Criminal lawyer

Criminal Prosecution Case

Situation:

The head of one of the tax service departments, Sh., Was accused of attempted large-scale fraud (19 million rubles) using her official position under part 3 of article 30, part 4 of article 159 of the Criminal Code of the Russian Federation. Sh. Was detained in accordance with Art. 91 of the Code of Criminal Procedure, then a preventive measure in the form of a recognizance not to leave was chosen for her.

Task:

The client assigned the lawyers the task of ending the criminal prosecution or re-qualifying his actions as negligence.

Actions taken:

At the request of the lawyer, the court twice returned the criminal case to the prosecutor in order to eliminate the deficiencies of the indictment and to conduct an additional investigation. The Moscow City Court dismissed the appeal of the prosecutor against the decision to return the criminal case to the prosecutor. As a result, by the decision of the investigator of the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow dated December 30, 2017, the criminal prosecution of the client was terminated due to the absence of corpus delicti.

Result:

The result — by the decision of the investigator of the Main Directorate of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for the city of Moscow dated December 30, 2017, the criminal prosecution of the client was stopped for lack of corpus delicti.

Alexey Borisov
Senior Partner, Attorney

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