A Moscow businessman was changed the measure of restraint.
An entrepreneur from the Taldom city district asked for help from the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev.
The businessman wanted to protect the co-founder of the company, who was taken into custody. There were property disputes between the two companies that were resolved in the courts. In February of this year, a criminal case was initiated under Part 4 of Article 158 of the Criminal Code of the Russian Federation (theft on a particularly large scale) on the fact of theft by unidentified persons of metal structures from the territory of an industrial site. Suspicion fell on one of the co-founders of the company, as a result of which the entrepreneur was detained and sent into custody.
As the applicant indicated in his appeal, the police acted in the interests of the other party.
Consideration of the circumstances of the case within the framework of interdepartmental cooperation was submitted to a joint reception with the prosecutor of the Moscow Region. On the facts of the unjustified detention of the co-founder of the company and the inaction of the police during the investigation, a prosecutor's check was carried out, according to the results of which the measure of restraint for a female entrepreneur was changed from imprisonment to house arrest. A businessman who has two dependent children and has been in custody for 2 months has been released from jail.
Currently, the investigation of the criminal case is ongoing. Based on the results of the investigation, a decision will be made to bring the perpetrators to the responsibility provided for by law. "Despite some progress in this case, we continue to keep the issue under control," commented Vladimir Golovnev. – Illegal initiation of criminal cases against businesses is a scourge of the modern system.
In solving civil law disputes, a criminal mechanism is used as a lever of pressure, in fact, destroying the long-term work of an entrepreneur. Today, statistics are such that, according to a court decision, only a tenth of those entrepreneurs who have been criminally prosecuted turn out to be real scammers. The fate of the rest, in most cases, is sad. Since the first day of the establishment of our state agency, we have been working closely with the Prosecutor's office of the Moscow Region, regularly holding joint receptions on which we analyze and analyze the appeals of entrepreneurs, we try to help everyone. We systematize the received appeals and develop general recommendations for our public reception offices in the municipalities of the Moscow Region, which allows us to solve issues on the ground faster and more efficiently."