Eduard Budantsev still not convicted, limitation expires in a month
The Prosecutor's Office demanded the inclusion of another article in the case of the lawyer who shot employees of the private security company controlled by Shakro Molodoy. This can protract the investigation of the case and give Budantsev, whose period of prosecution expires in a month, the opportunity to avoid trial.
The Prosecutor General's Office returned the case against former KGB officer and lawyer Eduard Budantsev, accused of Murder Committed in Excess of the Requirements of Justifiable Defense (Art. 108 of the Criminal Code) to investigators. During a firefight near restaurant Elements in Rodchelskaya Street, he fatally shot two employees of the private security company, controlled by thief in law Shakro Molodoy. The limitation for Budantsev to be brought to justice in this case expires on December 14, 2017. Sources of the publication Kommersant suggest that the investigation is being deliberately dragged out.
During the shootout in Rodchelskaya Street, Budantsev wounded another employee of Shakro Molodoy's company, Eduard Romanov. This episode can be classifies as Intentional Infliction of Injury to Health of Average Gravity (part 2 of Art. 112 of the Criminal Code). Until recently, the investigation has not assigned the status of the victim to Romanov, contrary to his demands. In October, while preparing the final indictment against Budantsev, the investigator completely excluded the episode with his wound. However, the Prosecutor General's Office declined to affirm this decision.
This week, Romanov has already been recognized as a victim in the case of Budantsev, Kommersant sources say. The investigation obtained the results of the examination, which assessed the severity of his injury. However, Romanov himself and his lawyer have not yet been familiarized with these documents, as they daily participate in trials on the case of extortion of 8 million rubles ($135.000) from the owner of Elements restaurant Zhanna Kim. Romanov is a defendant in this case and kept in the remand center.
Since the reasoning part of the decision of the Prosecutor's Office and the results of the forensic medical examination of Eduard Romanov are not known yet, opinions of the participants in the trial on the possible consequences of this decision vary. According to the source of Kommersant, various power and law enforcement agencies are undertaking "serious measures" for the future of Budantsev.
There are two versions of the possible consequences of the prosecutor's decision. According to one of them, the investigation of Budantsev's case is tried to be protracted. The term of bringing a person to criminal liability under Art. 108 of the Criminal Code is two years, which expire on December 14, 2017. If by this time the case of Budantsev is not transferred to court, the investigation will have to halt it, albeit for non-rehabilitating reasons.
However, if the lawyer is also charged with causing harm to the health of Romanov, his responsibility will be extended for another three years, and he will not be able to steer away from the trial.
The fact that the case of Eduard Budantsev was returned to the investigation became known on November, 9. The lawyer was released on recognizance not to leave the place.
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