Crime lord Shakro Molodoy was illegally kept in jail for three months
This conclusion was made by the Presidium of the Moscow City Court. Kalashov's lawyer Alexander Gofshtein believes that on the eve of the appeal, the agency wants to deprive them of the essential arguments and hide the apparent falsification.
The Presidium of the Moscow City Court found the detention of thief in law Zakhary Kalashov and his two accomplices for three months illegal, Business FM reports, citing the court's press service.
The Moscow Prosecutor's Office appealed to the court with the submission to review the decisions of the Tverskoy Court of Moscow and the Moscow City Court on the prolongation of the arrest of Zakhary Kalashov and two other defendants in the criminal case of extortion Herson Hamidov and Nikolay Nikolaev. The petition was filed by Moscow's deputy prosecutor Vladimir Vedernikov.
Satisfying the request of the Prosecutor's Office, the Presidium of the Moscow City Court canceled and forwarded the decision to prolong the period of custody for Kalashov, Hamidov and Nikolaev in the first case for 20 days (until July 4, 2017), and in the second - for another two months and 11 days (until September 15, 2017) for further consideration to the Tverskoy Court of the capital and the first instance of the Moscow City Court. All three, as well as another 11 people, were accused of two episodes of Extortion (part 3 of Article 163 of the Criminal Code) in 2015-2016: 8 million rubles ($129.400) from the owner of the Elements restaurant on Rochdelskaya Street Zhanna Kim and 10 million rubles ($121.800) from the businessman Lev Garamov. On March 29 the Nikulinsky court of Moscow sentenced them to different terms of imprisonment. Crime lord Zakhary Kalashov got nine years and ten months of a strict regime colony.
The reason for the Prosecutor's Office's appeal to the Presidium of the Moscow City Court was the mismatch in the plot of the charges brought against the defendants at the investigation and the allegations presented in court. The lawyers found more than 14 controversies.
For example, the documents listed different initials of some of the accused, wrong car plates; moreover, in the first case the deceased persons, Filip Domaskin and Alexey Kitaev, were called participants in the criminal community, and in the final case - participants in the criminal group. At the same time, the Nikulinsky court dismissed the verdict in respect of Andrey Kitaev owing to the death, and the case of Filip Domaskin was returned to the Prosecutor's Office. Also, new wording appeared in the indictment - "unidentified accomplices" and "especially large-scale extortion," as well as the date of the commission of criminal acts committed by defendant Prokhorov against injured Lev Garamov, which was not mentioned in first version case.
It should be noted that Zakhary Kalashov's lawyer Alexander Gofshtein thought that the agency wants to deprive kingpin's defense of one of the essential arguments and conceals the apparent falsification.
According to Gofshtein, the argument about the illegality of the verdict was to become the main one when considering the appeal of the defense against it. According to Kalashov's defense, the courts must recognize the existence of the only plot contained in the indictment.
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