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.
In this regard, the story of my client. M, which was charged with investigating authorities OVD textile workers of Moscow criminal case Nos. 11601450410001013 of a crime under paragraph "d" of part two of article 161 of the criminal code – robbery with violence.
The basis of the charges was based on the results of confrontation with the victim M. sh where sh pointed to my client as the person who committed the crime.
Having examined the case, I, as an experienced criminal defense attorney drew attention to the violations of criminal procedural legislation in the course of this investigation.
In particular the fact that under the pretext of the confrontation was carried identification. Namely, before the beginning of the confrontation, the victim offered to get up and speak. Then recognized his voice and other minor signs.
The petition about the exclusion of the investigative procedure from evidence I pointed out that the testimony of the victim nor of the accused growth, neither age nor clothing, do not match with the actual data. Itself the investigative action carried out in violation of articles 192,193 code of criminal procedure.
In addition, the findings of the investigation about the involvement of my client to the crime was not corroborated by other investigative actions. First and foremost, the conclusion it is judicial-biological examination, according to which things M. no biological trace of the victim.
12 Oct 2017 me, on these grounds, had filed a petition for termination of the criminal prosecution of M. in connection with his participation in the Commission of a crime.
7 December 2017 the prosecution of M. was stopped at the indicated base.
The prosecution of M. lasted for almost a year, and only because of my experience and perseverance, and the patience of the principal, finally was made a legal decision.
If you or your loved ones have been prosecuted, especially in serious articles, be sure to contact an experienced criminal defense attorney. Only he will be able to stop the tricks of unscrupulous investigators and to enforce the requirements of the law.
Sincerely, lawyer for serious criminal cases Vladislav Mikhailovich Lyzhin.