MEETING OF THE WORKING GROUP ON CRIMINAL PROCEDURE AT THE MOSCOW BUSINESS OMBUDSMAN

29/08/2024, Tatyana Tsepkina took part in the regular meeting of the Working Group on Criminal Procedure under the Commissioner for the Protection of the Rights of Entrepreneurs in Moscow. According to tradition, the meeting was opened by the Ombudsman of the capital, Tatyana Mineeva, who noted that a third of the appeals to the Commissioner were appeals related to the criminal law sphere, in connection with which legislative initiatives developed by the Working Group can improve the current situation.

 

The participants of the Working Group discussed the draft law prepared by the Ministry of Justice of the Russian Federation in terms of shortening the time for familiarization with the materials of the criminal case, heard an analysis of the practice of substituting a search for an inspection of the scene, about the unequal position of state and non-state experts in the investigation of criminal cases, as well as problematic issues of compliance by investigative authorities with the requirements of part 2.2 of Article 27 of the CPC of the Russian Federation on the termination of criminal prosecution for non-involvement in the commission of a crime.

 

The discussion took place with the participation of representatives of the office of the Commissioner for Human Rights in the Russian Federation, the Institute of Legislation and Comparative Law under the Government of the Russian Federation, the Prosecutor’s Office of Moscow, the General Prosecutor’s Office of the IC of the Russian Federation in Moscow, as well as the expert community, who expressed their opinions on the problems of law enforcement of the discussed norms of criminal procedure legislation.

 

“L&P’s extensive practice in criminal cases confirms that at the stage of familiarization under Article 217 of the Code of Criminal Procedure, investigators begin to rush the defense and limit time, setting unrealistic deadlines for studying multi-volume cases. Meanwhile, familiarization with the materials of the criminal case at the pre-trial stage is extremely important from the point of view of the defense and provides for the collection of additional exculpatory evidence before drawing up an indictment. I believe that there is no need to establish a three-month period for familiarization at the legislative level, since there is a judicial procedure for limiting the time of familiarization, which is quite sufficient in case of abuse of the right by the defense party,” says Tatyana Tsepkina.