Business Ombudsman to protect entrepreneurs from accusations under gang creation article

Business Ombudsman to protect entrepreneurs from accusations under gang creation article
Boris Titov

According to Boris Titov, businesspeople have to be non-triable under gang creation article apart from those who are accused of counterfeit cash production.

The Business Ombudsman, Boris Titov, sent a letter to Head of the Presidential Administration of the Russian Federation Anton Vaino, in which he asked to correct the norms of Art. 210 of the CPC (Creation of the Criminal Community), about participants in business activities. According to Kommersant, Presidential Commissioner for Entrepreneurs asked for a clarification - the article does not apply to persons who are criminally liable under one of the articles provided for by chapter 22 of the Criminal Code of the Russian Federation (Crimes in the Economic Sphere). Art. 186 of the Criminal Code (Storage, Manufacture, Transportation or Sale of Counterfeit Money or Securities) may be the exception. According to Titov, this will prevent pressure from security forces on business, especially after the President’s initiative to tighten the gang creation article.

He also proposes to exclude cases over non-execution or improper execution of “civil law transactions made in writing” from the criminal procedure sphere. Boris Titov made a special reservation that we are talking only about those contracts that were not recognized by the court as invalid or feigned. Also, the Business Ombudsman proposed the Prosecutor’s Office to create a register in which all allegations of crimes, from the moment of their submission, movement of materials, initiation of a criminal case, etc., will be covered. These processes will reduce the risks of possible violations and abuses.

Recall that the State Duma adopted the bill introduced by Vladimir Putin on toughening the punishment for the creation of an organized criminal community (OCG) and participation in it in the second reading. In particular, it is proposed to increase the minimum sentence from 5 to 7 years in prison, and increase the fine from 500 thousand rubles to 3 million rubles. It is recommended to increase the penalty to 5 million rubles for the creation of the gang.

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