The Moscow City Court upheld the verdict Alexei Navalny and Oleg. At the end of last year, they were found guilty of embezzling 31 million. Rubles. in the case of “Yves Rocher” and partial legalization of funds. The court sentenced Oleg Navalny to three and a half years in a penal colony. Alexei Navalny has been assigned to the same punishment, but conditionally. Now the decision Zamoskvoreche Court entered into force.
Three judges did not find any reasons to justify the defendants, as urged by the defense or for increasing the punishment, as prosecutors have requested.
Bulk arrived at the meeting of the Moscow City Court, which considered the appeal against the decision in the case of “Yves Rocher”, together with his wife. His brother Oleg Navalny, which the trial court gave a real term, the court did not bring, deciding to communicate over video link from prison №2. Support Navalny came to court a few dozen of their supporters, for those who did not have a place in the hall, in the next room was organized live video.
None of the representatives of the companies-victims in court on Tuesday did not come. Judge-Rapporteur announced appeals the defendants’ lawyers and the prosecution.
In anticipation of Alexei Navalny judges, lawyers and the public stood tensely in the courtroom. “All the love, all the hi – mother, father, aunt,” – Oleg Navalny waving the cameras. He occasionally asked the guards to take him to smoke, and then began to ask his brother about the latest world news and oil prices.
After the meeting Alexei Navalny and his lawyers have assured journalists that necessarily appeal against this decision to a higher court and will submit a complaint to the European Court of Human Rights. Appeal ruling of the court is not satisfied and the prosecution. Representatives etc. okuratury also told the media that will discuss the possibility of filing appeal after read the full text of the decision of the court.
What can I say prosecutors and defense
State prosecutors alleged that the brothers Bulk committed “fraud classic” rather than fraud in business, as set Zamoskvoretskiy court verdict. They were asked to change the qualification with Article 159.4 Article 159 of the Criminal Code and to sentence Alexei Navalny and Oleg 10 and 8 years in prison, respectively.
The same term prosecutors demanded for the defendants in the trial court. Violations of Alexei Navalny conditions of house arrest after the verdict in the court issue was not raised.
Bulk and their lawyers Olga Mikhailova, Vadim Kobzev and Kirill Polozov required to reverse the verdict of the court and make Zamoskvoreche acquittal. They insisted that the judge committed gross violations: more than 30% of the evidence referred to by Judge Korobchenko not investigated in the courtroom. In addition, the lawyers pointed out, the court violated the right to the protection of Navalny, refusing to call and examine a number of witnesses. “The verdict does not indicate what evidence is confirmed by Alexei wine, and what – Oleg, the court was limited to generalities,” – said the lawyer Mikhailov.
Speeches brothers in court were extremely short. “I support the arguments of counsel,” – said Alexey Navalny. Oleg Navalny brother supported the statement, adding that he considered his sentence “an act of mockery of justice”, as it is nearly the same indictment.
After their performance prosecutors asked the court explore several dozen documents with evidence which were not disclosed in Zamoskvoretsky court. “I object, now prosecutors are trying to fix a serious bug that allowed the court” – outraged Alex. But the panel of judges for nearly two hours, read out the evidence.
The Case “Yves Rocher»
According to the case file Bulk brothers in 2007 founded the firm “Glavpodpiska”, founder of which was a Cypriot company, and director was nominally assigned their familiar Dmitry Zaprudskaya.
According to investigators, in 2008, Oleg Navalny, who was head of the Department of Internal mail FSUE ” Russian Post “, using his official position, has received a contract for the delivery of goods company” Yves Rocher East. ” In fact, the delivery takes transport companies that hire Oleg at prices much lower than paying company “Yves Rocher” “Glavpodpiske.” A similar situation, according to the prosecution, was formed with the delivery of goods to the firm IPC.
Zamoskvoretskiy court verdict found that “Glavpodpiska” did not have a material-technical base (in particular transport) to independently provide services cargo transportation.
During the trial, the company said IPC civil lawsuit in the amount of 4.5 million rubles. “Yves Rocher East” as any property claims are not stated, but the question of the guilt of the brothers left to the discretion of the court. Bulk themselves insisted that did not commit any crimes. They argued that the company was engaged in ordinary course of business, and if you follow the logic of the accusers, then so can criminalize any mediation efforts.
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