25.01.09

The latest developments have finally shed some light on the absurdity with amendment of the Code of Criminal Procedure in the light of the anti-corruption legislature adopted in December 2008.

The so called special category (lawmakers, investigators, lawyers, prosecutors, judges) were deprived of part of their immunity on January 11. Decision of the court that their actions include corpus delicti is no longer a must for institution of proceedings against them. Even though the Code of Criminal Procedure is already amended, the same change of the procedure became the talk of the day again - this time as a legislative initiative put forth by the Supreme Court. This latter is even rumored to be willing to restore some of the prosecutor general's powers in the sphere of initiation of proceedings, the powers he lost in the reforms in 2007.

The Supreme Court did suggest amendment of the Code of Criminal Procedure but it happened last September and not the other day. Adopting the anti-corruption laws drawn by the presidential administration then, the parliament only materialized some of the measures and neglected some important (in the opinion of judges) nuances. What the Supreme Court did the other day was remind legislators of the law it had drawn once. "The draft law is ambiguous. I dare say that opinions on it will differ," Duma Chairman Boris Gryzlov said commenting on the allegedly new initiative suggested by the Supreme Court.

Amendments to the Code of Criminal Procedure that came into force this month had been planned initially as an element of the anti-corruption campaign. Experts approached for comments warned of the possibility of glitches. Formally belonging to the special category, prosecutors, investigators, and lawyers are anything but in practice. Proceedings against them are instituted as easily now as against ordinary citizens. It is lawyers who found themselves particularly vulnerable because the new rules allow for their easy removal from trial now. Even the Supreme Court admits that rights of lawyers are encroached on. "We cannot put forth another legislative initiative to remedy the situation," a source in the Supreme Court said. "We only hope that the Bar will close its ranks, rise to the challenge, and have lawmakers adopt the necessary amendments."

Prosecutor general and Investigative Committee chairman retained their formed status, meaning that acknowledgement of corpus delicti by court is still needed before charges may be pressed against them. Observers and specialists wonder at the exception made in this case. "If we wanted all people from the so called special category without undue privileges, then we should have deprived all of them without exception. As matters stand, however, the prosecutor general and Investigative Committee chairmen are placed above the judiciary which is an affront to the Constitution," a source said.

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Source: Vremya Novostei