Not by Courts Alone…
On August 23 Criminal Defense Firm Senior Partner Alexey Kasatkin and Lawyer Daniil Gorkov were invited as experts to a Moscow City Business Service Centre ‘Business Defense’ session. The session focused on analyzing strengths and weaknesses of a Ministry of Justice of the Russian Federation draft law aimed at filling the gaps in the criminal procedure legislation, including clarification of grounds for detention of those accused of financial crimes.
To prevent procedural red tape and maintain guarantee of the criminal procedure participants’ rights, CDF experts suggested:
i) defining and evaluating legal grounds for criminal subjects’ detention in a detention facility;
ii) enshrining the time for the prosecution to decide on a pre-trial restriction in the form of detention;
iii) if failed, considering such pre-trial restriction impossible.
CDF’s position thereof is the tendency of the government agencies to support decriminalization and humanization of criminal and criminal procedural laws should exhibit clarity and confidence in business and legal communities’ representatives.
‘I believe that every additional guarantee for a subject, entrepreneur, to a criminal case during bail hearing is both helpful and vital. This not only saves from illegal detention, but lays the groundwork for a higher level of efficiency of the law enforcement’, said Alexey Kasatkin during the session.