Moscow City Court to check initiation of criminal case against Nikandrov, Maksimenko and Lamonov
Nikandrov’s lawyer believes that if the instance requested case papers there is a chance that its initiation will be recognized illegal, and persons involved will be released.
Moscow City Court initiated cassational cultivation on claim of lawyers against first deputy head of the Main Investigation Directorate of Investigative Committee in Moscow Denis Nikandrov.
According to Business FM, higher instance requested materials of the criminal case on accusation of three high-ranking officers of ICR in taking of a bribe from thief in law Shakro Molodoy (Young) from Lefortovo Court of the capital.
Criminal case against head of Main Directorate of Interdepartmental Interaction and Personal Safety of ICR Mikhail Maksimenko and his deputy Aleksander Lamonov was initiated on July 16. Subsequently Federal Security Service emitted from it materials concerning Nikandrov, and several days later chairman of ICR Aleksander Bastrykin personally initiated the case against him as against “special subject”. Later deputy Prosecutor General Yuri Chaika, Victor Grin ordered to consolidate cases in one cultivation and hand it to FSB of the Russian Federation for further investigation “for the purpose of objectivity”.
Lawyers insist that the FSB had no rights to initiate and even investigate this case. According to Nikandrov's defence, this task was a case of the Investigative Committee.
Nikandrov's defenders, in particular, refer to Article 448 of the Code of Criminal Procedure of the Russian Federation, in which it is said that criminal cases against chiefs and investigating officers of higher investigating authorities should be initiated personally by the head of the Investigative Committee of Russia or his deputy.
The cassation also concerned two other persons involved. In spite of the fact that Maksimenko and Lamonov were not investigating officers, according to their posts they still belong to a management of the ICR (part 3 Art. 4 of the Federal Law “On Investigative Committee”), therefore their cases should have been initiated also by the Investigative Committee.
However, on August 3 Lefortovo Court recognized initiation of proceedings legal, three weeks later the Moscow City Court confirmed this decision, after what Nikandrov's lawyers in accordance with the established procedure filed a writ of appeal.
As spokesman of Moscow City Court Ulyana Solopova told Business FM, if during the established 30 days bases for reconsideration of the case are revealed, then it will be submitted for a meeting of presidium of the Moscow City Court.
Nikandrov’s lawyer Aleksey Mezentsev noted that the decision of the Moscow City Court to request the case of his client again encourages optimism as usually writ of appeal is returned at once. However, according to the managing partner of lawyer bureau Sokolov Trusov and Partners Fedor Trusov, such scenario is exceptional. “Case is too resonant in order that the Moscow City Court passed the decision for benefit of defense, he considers. In this case, they will have to terminate the case and release the defendants from custody what is improbable”.
To recall, Nikandrov, Maksimenko and Lamonov were arrested on July 19 this year. The Russian Investigative Committee officers were suspected of Bribe-Taking (part 6 Art. 290 of the Criminal Code of the Russian Federation) from accomplices of thief in law” Zakhary Kalashov. According to the investigators, the high-ranking Russian Investigative Committee officers tried to requalify case of “the right hand” of Kalashov, Andrey Kochuykov, known as Italiyanets (Italian) for one million euros, in consequence of what he could have been released. The arrested deny their guilt.
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