Zakharchenko’s lawyers claim violation of assumption of innocence at property confiscation
According to the defense of the accused, 9 billion rubles ($144.6m) have to be returned to the apartment where they were seized, if they are no longer material evidence.
Investigators hid that the billions of former Head of the General Administration for Economic Security and Combatting the Corruption T Department of the Interior Ministry (GUEBiPK) Colonel Dmitry Zakharchenko ceased to be considered material evidence. This was stated by lawyer of the accused Alexander Gorbatenko. According to him, the decision to recognize the money found in Zakharchenko's apartment material evidence was canceled back in September 2017. Thus, 9 billion rubles have to be returned to where they were seized, MK writes. But the Prosecutor's Office filed a lawsuit with the Nikulinsky court over the reverse of funds to the state's revenue, as illegal means. Although the origin of the billions was not established.
"The Nikulinsky court quashed the Constitution article on the presumption of innocence. Judging by this decision, it is possible to come and take away any property from any person if he or she cannot explain the origin of the means," Gorbatenko was indignant.
Zakharchenko's defense filed an appeal with a demand to revoke the decision to convert money to state revenue, but so far it has not been considered.
It should be noted that during the execution of the property confiscation it was found out that part of the money seized from the Colonel was missing. The theft was discovered during the recalculating of funds in Sberbank. The shortage amounted to about 120 million rubles. On May 31, it became known that the ICR conducts a pre-investigation check on the theft of this money.
Earlier, more than 9 billion rubles, seized from Dmitry Zakharchenko, were transferred to the account of the Russian Federal Treasury. As the press service of the Investigative Committee reports, the investigation into Zakharchenko has been completed. He was charged with taking two bribes (Article 290 of the Criminal Code) and preventing preliminary investigation (Article 294 of the Criminal Code). The property of the Colonel-Billionaire’s family was reversed into a state income on December 1, 2017. In addition to money and jewelry, 11 apartments, 16 cars, and four elite cars were confiscated. According to the investigation, the Colonel bought all this property for "doubtful incomes."
Initially, the defendants in the case had been charged with embezzlement through swindling in the amount of 225 million rubles ($3.3 million). In the final version of the indictment, the article was changed to 1.5-billion-ruble ($22.45 million) embezzlement.