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Russian Justice - "Not Even Death Can Save You From Me"

Arcade22

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The trial of a dead Russian lawyer has been delayed, amid criticism from the United States and European Parliament.

Sergei Magnitsky, who died in pre-trial detention in 2009, is accused of helping the investment fund Hermitage Capital evade $17.4m (£11.7m) in taxes.

He was arrested after testifying that interior ministry officials had used the UK-based firm to embezzle $230m by filing false corporate tax returns.

It is said to be the first posthumous prosecution in Russian legal history

Even in the Soviet period, no defendant was tried after death, according to Hermitage Capital.

http://www.bbc.co.uk/news/world-europe-21737475


MOSCOW—Russia dropped its investigation into the 2009 death of a whistleblower attorney in a Moscow jail, the latest turn in a hardening Kremlin stance toward the West's criticism of Russia's human-rights record.

Russia's top law-enforcement body, the Investigative Committee, said on Tuesday that it had found no evidence of a crime in the death of Sergei Magnitsky, 37 years old. The case for Kremlin critics had come to symbolize the impunity for high-level corruption in Russia, and led the U.S. to impose visa and financial sanctions on Russian officials allegedly involved.

The finding contradicted the conclusions of a presidential panel in 2011 that suggested Mr. Magnitsky was killed by prison officials who for months intentionally denied him medical care. His family and former employer said he died after being handcuffed and beaten with rubber truncheons in Moscow's Matrosskaya Tishina jail.

http://online.wsj.com/article/SB10001424127887324323904578370480551545020.html

I wonder if they will continue with this grotesque charade or try to silently drop it. Maybe they will dig up his corpse and put him in the dock?
 
I'd be interested in what sort of sentence they'll impose if he's found guilty. Life?

They could seize assets from his estate.

Other reasons to try a dead guy: whatever you find out from witness testimony, subpoenas and so forth.
 
Stupid. How can a dead person participate meaningfully in his own defense? What a waste of time and money.
 
Stupid. How can a dead person participate meaningfully in his own defense? What a waste of time and money.


Obviously he'd be tried in absentia, most likely with a court-appointed legal council speaking on his behalf.

Many countries (like the USA) don't permit in absentia trials, so it's not surprising that some people haven't heard of it.
 
Other reasons to try a dead guy: whatever you find out from witness testimony, subpoenas and so forth.

There's nothing preventing the investigation of the alleged crimes of the deceased and taking their property. The issue is that they are trying a corpse and even lying about his relatives "wanting a posthumous trial". It's a cynical circus and show trial to make sure that the Russian authorities can just point to the fact that "He died from natural causes" and, if anything comes from this trial, that "he was a criminal" whenever the Magnitsky Act gets mentioned.

It's funny. Rather than making a half-assed condemnation of a fall guy (who will conventionally die and NOT be given a posthumous trial), this whole mess just blew up in their face exposing the tacit approval the government gives to well connected criminals.
 
Obviously he'd be tried in absentia, most likely with a court-appointed legal council speaking on his behalf.

Many countries (like the USA) don't permit in absentia trials, so it's not surprising that some people haven't heard of it.
Actually, that link mentions some people were tried in absentia in the United States, such as Andrew Luster and Ira Einhorn. It's rare, but it happens.
 
I'm sure his family will stand up for him. I can hear his siblings say, "My brother will not have died in vain!"
 

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