The Commissioner for the Protection of the Rights of entrepreneurs in the Moscow Region Vladimir Golovnev helped the businessman to avoid illegal criminal prosecution.

In November last year, the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region received an appeal from the lawyer of the CEO of the construction company. The entrepreneur was sentenced by the court for committing a crime under part 4 of Article 159 of the Criminal Code of the Russian Federation (fraud committed by an organized group or on a particularly large scale) to imprisonment for a term of two years and six months on probation.

According to investigators, the company stole money totaling more than 200 million rubles while performing work under a state contract.

The applicant clarified that the conclusions of the court set out in the verdict did not correspond to the actual circumstances of the criminal case, and the verdict was based on assumptions. The amount of damage was not substantiated by the case materials, as well as the circumstances that could significantly affect the court's conclusions were not taken into account.

Having studied the arguments of the applicant, the Commissioner found that when passing sentence by the court, the position of the defense was ignored, and objective data indicating the absence of a crime event were ignored.

The entrepreneur and his lawyer have been provided with consulting assistance. In order to protect the rights and legitimate interests of the applicant, the Commissioner sent a letter to the Prosecutor's Office of the Moscow Region about the necessity and expediency of the prosecutor's office's appeal against the verdict on accusing the entrepreneur.

As a result of the court's consideration of the appeal, the entrepreneur was fully acquitted.