The benefit from commutation for Moscow regional entrepreneur
Instead of her detention the businesswoman remains under home arrest after the Moscow Region Business Ombudsman Vladimir Golovnev intervention.
On October this year a businesswoman, the CEO of Moscow regional company, applied to Vladimir Golovnev for support. On July 2019, legal proceedings were launched against her according to the part 4 of article 159 of Criminal Code of Russian Federation (fraud, whether committed by an organized group, either grand larceny or residential deprivation). Despite the lack of direct intent proofs of her wrongdoing and other occasions, wich indicated the controversial of allegations, a travel restriction was imposed as a preventive measure for businesswoman. Due to the family circumstances she violated the selected measure, and this fact has become a formal basis for detention.
It is worth noting, that the Business Ombudsman didn't considered the preventive measure modification as a violation of the entrepreneur's right at the beginning. Nevertheless, based on the requirements of the law, the Business Ombudsman felt it necessary to strike a balance between the public interests of proceedings enforcement and importance of right to individual liberty in order to avoid any excessive restrictions of freedom as a negative result. It appeared from the case file and individual characteristics, that applicant poses no social danger and doesn't try to prevent proceedings but rather cooperates with investigation.
Having considered the totally of the evidence provided by the claimant and legislative provision relating to the case, the Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region addressed a letter to Moscow Region Procecutor requesting the opportunity to apply for a sentence alleviation in certain circumstances.
On October a court session was held, where the issue of extension of the pre-trial detention period has been discussed. The Commissioner had submitted his final decision of detention as a very strict measure to the court. With the arguments presented, he pointed out that the home arrest measure is very effective and adequate to satisfy the needs of criminal justice.
On 22 October the municipal court of Domodedovo urban district had changed the preventive measure of detention for home arrest.
Definitely, the purpose of preventive measure is avoidance of suspect still evades of court and investigation. A balance must therefore be found between the facts and severity of the penalties attached - noted the Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region Vladimir Golovnev.
However, wherever the legal investigator requirements exist as well as preventive measure imposed, it must be kept. Formal grounds are quite sufficient for such measures to be strengthen.