The Criminal Procedural Code of the Russian Federation has been amended to restrict the arrest of businessmen and members of commercial organizations' management bodies. The amendments are motivated by the fact that entrepreneurs under arrest cannot continue to run their businesses, and the company is often taken over by competitors. So, even if the results of the investigation prove the businessman to be innocent, he risks losing his business.
Now, when choosing a preventive measure for those involved in cases of economic crimes, the courts will have to take into account whether the defendants will be able to continue their business activities. Preference will be given to such measures as travel ban, bail, house arrest or personal guarantee.
Arrest will be applied only if the businessman has no place of residence in Russia, has violated previously selected preventive measures, or if there is evidence that the entrepreneur has been hiding from the court and investigation. In addition, the petition for arrest must specify if the crime was not committed in connection with the performance of business activities.
The extension of a businessman’s arrest in two to six months is allowed only with the consent of the head of the regional investigative body, and the need for further investigative actions cannot be the only and sufficient reason for this measure. This norm will allow to exclude cases of extension of arrest if there is an ineffective organization of the investigation in a criminal case.
Now, when choosing a preventive measure for those involved in cases of economic crimes, the courts will have to take into account whether the defendants will be able to continue their business activities. Preference will be given to such measures as travel ban, bail, house arrest or personal guarantee.
Arrest will be applied only if the businessman has no place of residence in Russia, has violated previously selected preventive measures, or if there is evidence that the entrepreneur has been hiding from the court and investigation. In addition, the petition for arrest must specify if the crime was not committed in connection with the performance of business activities.
The extension of a businessman’s arrest in two to six months is allowed only with the consent of the head of the regional investigative body, and the need for further investigative actions cannot be the only and sufficient reason for this measure. This norm will allow to exclude cases of extension of arrest if there is an ineffective organization of the investigation in a criminal case.