Criminal law

A person is charged with a crime punishable by a fine or imprisonment for up to 3 months. Can detention be used as a measure of restraint before a case goes to court?

No, detention and bail can be used as a preventive measure against a person when:
1. A person has committed a crime for which the maximum term of imprisonment is more than one year.
2. There are sufficient grounds to believe that a person may hide from the body conducting the criminal proceedings, impede the consideration of the case, commit a crime, avoid criminal liability and serve the sentence imposed on him, as well as interfere with the execution of the court sentence.

Can a person be detained without reason?

A person may be detained only if there is a reasonable decision of the relevant authority (the investigating authority, investigator, prosecutor, court).

O.’s friends planned to commit a robbery in one of the city banks and offered to join O., but O. refused. Will O. be prosecuted for not reporting this to the police?

O., who knows for sure that a crime is being prepared (grave or especially grave) and does not inform the law enforcement authorities about it, is liable for criminal liability for which a fine of 300,000-500,000 drams is provided, or arrest – 1-3 for one term for one a month or imprisonment for a period not exceeding two years.

A criminal case was instituted on the fact of hooliganism, in the framework of which A. was charged. A. refuses to testify. Can A. be held accountable?

A. has the right to refuse to testify that he cannot be interpreted to the detriment of A. and for which he cannot cause any negative consequences.

During the conversation, a friend of G. B. said that if G. would give him 300,000 drams, B. would bring the phone from abroad for G. at a bargain price. Believing B., G. transferred 300,000 drams to B., but later G. did not receive either a phone or money. Is B.’s act a crime?

B. will be prosecuted for fraud, because by deceiving G. or abusing his trust, he will take property from him, including money (or convince a person to transfer this property to him).
In order to qualify the act as a crime, the value of the property should be more than 30,000 drams.

Will a person be exempted from criminal liability if he regrets that he has illegally acquired drugs?

A person will be exempted from criminal liability if he voluntarily transfers to the law enforcement authorities the drugs (drugs, psychotropic substances) that are prepared, processed, acquired, stored, transferred from one place to another.

Will a person be prosecuted for the use of drugs?

Since 2008, the use of narcotic drugs as a crime has been decriminalized. A person for the use of narcotic drugs will only be held administratively liable.

What should I expect from my criminal defense attorney?

Each person’s case is different. we never offer guarantees, but we do tell you what the probable outcome, given our experience and your unique set of facts. If appropriate we will work to get a you a plea offer, or represent you at trial, if the case is brought before a judge or jury. We will work hand in hand with you throughout the criminal proceeding, attending all hearings and bringing the case to a conclusion.

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