Termination of criminal proceedings in a military court

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.

Any of us, managing a car is a potential criminal, because no one is immune from tragic situation. It is simple carelessness led to a chain of factors that resulted in its collision with another vehicle that caused the death of a person and injuries to another passenger in this accident.

On the advice of his friends, my principal approached me as a lawyer to protect the rights and interests of servicemen. At the stage of a criminal investigation, victims and the accused soldier was on point, as reported by the investigator in the form of petitions for termination of the criminal case, however, the investigator refused satisfaction of appeals on formal grounds, because in fact, the investigative bodies are the performance in respect to court - "cane system."

The above dorozhno-transport incident with participation of my client was committed far beyond the Moscow region and by the Supreme court of the Russian Federation managed on my request to change territorial jurisdiction on the Moscow garrison military court, where I already have an extensive experience of doing business in the protection of personnel.

In the Moscow garrison military court in the proceedings in the General order, since the military Prosecutor stated that he did not wish to consider this case in a special manner, me, a soldier and defender of the victims were declared the petition about the termination of the criminal case in connection with reconciliation of the parties, taking into account the will of victims of reconciliation with the defendant, as follows from the statements of victims, the defendant was a soldier with them to terms and make amends for harm, and therefore obligatory for the termination of criminal case the conditions established in article 25 of the code of criminal procedure and article 76 of the criminal code have been met.

As explained by the Plenum of the Supreme Court of the Russian Federation, in clauses 9 and 10 of the Ordinance of 27 June 2013 № 19 "About application by courts of the law that describes the grounds and procedure of exemption from criminal liability" exemption from criminal responsibility in connection with reconciliation with victims is feasible if the following two conditions necessarily: reconciliation of perpetrators with victims and smoothing down of the caused harm in the form of financial payments.

Similar explanations are given in paragraph 16 of the resolution of Plenum of the Supreme Court of the Russian Federation of December 9, 2008 №25 "On judicial practice in cases on crimes related to violation of traffic rules and operation of vehicles and their illegal acquisition without the plunder purpose".

The legislator sets the conditions the fulfillment of which allows you to make a decision on termination of criminal proceedings in connection with reconciliation of the parties, namely, the reconciliation of the accused with the victims and reparation, this should be a balance between the collection of data on the identity of the accused relative to the offense. In addition, the court's adoption of such decisions shall be allowed only if the crime is a random episode in the life of the defendant and the only criminal offence that he embarked on a criminal path.

The Moscow garrison military court on 17 April 2017, having considered the petition of the victims, the defendant serviceman and the above arguments I have decided to terminate the criminal case against my defendant, accused of committing a crime under part 3, article 264 of the criminal code, on the basis of article 25 UPK the Russian Federation – in connection with reconciliation with victims.

In my practice as a lawyer, there are many cases for the protection of the rights and interests of servicemen. My main goal is to minimize the punishment or to stop criminal proceedings against a soldier.

Sincerely, the lawyer for the military Marxist Vladislav Lyzhin.

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