The Judicial Chamber for Criminal Cases at the Supreme Court of the Russian Federation partially upheld a cassation appeal against the verdict and subsequent judicial acts in a case of VAT refund abuse prosecuted as fraud on a particularly large scale
In its appellate ruling, the Judicial Chamber for Criminal Cases at Volgograd Region Court modified the sentence handed down by the trial court by upgrading the punishment from 3 to 5 years in prison. The client’s family contacted ZPartners in the spring of 2017 in the cassation appeal phase. The attorney A.A. Bakradze consistently appealed against the judicial acts and, as a result, the punishment was reduced to the original 3 years in prison. Presently, petition by the client for early release on parole is pending final decision.
The criminal prosecution of the client with the termination of the criminal case initiated on the fact of evasion from fulfilling the obligation to repatriate money in foreign currency or the currency of the Russian Federation was terminated (clause "a" part 2 article 193 of the Criminal Code of the Russian Federation). Lawyer Bureau Belov D.O. in cooperation with his colleagues, succeeded in stopping the criminal prosecution of his client - a large regional entrepreneur, a manufacturer suspected of evading the obligation to repatriate money in the amount of more than three million US dollars.
Ostankino District Court of Moscow returned to the prosecutor a criminal case of embezzlement committed by an organized group in a particularly large amount (Part 4, Article 160 of the Criminal Code), to remove obstacles to its consideration by the court. During the preliminary hearing, the team of lawyers working on the case managed to prove the inconsistency of the text of the indictment, which was earlier charged.
Ostankino District Court of Moscow sent a criminal case on the theft committed by an organized group on an especially large scale (part 4, article 160 of the Criminal Code of the Russian Federation). During the preliminary hearing, the team of lawyers working on the case managed to prove the violations committed by the Prosecutor General's Office of the Russian Federation in determining the jurisdiction, in connection with which, the criminal case was sent to the Nikulinsky District Court of Moscow for consideration on the merits.
The European Court of Human Rights admitted a complaint about excessive pre-trial detention time in a criminal investigation of embezzlement by an organized crime group on a particularly large scale S.Y. Lebedeva and D.O. Belov, attorneys at ZPartners, successfully secured commencement by the European Court of Human Rights of investigation into a complaint by their client about excessive pre-trial detention time. The respondent State has been asked to submit its response on the admissibility and merits of the complaint to be received by the Court by September 17, 2018.
Bail instead of pre-trial detention in a criminal investigation into establishment of an organized crime syndicate (Article 210 of the Criminal Code of Russia) and unauthorized gambling activities (Article 171.2 of the Criminal Code of Russia) Moscow City Court upheld the arguments by the attorney A.A. Bakradze concerning delays in the criminal investigation and turned down the investigator's petition seeking extension of the accused's pre-trial detention, ordering bail instead.