There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

“There was no intent”: SC closed the case against the farmer from Kurgan who bought the “spy” device

The Investigative Committee of Russia has closed a scandalous criminal case against the farmer Yevgeny Vasilyev. A resident of the Kurgan region bought a GPS tracker on AliExpress to track the movement of the calf, and he was accused of illegal trafficking in spy devices. In December 2017, the reporter asked President Vladimir Putin about this case during the annual final press conference of the head of state. The Russian leader promised to sort out the situation.
After a lengthy investigation, law enforcement agencies concluded that there was no criminal intent in the man’s actions. Meanwhile, now the State Duma is preparing amendments to the legislation on the decriminalization of an article on the trafficking of spyware, on which Vasiliev was accused.

Evgeny Vasilyev

In Kurgan, law enforcement agencies closed a criminal case against farmer Yevgeny Vasilyev, who bought a GPS tracker to monitor a calf, and then was accused of turning spy devices.

“The criminal case on charges of a resident of Lebyazhyevskiy district in the illegal acquisition of special equipment was returned by the prosecutor’s office to the investigator for additional investigation,” the press service of the Kurgan region prosecutor’s office told RT. - As a result of a series of investigative actions, no evidence was gathered indicating that the defendant had an intent aimed at secretly obtaining information. In this regard, on March 20, a decision was made to stop the prosecution. With this decision, the prosecutor's office of the Kurgan region agreed, recognizing it legal and reasonable. ”

At the same time, the investigation to the last offered Vasilyev to partially admit his guilt and sign a document of repentance.

“On March 20, I was summoned to the Investigation Committee in Lebyazhye and asked to sign repentance under Article 28 of the Code of Criminal Procedure of the Russian Federation,” told Vasilyev RT. - I did not do this so that there was no mark that I was attracted.So advised my lawyer. He said that they could close the case without it - due to the lack of evidence of guilt. And so it happened, of which I, of course, am glad. These few months, while the investigation was going on, were very nervous for the whole family. ”

Year under investigation

In late January 2017, a man bought a GPS tracker called "Mini A8" on AliExpress. He had to deliver the device by mail. The law enforcement agencies tracked the purchase and found that the device is intended for covert data transmission and is prohibited from free circulation on the territory of the Russian Federation "due to the presence of signs of referring to special technical means for secretly receiving information." Employees of the regional department of the FSB detained Vasilyev at a post office in the village of Lopatki, where a man came for a parcel.

The farmer wanted to use the device in the farm - to track with it the location of the calf.

“I have a large farm: chickens, rabbits, sheep, goats, and several cows. Cows graze in the herd, but one young calf constantly beats off the herd. Then he will go to the fields, then he will wander into the yard of an abandoned house. I wanted to simplify my life.I wanted to hang a tracker on it, to always know where it goes, and not to look for it throughout the district.

I am an asthmatic disabled person, I can’t walk for a long time, I get tired and suffocate, ”Vasilyev explained. “Then everything was simple: I came to pick up the parcel, signed for it, checked that inside the box, and when I came out on the porch, two men approached me and showed me the FSB crusts.”

A criminal case was brought against Vasilyev under article 138.1 of the Criminal Code of the Russian Federation (illegal acquisition of special technical means intended for secretly obtaining information). It came to court. In the UK, they claimed that the investigation had managed to gather sufficient evidence to find Vasiliev guilty. However, they did not consider the case in court - the state prosecution asked to be returned to the prosecutor’s office, allegedly due to a formal error in the indictment.

Thanks to a question from a RT correspondent who was asked by the Russian president at the annual press conference, the story of farmer Vasilyev received wide publicity. Vladimir Putin was surprised by the situation. The president admitted that he did not understand what the essence of the claims to the farmer was.

“I don’t even know that there is such an article.I will definitely look into the relationship and the article as a whole, and these specific people that you mentioned. About the fact that you can not attach to the cow. The first time I hear.

To the cats, I know, even the GPS and GLONASS are screwed in so that the cat is not lost. I do not understand what the problem is with the cow ... Somehow we need to adjust this, I will try to do it, ”Putin said.

After the question to the president, the prosecutor's office of the Kurgan region began to check the validity of the initiation of the case, and as a result, after repeated examinations, the Investigation Committee decided to stop the prosecution.

Law not yet rewritten

Criminal liability for the purchase and sale without a license of any items (trinkets, pens, lighters, watches) in which there is a hidden video camera or voice recorder, was introduced in Russia in 2009. In 2011, adopted by the State Duma federal law, the turnover of special technical equipment was rendered into a separate article already of an average, rather than a light degree of severity, and the maximum penalty was increased from three to four years in prison. At the same time, there is no official list of devices prohibited for circulation.

As explained by lawyers,law enforcement officers and courts rely on the government decree of April 12, 2012 №287 on licensing activities for the development, production, sale and acquisition in order to sell special technical equipment intended for covert information. According to the document, in the absence of an appropriate license, all means, including household ones, out of law, allow secretly to record or monitor.

As RT previously reported, under article 138.1, on average, more than 200 sentences are handed out per year. Most judges punish such crimes with a fine. However, from time to time criminals are sentenced to imprisonment - both conditional and real.

After the presidential press conference, lawmakers drew attention to the problem of bringing citizens to criminal responsibility under the article on trafficking in spy devices. In particular, Natalia Poklonskaya, Deputy Chairman of the State Duma Security Committee, proposed changing the standard so that citizens could not be held accountable for the domestic use of such devices.

“The main idea of ​​the bill is aimed at protecting an ordinary person who uses special technical means for domestic and personal needs - for the safety of his children, for the safety and security of his property,” explained Poklonskaya.

The bill on the decriminalization of the article has not yet been submitted to the State Duma - the discussion of the initiative in the lower house will be held in the summer of 2018. By this time, the Prosecutor General’s Office should complete the study of judicial practice in criminal cases and identify controversial cases.

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  • There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device

    There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device There was no intention: the SC closed the case against the farmer from Kurgan who bought the spy device