Moscow's deputy prosecutor Vladimir Vedernikov addressed to the Presidium of the Moscow City Court asking to declare an arrest of thief in law Zakhar Kalashov (Shakro Molodoy) illegal. Two of his accomplices, Herson Hamidov and Nikolay Nikolaev, are also mentioned in the appeal. In the summer of 2017, their arrest was prolonged by three months. In the cassation, the deputy prosecutor of Moscow asked to cancel two relevant judicial acts: the decision of the Tversky court dated June 15 and the Moscow City Court on June 30.
The reason for the appeal of the Prosecutor's Office was the difference in the accusatory theory, which was brought to the defendants. For example, the documents listed different initials of some of the accused, car plates; moreover, in the first case the deceased persons, Filip Domaskin and Alexey Kitaev, were called participants in the criminal community, and in the final case - participants in the criminal group. In addition, new wording appeared in the indictment - "unidentified accomplices" and "especially large-scale extortion," as well as the date of the commission of criminal acts committed by defendant Prokhorov against injured Lev Garamov, which was not mentioned in first version case. The Prosecutor's Office believes that the courts did not have the essential information when the accused was arrested. The hearing on this issue will be held on May 18.
However, this unexpected insight of the Prosecutor's Office aroused suspicion among lawyers of Kalashov. According to Business FM, the agency wants to deprive kingpin's defense one of the essential arguments and conceals the apparent falsification. After all, the defense raised the issue of returning the case to the prosecutor even during the trial, having counted at least 14 discrepancies in the case. However, the investigators promptly "edited" the prosecution instead of re-submitting it to the defendants, and the court, in turn, rejected the relevant petitions.
Defendants are waiting for an appeal in the Moscow City Court, which may be followed by the Supreme Court of Russia, where the judges can not turn a blind eye on the violations committed. "This is a serious argument in favor of the cancellation of the verdict, they want to hide it," the lawyer says.
At the same time, Gofshtein admits that a number of errors were indeed of a technical nature, but at least four of them are of fundamental importance, for example, the appearance of "unidentified accomplices", as well as the commission of a crime within the "criminal community", and it is a significant change in the charge. "On one page, the investigation writes one charge, and on the other - another. So how should a person defend himself?", Gofshtein states.
The accusation has irreparable internal contradictions, and the verdict handed down in such circumstances is subject to cancellation.
Recall, the Nikulinsky Court of Moscow found more than ten defendants, including Shakro Molodoy, guilty of two episodes of Extortion (part 3 of Article 163 of the Criminal Code) in 2015-2016 years: 8 million rubles from owner of the Elements restaurant on Rochdelskaya Street in Moscow Zhanna Kim and 10 million rubles from businessman Lev Garamov. The thief in law was sentenced to 9 years and 10 months imprisonment in a strict regime colony.