Hidden appeals in public speech: how investigators are trying to prove Vasilyeva's guilt

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Hidden appeals in public speech: how investigators are trying to prove Vasilyeva's guilt
Hidden appeals in public speech: how investigators are trying to prove Vasilyeva's guilt
1 October 2021, 10:08SocietyPhoto: Фото: Коммерсантъ
The lawyers are sure that in the materials of Vasilyeva's case there are not only no incentives to participate in mass events, but also no incentives to violate the rules of personal hygiene, to refuse to use masks, to disregard social distance and, finally, to go out into the street for people with coronavirus

As you know, the head of the trade union of medical workers "Alliance of Doctors" ( included in the register of foreign agents on the territory of the Russian Federation) Anastasia Vasilyeva is accused in the so-called sanitary case together with ten activists and supporters of Alexei Navalny. A criminal case on violation of sanitary and epidemiological rules (Article 236 of the Criminal Code of the Russian Federation) was initiated after an unauthorized action on January 23 in Moscow.

The essence of the charges against Anastasia Vasilyeva in the sanitary case boils down to the fact that by her actions, allegedly, she prompted people to come to the rally, thereby creating a threat of mass infection.

However, it seems that the investigation has resorted to a rather strange method from a legal point of view, which professionals write about on social networks.

So, the famous lawyer Alexey Fedyarov described the algorithm of this procedure itself:

“The most touching thing in the current cases of extremism is the linguistic expertise to identify the presence of appeals. Without an expert, it is not clear whether the person in his speech called on to overthrow the government and change the system or not. Run to the Kremlin or not run.

The outline of the absurd is as follows:

“There is a call for the violent overthrow of the government in the text,” says the prosecution.

- But where is it? - the defense is amazed.

- We have carried out an examination, - the prosecution replies, - here is an expert, you can trust him, he passed the courses.

- What courses?

- Expert linguists. A specialist of impeccable reputation, lieutenant colonel, 20 years of experience, excellent combat training, the leadership is characterized positively.

- Wait, - the defense is indignant, - so he has the same leadership as the investigator! They are generally located in the same building! It turns out that one employee of the department prepares an expert opinion for another employee of the department and this is considered a forensic examination?

- Your arguments do not matter, - the court intervenes, - there are no grounds for doubting the expert's conclusions. Here, read the conclusion: "Contains implicit calls for the overthrow of power by violent means".

- Implicit? That is, hidden? In public speaking?

- Yes, hidden appeals in public speaking, - explains the prosecution.

- That is, these are calls that you need an expert to understand that these are calls? An officer of the same civil service who is investigating the case is desirable?

- Yes, - the prosecution replies, - the sophistication of the crime committed does not leave us a choice: the correction of a convicted person is possible only in conditions of isolation from society.

- Of course, - the court agrees..."

And another well-known lawyer, Dmitry Dzhulai, who works in the Vasilyeva case, showed how this method works in this particular case:

“On the 1st and 2nd photos, the conclusions of the expert of the Investigative Committee of Russia, who could not give an answer, are the motivating statements he identified as motivations to participate in mass events.

I draw your attention to the fact that this is the opinion of an expert from the institution of the Investigative Committee of the Russian Federation - that is, the law enforcement agency that investigated this criminal case.

This conclusion of the expert is already the basis for an acquittal in connection with the absence in the actions of A.E. Vasilyeva. signs of corpus delicti, since the presence of a call to participate in mass events has not been established and has not been proven by any other materials of the case.

However, it cannot be established by anything other than the conclusion of an expert linguist. And in our case, an expert linguist concludes that A.E. prompted to participate in public events, could not.

In the absence of an established and proven presence of a call to participate in public events, the authorship of controversial statements and proof of the ownership of this authorship by A.E. Vasilyeva no longer matter.

Meanwhile, even for calls to participate in mass unauthorized events, for which, in fact, Vasilyeva A.E. is accused, and about the presence of which, I emphasize, the expert on the part of the prosecution could not speak out, administrative rather than criminal liability is envisaged. Art. 20.2 of the Administrative Code of the Russian Federation.

The third photo shows the conclusions of the defense expert, which perfectly complement the conclusions of the expert of the IC of Russia.

According to the conclusion of the specialist Novozhilova Ye.V., who studied the same publications as the expert of the prosecution, in these publications there are not only no incentives to participate in mass events, but also no incentives to violate the rules of personal hygiene, to refuse to use masks. to non-observance of social distance and, finally, to going out into the streets of people with coronavirus.

The next meeting is scheduled for October 6 at 10:00 a.m.

If the prosecution does not present any additional evidence, we will proceed to the debate and sentencing..."

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