Investigators of the FSB re-qualified the accusation of former vice-president of the Rosgosstrakh group Sergei Khachaturov with embezzlement for fraud, TASS reported referring to the materials of the case, read out on Tuesday in the Moscow City Court when considering a complaint about the extension of arrest to a businessman. The lawyer of the accused Alexei Melnikov confirmed this to Vedomosti.
For both articles, the term of punishment is up to 10 years of imprisonment. Sergei Khachaturov is the brother of the former owner of Rosgosstrakh Danil Khachaturov.
Changing the charge, there is no tightening for the accused, the lawyer explained. In his opinion, the accusation in the original edition did not withstand any criticism and the investigation had no choice but to reclassify the accusation. "Because art. 160, in which Sergey Khachaturov was initially accused, provided that he appropriated or squandered the property entrusted to him by someone. And since the company, in which allegedly something was stolen, belonged to Sergey himself, it is physically impossible, ”said Melnikov. In this connection, the investigation decided to "use the rubber norm Art. 159, which allows you to qualify absolutely any action as a deception for the purpose of theft. "
Vedomosti is awaiting comments from the representative of the FSB.
The defense intends to continue to seek the release of Khachaturov in the cassation instance, Melnikov said.
If the criminal prosecution of Khachaturov is not stopped, the defense will appeal to the European Court of Human Rights, he promises (hereinafter "Interfax"): "We will use all legal norms right up to the appeal to the European Court. But I hope that the investigation itself realizes the unreasonableness of its claims, will stop the criminal prosecution of Khachaturov and the case will not reach the ECHR ".
Khachaturov, Jr. was arrested on April 19, the Lefortovo court arrested him for two months. Then Khachaturov was accused of stealing a stake in Rosgosstrakh, owned by RGS. "The new owner believes that he was not given something," Melnikov said.
In the appeal, the defense asked Khachaturov to choose a softer measure of restraint and transfer him to house arrest, TASS reported on Tuesday. According to the agency, the lawyer in court also said that the defense of the businessman appealed to the Supreme Court of the Russian Federation with a complaint about Khachaturov's election as a preventive measure in the form of detention on April 14 and "the matter is claimed for examination from the Lefortovo court".
The court found no grounds for the release of the businessman from custody and recognized as legal the extension of the term of the arrest to Khachaturov. Thus, the businessman will remain in the SIZO until November 17, the agency said.