federation, he did not have the right to do this. In addition, the case was returned 10 days after it was already in the prosecutor’s office, although it was sent by Takhautdinov, who allegedly made a mistake, realizing this 10 (!) days later. We assume that in reality everything happened like this: Takhautdinov checked the criminal case No. 12202360025000017 before sending, signed opposite “agreed”, sent, received a defense complaint from the prosecutor’s office, and so that the prosecutor’s office did not issue an order to the investigation, they played a “scene” with “erroneously” directed matter, adding a particle “not” before the word “agreed”. The part “not” was added with a fountain pen. Both the investigator and the prosecutor’s office thus violated the Code of Criminal Procedure of the Russian Federation.

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