According to Judicial Department at the Supreme court of Russia, last year at the economic articles of the Criminal code, all were convicted of 7.7 thousand people. Of them went to jail 896 people.
As specified in the Supreme court of Russia, 7.7 thousand – 70 percent of those who appeared before the court for economic crimes. The remaining cases were closed for various reasons.
At the same time, as pointed out by legal scholars, sometimes the line between economic crime and the usual thin enough. For example, often entrepreneurs accused under article “Fraud”, and investigators in this case are trying to convince all that this is the usual criminal Scam. The same as, say, a shell game, organization Scam or selling someone else’s apartment. Then the accused is not subject to the guarantees provided for business.
the law protects the business from undue pressure. Is a crime – the person has to answer. But we can’t make a criminal investigation in the form of pressure on the business. For example, it is forbidden to withdraw from the company all equipment and documents in the investigation of economic Affairs. Any ideas? Let the consequence understands. But it may not paralyze the work of the company.
the Law had forbidden to hold in jail accused of economic crimes. Last year in an article UPK “detention” was introduced on the edit specifying who is considered the owner and can’t be arrested. So was fixed the loophole that allowed to send to jail businessmen even after the ban. But, as noted by the deputies of the Leningrad region, in other articles of the criminal procedure code is left blank. It allows, in particular contrary to the prohibition, to withdraw the firm’s computers.
of Course, the investigators are entitled to examine the contents of any computer company. But the investigation should not kill the company. And if you pick up the instrument with all contracts, accounting and other work will stand.
So, when talking about the economic crimes, investigators further justification to seize electronic media. For example: it is necessary to carry out the examination of the computers themselves. But in this case, law enforcement officers are required to give entrepreneurs the opportunity to copy the information from the seized gadgets.
If special circumstances do not exist, then the technique should be left to the business after checking on the spot what you need. These rules have been introduced to improve the business climate.
“Guarantee a favorable business and investment climate and conditions for doing business repeatedly declared by the first persons of the country’s leadership as a method of effective solution of tasks of state economic policy in the Russian Federation”, the highlight of Zach��has gained the Assembly of the Leningrad region.
drafted as the authors explain, eliminates legal uncertainty, which are sometimes used by unscrupulous law enforcers. The government, after reviewing the initiative, has supported the project with a small technical comments.
of Course, what protective measures do not apply in normal criminal act, say, murder, rape, robbery. No matter who overclocked on an expensive car to insane speeds and killed a pedestrian, or even several people. Guilty – have to answer, whoever by profession.
In such cases, no one questions if the case is the entrepreneur.
there Are definitely criminal fraud. For example, when some scoundrels calling pensioners and deceit extort money from them. Ways such weight, and it is not economic crimes.
often, However, law enforcement officers are trying to equate to the usual Scam of some action of entrepreneurs, in which their partners were out of money. Indeed, it is sometimes difficult to understand, was it deliberate deception or puncture business.
Amendments to the criminal procedure code will allow you to clearly delimit the cases in which a business is subject to business guarantee and when not.
by the Way, as practice shows, only a few criminal cases for economic crimes, end up in court. At the time the criminal code was amended, strengthening criminal liability for attraction of obviously innocent to criminal responsibility. It also introduced a special penalty for the illegal initiation of a criminal case, “if the act is committed in order to obstruct business.” Law enforcers instituted a criminal case registered at the empty spot on the entrepreneur, the risk to be imprisoned for a term of 5 to 10 years.
However, in practice this article of the criminal code is rarely used. For the year were convicted two people for attraction obviously innocent to criminal responsibility. And for the illegal initiation of criminal cases on entrepreneurs the sentences were not. Most likely, the reason in the fact that in practice it is quite difficult to prove the custom-made nature of the case. That the prosecution during the investigation of the disappeared, does not mean that the original investigators were.
But actively used other humane norm: notaries gained access to the jail to conduct notarial acts. Thus, the entrepreneur, in prison, can write a power of attorney on business management.
