“each incoming request of the investigator on the use of remand in custody against the suspect or the accused of committing crimes, envisaged by parts 1-4 of article 159, articles 159.1-159.3, 159.5, 159.6, 160, 165 and 201 of the criminal code, an individual entrepreneur or a member of the management body of a commercial organization, you should check, whether given in the resolution on initiation of motion and are attached to the resolution of the specific information supporting the conclusion that, what incriminated the offence is committed not in connection with the implementation of its business activities and (or) management of its property, used for entrepreneurial activities or not in connection with the exercise of powers for the management of the organization or in connection with the implementation of a commercial organization entrepreneurial or other economic activities”, – stated in the decree of the Plenum.
the fact that often the law enforcement officers trying to pass off as an ordinary criminal Scam of some action within the business. For example, an entrepreneur got the money, but could not do the job. May indeed have had some problems. But maybe he originally wanted to deceive the partners. The result is often trying to prove that was the second option. Although the code of criminal procedure prohibits the arrest on charges of economic crimes, law enforcement officers often try to pretend that talking about the usual criminal Scam.
Now, as pointed out by the Supreme court, the result in your petition must prove that the alleged crime is not directly linked to the economic activities of the accused. There will be no such evidence, the petition must be dismissed.
Indication of any ulterior motive of the suspect or the accused or the method of disposal of stolen property, for example, personally appropriated or used for the purpose of business, cannot serve as the basis for recognition of acts committed outside business activities.
