Positive defense practice in fraud cases (under Article 159, Article 174.1 of the Criminal Code of the Russian Federation)

21.02.2019
Client's area:
Individual
Review term:
6 months
Task:
Termination of criminal proceedings against the Client, acquittal
The Bodies of the preliminary investigation accused the Client of  Moscow Bar Association"MAGNETAR" Ivanov A.A. of committing crimes, under Part 4 of Art. 159 of the Criminal Code (fraud) and Part 3 of Art. 174.1 of the Criminal Code (legalization of property acquired by a person as a result of the commission of a crime).

Result:


At the request of the Defense the Art. 159 of the Criminal Code of the Russian Federation was terminated on the merits of the case at the trial on the basis of Art. 78 of the Criminal Code.

During the discussion with the Client of the circumstances of the incident, the Defense formed a version of his complete innocence of the crime, under Part 3 of Art. 174.1 of the Criminal Code, which was actively implemented at the trial stage.

Despite all the arguments of the public prosecutor regarding the guarantor of the Client, cited during the trial, the court found them inconclusive and took into account the arguments of the Defense that formed the basis of the sentence.

Thus, the Defense managed to prove the complete innocence of A.A. Ivanov of having committed a crime incriminated to him, in connection with which our Client has been found not guilty and acquitted due to the absence of corpus delicti in his actions.

Kosorukov Dmitriy Vladimirovich
Head of Criminal Law Department