Blogger Anton Nossik, recognized guilty of extremism for the post in “Live Journal” to “Wipe Syria off the face of the earth”, received a copy of the judgment on the day following the expiry of the appeal. In addition, the document was presented late, the name of the defendant it was repeatedly pointed out errors.
In post Spout LJ stated that a copy of the verdict was in his hands only after 12 days after its issuance (the blogger sentenced to a fine of 500 thousand rubles on 3 October. – Approx. NEWSru.com). In the document stated that “the verdict can be appealed in Moscow city court within ten days from the date of its proclamation”. On the eve of the Spout in his LJ wrotethat neither he nor his lawyer “to this day, no copies of the court decisions for review and appeal.”
Thus, in accordance with article 312 of the Criminal procedure code, the sentence was handed to the convicted, his defense counsel and the Prosecutor within five days from the date of its announcement. Under article 389.4 of the code, an appeal from the decision of the court of first instance may be filed within 10 days from the day of sentencing, if the convicted person is at large, as is the case with a Spout. Only when the convicted person is detained, the appeal may be submitted within the same period, but from the date of delivery of a copy.
Spout notes that the written law “is traditionally at odds with the practice, and they especially do not bother.” “In fact, of course, will appeal”, – said the blogger.
The late presentation of the sentence was not the only error in the court’s work. On the title page of the document the name of the Spout is twice spelled incorrectly. In a sentence it is said that the process took place with the participation of the defendant “Spout A. Y.” (blogger name is Anton Borisovich Spout. – Approx. NEWSru.com) and lawyer Sergei adamsin participated in defense of the same “Nose ay”. “And condemned as a result of the Nose A. B. As in the famous joke about “Mumu” and the monument to Pushkin” – ironically blogger.
Moreover, the court did not specify in the judgment the exact address of the publication for which the Nozzle was found guilty of extremism. Instead of the word dolboeb in the name of the account blogger in LJ in the document set. http://*******.livejournal.com/2854350.html. According to Nosik, the replacement was explained by the fact that this word may not appear in the criminal sentence unlike a civilian, because there is a right of the defendant to a fair trial. “For such words in the sentence the judges of first instance and the penalty imposed and the sentence was repealed, returning the case for new consideration in new structure of court” – said the blogger.
Presnensky district court on 3 October recognized Anton Nosik guilty of extremism for publishing in the “Live Journal” called “to Wipe Syria off the face of the earth.” Blogger sentenced to a fine in the amount of 500 thousand rubles. The court found that the Spout is “committed action aimed at the incitement of hostility”. In addition, experts found in the statements of the blogger appeals to national hatred and ethnic hatred.
In sentencing the court took into account the identity of the defendant: it works, and dependent on him is a young child, which served as a mitigating circumstance. The Nose has pleaded not guilty. In last word the blogger said that it will not accept a suspended sentence, and asked the court either to acquit him fully, or send to the colony. Thus the Prosecutor insisted on punishment in the form of two years imprisonment.
Protection blogger appealed the verdict.
Later the Nose has discoveredthat his sentence is illegal, since at the moment of crimes incriminated to it did not act that legal standard which the court was guided by in sentencing.
In addition, a blogger began collecting signatures for the abolition of article 282 of the criminal code (“inciting hatred or hostility, and humiliation of human dignity”), for which he was recently convicted. The corresponding petition of the Spout placed on the website “Russian public initiative”. At the time of this writing, the initiative was on the preliminary examination and the vote on it has not started yet.
The reason for the initiation of criminal proceedings against the Spout was his post in “Live Journal” of October 1, 2015. In the publication “Wipe Syria off the face of the earth”, he welcomed the bombing of Syria, who the day before Russia began within the framework of a military operation in support of the army of President Bashar al-Assad.
A citizen of Israel Spout has compared Arab Republic with Nazi Germany and wrote that for Israel it has always been “absolutely real military enemy.” According to the blogger, “the last 70 years the middle East has not seen anything from Syria, in addition to the aggression, wars, cannibalism, destruction and grief.” His position on Syria Anton Nossik actually repeated the same day in a live radio station “Echo of Moscow”.