Photo: Oleg Karsaev / “Kommersant”
In the state Duma a bill on criminal responsibility of experts for false imprisonment at all stages of court and pre-trial proceedings. The document published on the website of the Duma.
As noted in the explanatory Memorandum, criminal proceedings in some cases depend on the results of expert studies. Examination findings play an important role in particular during the audit to report the crime. False testimony of the expert create the conditions for the unwarranted prosecution of innocent, and also for illegal refusal in excitation of criminal case, which violates the right of victims to access to justice.
“The changes will strengthen the protection of the rights of citizens on access to justice, protecting from possible abuse by dishonest experts, whose conclusions are often the most critical for the initiation of criminal case or refusal in it,” said one of the authors of the bill of Pavel Krasheninnikov, reports IA Regnum.
As punishment proposed the penalty to 80 thousand roubles or in the amount of wages or other income of the convicted person for a period up to six months, or obligatory works for the term up to 480 hours, or correctional labor for a term not exceeding two years, or arrest up to three months.
If false imprisonment against the citizen filed a case on charges of a grave or particularly grave crime, the punishment can become forced labor or deprivation of liberty for a term up to five years.
Now the criminal liability of the experts for giving false information envisaged by article 307 of the criminal code (“Knowingly false evidence, conclusion of expert or incorrect translation”). It applies to a preliminary investigation in a criminal case, as well as the stage of the proceedings in court — that is, the period when a criminal case is filed.
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