Date: a week ago   Category: People

Experts spoke violations in trial of Oleg Sorokin


On March 7, 2019 the Nizhny Novgorod district court sentenced the former head of Nizhny Novgorod Oleg Sorokin to ten years of imprisonment, and the former police officers Evgeny Voronin and Romana Markeeva to five and a half and five years of imprisonment respectively. Protection of defendants claimed that process abounded with a huge number of logical disagreements and it is possible to call it absurd. Join assessment of a scandalous sentence experts — lawyers, famous in the country, to whom "the Kommersant of FM Nizhny Novgorod" set a number of questions, characterizing the most doubtful moments of process. One of the main claims of lawyers, convicts were numerous refusals of court, to call the witnesses who are on the side of protection. The first Prosecutor General of the Russian Federation in 1991 — 1993 Valentin Stepankov considers that if to recognize that the judge is guided by the law which obliges also him, and the investigator comprehensively and fully to investigate proofs, then it will grant the right to interrogate the witness, to ask questions especially as it can, having seen that interrogation goes not towards a proof subject in court, to remove this question or, having listened to one question, to tell: "It is clear to me: you did not witness, and speak according to someone, this doubtful certificate". The adviser of Federal chamber of lawyers Eugeny Rubenstein claims: "If the party brought the witness into the court house and filed a petition for his interrogation, then the court has no right to dismiss the petition, and such witness has to be interrogated". Moreover, the systematic refusal in the satisfaction of reasonable petitions of the party of protection for interrogation of witnesses can testify to personal, direct or indirect interest of the judge in the outcome of the case and cause the statement of the petition for removal of the judge. The federal judge in resignation Sergey Pashin reminds: the law demands that interviewed all witnesses and satisfied all petitions important for business. The vice-chairman of the Constitutional court in resignation Tamara Morshchakova categorically passed an opinion on refusals of court in familiarizing of written proofs of protection: "All proofs necessary for business and having relation to it, have to join in an object of research of court". "The Code of Criminal Procedure of the Russian Federation excludes an opportunity to refuse randomly as obtaining proofs for which the party of protection petitions and in their attaching to case papers" — the member of Association of lawyers of Russia Vyacheslav Leontyev confirms. On a question: if criminal case inseparably linked with earlier considered in which there are important proofs whether the court these materials has to attach to materials of new criminal case is considered in court, the adviser of Federal chamber of lawyers Eugeny Rubenstein answered: "The court has no right to dismiss the petition for a research in court session of materials of another criminal case and familiarizing with materials of the first criminal case of the photocopies certified by court as proofs if they matter for full, comprehensive and an object

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