The Duma approved the proposal to release to court for participation in “SVO”
The State Duma approved in the first reading a bill stating that Russian defendants can be released from criminal prosecution if they express a desire to go to war in Ukraine. The bill was also approved, according to which the defendants can conclude contracts with the Russian army during the period of mobilization or martial law.
If the law is adopted, amendments will be made to the Criminal and Criminal Procedure Codes. As RBC clarifies, in the event of a decision to conclude a contract with the defendant, the criminal proceedings in his case will be suspended, and the criminal prosecution will be terminated. The restraining measure chosen in relation to the person who concluded the contract will be canceled. At the same time, if there are several people involved in the case, then in relation to those who did not enter into a contract, the court proceedings will be continued.
Mobilized defendants and contract defendants can be fully released from criminal liability after receiving a state award or dismissal from military service (due to age, health, due to the end of the period of mobilization, cancellation of martial law, or expiration of military service).
Those who are under investigation, but their cases have not yet been brought to court, or those who have already been convicted, have the opportunity to release themselves from responsibility after signing a contract and going to war.
“What savings in court proceedings and financial costs will result from the adoption of these changes! Why conduct an expensive procedure of a full-fledged judicial review, especially in complex multi-episode cases with a large number of participants in the proceedings, if it is possible to satisfy the defendant’s request at the preliminary hearing, allowing him to go to the SVO zone under the contract ?” – “Kommersant” quotes lawyer Robert Zinoviev.
- Both bills were submitted to the State Duma in August: the first – on the initiative of the Supreme Court, the second was prepared by the heads of the committees on constitutional legislation and state construction of the Duma and the Soviet Fed, Pavel Krasheninnikov and Andrey Klyshas, as well as the chairman of the defense committee of the lower house, Andrey Kartapolov.
