At the end of 2015 to me, as a lawyer, specializing in criminal cases, as this topic is close to me as a former investigator, was contacted by a citizen of "P" and said that in relation to it has criminal case in court of the Moscow region, accused him of committing a crime under article 116 of the criminal code.
I agreed to provide qualified legal assistance to the citizen "R".
At the beginning of February 2013 the investigating bodies of Moscow, was questioned as a witness insane and in jail of a citizen "With", which said that the citizens of I, K, W, N and commit crimes, namely murders of persons of non-Slavic appearance in Moscow.
After testimony deranged "From" the investigators appeared the suspects apprehended, "beat out" indications (surrender) and arrested.
The parents of one of the accused, a citizen "I" asked me for my attorney's help in the criminal case.
In our life there are circumstances from which no one is immune. Including criminal liability, namely under article 264 of the criminal code the violation of a driver, traffic rules, entailed on imprudence death of the person.
According to the judicial practice in such cases the main evidence in the Commission of this crime is the technical expertise on the circumstances of the accident and even if there are violations of traffic rules by a pedestrian, but according to the results of the examination will determine guilt of the driver, to avoid criminal liability will not work.
For the acquisition, possession of drugs in a significant amount of marijuana more than 6 grams of heroin, more than polugramma - criminal liability. Possible punishment – imprisonment up to three years or a fine up to 40 thousand rubles.
The law says, and we know that the perpetrators of the crime is the person who committed it deliberately or by negligence. Thus, according to the letter of my law, the Trustee through negligence has committed an offense under part 3 St. 264 criminal code did not foresee the possibility of socially dangerous consequences of his actions, though with the necessary care and prudence should have and could have foreseen these consequences.
Cases where investigators conducted procedural actions in violation of the code of criminal procedure, in the practice of lawyers in criminal cases are quite common.
Sometimes only on the basis of evidence obtained by questionable means, allegation, elected a preventive measure.
Protection of the rights of victims of crime - duty of investigators and prosecutors. They should take appropriate measures to identify the perpetrators of criminals, the damage from crimes.
But not always, law enforcement officers are properly doing their job. Sometimes due to incompetence, sometimes of bad faith.
Many citizens subjected to unlawful criminal prosecution, do not use the right to compensation for moral damage. Sometimes because of ignorance about this possibility.
Criminal procedural legislation guarantees the right of every suspect in a crime to qualified legal assistance including free.
I was approached by the citizen "sh" due to the fact that he was the culprit. Civil liability of the citizen "sh" was insured on OSAGO and dsago. In the accident injured party, the citizen "C" has been paid insurance indemnity within the statutory limit on the CTP 120,000 rubles. The cost of repair of the victim's vehicle exceeded 300,000 thousand rubles, but the insurance company "Alliance", under the contract of Voluntary insurance of civil liability of the citizen "sh" (limit 1000000 rubles) refused to compensate the aggrieved party, the citizen "C", the difference in the cost of repair, as the car was not presented until the repairs specified in an insurance company, although this clause in a contract is contrary to applicable law.