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Date: 2 weeks ago   Category: Law

House arrest for Kalvi — the investigation decided that is possible


Actually — it is necessary. If to follow logic of the 108th article of the Code of Criminal Procedure which forbids to take into custody during preliminary investigation Michael Kalvi (at the left) after change of a measure of restraint from detention on house arrest in Basmanny Court. Photo: Stanislav of Krasilnikov/TASS For some reason in society there was an opinion that businessmen under the law cannot be sent into custody. It's not true. It is possible. The businessman — the same person, he can rob, kill somebody and so on. But there is the 108th article of the Code of Criminal Procedure. It directly forbids arrest for fraud. If is the most important — it was committed in the enterprise sphere. Kalvi's business is Part fourth of Article 159 "Large scale fraud". And the Code of Criminal Procedure just also says about this article: if business then not to put in prison during the investigation. This measure was specially entered not to destroy business, not to destroy jobs. Especially enterprise affairs often do not come to court at all, collapsing at an investigation stage. But all these arguments did not prevent to keep the investor nearly two months in the pre-trial detention center.I it is not the only case. About why the ban on arrest works not always, the managing partner of lawyer bureau "ZKS" Denis Saushkin argues. Denis Saushkin the managing partner of lawyer bureau "ZKS" "Whatever was the good law, practice of its application all the same will nullify any good rushes. In due time changes to Article 108 of the Code of Criminal Procedure were made in disputes between businessmen the pre-trial detention center bludgeon was not used. But practice bypassed this ban. Investigators just do not recognize activity as enterprise. And how many the Supreme Court explains that the businessman cannot be arrested, and things are right where they started — arrest and it will be continued. Until the Supreme Court as judicial supervision does not begin to cancel packs similar decisions on arrest, will arrest both founders, and the CEOs, and other managers. And in Russia in a different way does not work". In a case with Kalvi business reached to the point of absurdity. In the 1990s it arrived to Russia to make investments in our companies. And not only to the financial sector where it is possible to get fast profit, but also to the real sector. And when there was a criminal case, the investigation said that it can leave Russia, it is an U.S. citizen, and for some reason did not mention that it just arrived. Moreover, it, most likely, had an opportunity to disappear, but he did not make it. And even behind bars (can be, it is just fine gesture, but nevertheless) urged foreigners to invest in Russia. Here it is worth remembering dozens of bankers who were not arrested for some reason, allowed to take out money abroad and quietly to leave. Only after that initiated proceedings and arrested already in absentia. We will not discuss in detail now the transaction which formed the basis of business of Michael Kalvi. Perhaps, the businessman is guilty, possibly, no. But in all civilized world there is a practice — not to arrest

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