Blogger Anton Nossik, who is the capital’s Presnensky district court recently fined, recognizing guilty of extremism, found that at the moment of crimes incriminated to it did not act that legal standard which the court was guided by in sentencing. Thus, says the Spout is in its “Live Journal”in any case 500 thousand rubles fine will not have to pay.
The fact that the court chose the punishment according to the current wording of article 282 (“inciting hatred or hostility, and humiliation of human dignity”). However, the rule with the new size of the fine from three hundred thousand to five hundred thousand rubles – from the so-called package “of laws Spring” came into force on 6 July 2016.
As recalled by the Spout, when in October 2015, he wrote his post in LiveJournal, for which he was prosecuted, the criminal code provided a very different fork of the penalty for this article – from 100 thousand to 300 thousand rubles.
According to a Spout, although an innocent to be condemned Russian courts “piece of cake”, to judge according to the rule 2016 for an act committed in 2015, they can’t.
Indeed, according to article 10 of the code of criminal procedure, shall be retroactive only to the law eliminating the criminality of an act, mitigates a punishment or otherwise improving position of the person who committed the crime. The law establishing the criminality of an act increasing the penalty or otherwise worsens the situation of the person, not retroactive. In other words, Russian law applies the rule in force at the time of the crime, in the case of new standards, softening the punishment, the court is guided by it.
“So with a probability of 99.8% verdict I Presnensky court on Monday, will be canceled by the appeal court – even if this instance very much would want to leave it in force”, – said Spout. “Good or bad – should not speculate. At the Moscow city court will be in exactly the same range of possible solutions, from justification to 4 years General regime colony (actually two), which was in the first instance,” he continues. “But one thing is for sure: a fine of 500,000 rubles on appeal will not stand, and to pay him I wouldn’t have,” concludes the blogger.
We will remind, an occasion to excitation of criminal case became the post of the Nose from 1 October 2015 in the “Live Journal”. In the publication “Wipe Syria off the face of the earth”, he welcomed the bombing of Syria, who the day before Russia has started in Syria a military operation in support of the army of President Bashar al-Assad. Blogger has compared Arab Republic to Nazi Germany and said that “for the last 70 years the middle East is not seen from Syria is nothing but aggression, wars, cannibalism, destruction and grief.”
October 3, Presnensky district court found Anton Nosik guilty of extremism for such statements and ordered him to pay a fine of 500 thousand rubles. The court found that the blogger “committed action aimed at the incitement of hostility”. In addition, experts found in the statements of the Spout incitement 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 guilt the defendant not guilty.
The protection of the Nose appealed. In the complaint the lawyer Sergei adamsin asked for an acquittal of his client due to the fact that in his actions there is no crime. From the reports of the appeal it is unclear whether the complaint stated a problem with the new wording of article 282, detected by the Nose.