Magnitsky’s case will be sent to court immediately after defense lawyers study it – source (Part 2)

Interfax

The tax evasion case of Sergei Magnitsky, a Hermitage Capital hedge fund lawyer who died in a Moscow jail in 2009, will be sent to court immediately after the defense of the late lawyer examines it, a source at the Russian Interior Ministry told Interfax on Friday.

“The pre-trail investigation is over. The case will be sent to court as soon as defense lawyers examine it,” the source said.

Posthumous proceedings against Sergei Magnitsky will be passed over to a court as Magnitsky’s legal representatives “refuse to consent to the termination of the criminal proceedings against him,” the Interior Ministry said on Tuesday.

The ministry was referring to resumed tax evasion action against Magnitsky.

“The position of the legal representatives of the accused Magnitsky, who refuse to consent to the termination of the criminal proceedings against him, entails the need for a judicial assessment of the findings of the investigation. A court is authorized to decide whether the accused was guilty or not,” the ministry’s Investigative Department said in a statement.

Magnitsky’s legal representatives are his mother and widow.

The department said the police authority of the Central Federal District had finished a “preliminary investigation” into alleged conspiracy-based large-scale tax evasion by Magnitsky and Bill Browder, former chief executive of the Russian operation of Hermitage Capital, which is a British entity.

The department said the proceedings against Magnitsky were quashed in 2009 because of the death of the accused but were resumed by the Prosecutor General’s Office under a Constitutional Court ruling of July 14, 2011, which allowed Magnitsky’s family to seek their resumption.

“However, both the legal representatives and the defense lawyers of the accused Magnitsky have ignored interview summons from the investigator, refusing to exercise their rights as legal representatives and to participate in any of the investigations,” the department said.

The department quoted the Constitutional Court order as saying, in part: “If the relatives display no interest that would justify the further investigation of the case and no desire to safeguard the honor and dignity of the deceased, the proceedings may be terminated by the investigator with their consent and under Article 24, Part 1, Clause 4 of the Code of Criminal Procedure of the Russian Federation (due to the death of the accused).”

Magnitsky, a lawyer for the investment foundation Hermitage Capital, died in the Matrosskaya Tishina detention facility on November 16, 2009 at the age of 37. He was charged with tax evasion (a crime enshrined by Article 199 of the Russian Criminal Code).

Magnitsky said the criminal case against him was retaliation for his testimony alleging the possibility of law enforcement officials’ involvement in the embezzlement of budget funds. Magnitsky’s death drew a broad public response. unshaven girl займы без отказа https://zp-pdl.com/how-to-get-fast-payday-loan-online.php https://zp-pdl.com/online-payday-loans-in-america.php hairy girl