"Oh, Mukha, what have you done." Lawyers tell what awaits thieves after abdication of first crime boss
Some lawyers believe that the police are cunning, forcing the thieves to renounce the title, while others are sure that the cautious Mukhametshin predicted their plan and got out.
59-year-old Oleg Mukhametshin (Mukha), officially abandoning the status of a thief in law, caused a lot of gossip in different circles.
Both the thieves' world and operatives are wondering if this renunciation will save him from a possible charge under article of the Criminal Code of the Russian Federation 210.1 “Occupation of a supreme position in the criminal hierarchy,” and who of the crime bosses will be inspired by the actions of Mukha, and whether the act is a provocation.
Recall, on Friday, August 16, a video appeared where the thief in law Oleg Mukhametshin, known as Mukha Lyuberetsky, wrote a statement and confirmed on a video camera: “...I am not a criminal authority, thief in law and so on.”
Presumably, such a rapid renunciation of his status is due to the fact that when the crime boss was detained at the airport on the way to Sochi, he was taken to a room where he was informed that he was detained under the new article 210.1 on thieves.
“He was offered a choice – either write a waiver of status, or go to the department,” says the source of Moskovsky Komsomolets, “he chose the first.”
“Oh, Mukha, Mukha, what have you done,” the source of the publication laments. He talked about Mukha, that he was very careful, did not spend more than 40 minutes in any place. At the same time, he stated that the “Slavic” wing of the thieves, which included Mukha himself, was unhappy.
It is worth noting that a number of lawyers have their own vision of this incident. “What he did is surrender,” lawyers said. They are convinced that by such a refusal he confirms that he was a "crowned thief." “So now the very same article can be applied to him,” the experts said. They are sure that if there is no recognition, then belonging to the highest criminal hierarchy would have to be proved, and it is not the fact that the investigators could have done it.
According to lawyers, if a person refuses status, then at the same time he confirms it, and they immediately remind him that confession mitigates punishment by only one quarter of the maximum term. That is, such a thief secures 11 years in prison for himself.
Experts also shared another legal ploy. There is article 31 of the Criminal Code “Voluntary abandonment of a crime,” but thieves do not fall under it, as the crime is considered completed when they are recognized in it. A number of lawyers are firmly convinced that the rejection of the status of thief in law is a move invented by the police. According to them, the investigators released Mukha and are waiting for the others to write similar statements after him. And the police only have to wait a bit, and then overnight increase the disclosure of this article, and at the same time of related crimes. After all, the thief, in addition to refusal, must report 2 episodes of previously unknown, or unsolved crimes.
At the same time, most lawyers are confident that Mukha himself "got off easily." He was released after the "recognition-renunciation", and is unlikely to be detained again. In addition, they drew attention to the details of the statement of the cautious thief. To the question of the investigators, what was the reason for the refusal, Mukha answers: “I just don’t consider myself like that, I wasn’t like that.”
The source is sure that the outrage of the criminal world over the actions of Mukha is precisely connected, most likely, with the fact that he showed a good example, and this goes against the thieves traditions.
At the same time, a number of experts on criminal culture indicate that in a criminal environment, a refusal is considered to be real if pronounced among “their own.” They cite the example of 2014, where the 60-year-old native of Belarus Alexander Timoshenko, known as Timokha Gomelsky, said to the employees of the capital’s Main MIA Directorate, “I am not a thief and I have never been a thief. I am a pensioner, disabled person and no one else.”
The expert says that at the same time, Timokha remained the right hand of the very patriarch of the criminal world Yaponchik (Vyacheslav Ivankov).
Other lawyers point out the weakness of the article of the Criminal Code of the Russian Federation 210.1, since it is valid only from April 1, 2019. They believe that prosecutors or courts will request evidence of belonging to the highest criminal hierarchy, collected precisely after this date. But in fact, so far no one knows the exact answers. Therefore, the thieves, investigators and lawyers are waiting for the first judicial practice, where everything will be decided.