REvil hackers return to the prosecutor
In the preliminary hearing, the parties discussed the issue of returning this criminal case to the prosecutor in connection with a violation of the rules of jurisdiction, and this violation consists in the fact that Zayets is accused of committing a crime under part 2 of article 187 of the Criminal Code of the Russian Federation, committed by him during the military service, however, the preliminary investigation of the case was carried out by investigators of the Ministry of Internal Affairs of the Russian Federation, and not by investigators of the Russian Investigative Committee, as required by paragraph 2 of article 151 of the Code of Criminal Procedure of the Russian Federation.
The public prosecutor considered that there were no grounds for returning the criminal case to the prosecutor. According to the prosecutor, the criminal case against Puzyrevsky, Zayets and others was investigated under Article 187 of the Criminal Code of the Russian Federation and Article 273 of the Criminal Code of the Russian Federation by investigators of the Ministry of Internal Affairs of Russia, who revealed the unlawful acts imputed to the accused, that is, in accordance with the requirements of Part 5 of Article 151 of the Criminal Procedure Code of the Russian Federation.
The accused and their lawyers, each individually, did not object to the return of the criminal case to the prosecutor.
The military court explained.
As follows from the extracts from the orders of the RF Ministry of Defense, received at the request of the court, Zayets was enrolled in the VA MTO on August 1, 2018 (acquired the status of a serviceman) and served in the academy, and then in the military unit, from where on January 12, 2022 he was dismissed in this the day is excluded from the lists of personnel (lost the status of a military man). The investigation also knew about the circumstances of Zayets’s military service, since some of the above orders were attached to the case file, and the accused himself testified about this.
According to the indictment, Zaets committed the crimes imputed to him from December 6, 2018, the day he joined the group organized by Puzyrevsky, until the day he was detained by law enforcement officers, in connection with which their illegal activities were stopped, that is, until January 13, 2022.
The passage of military service by Zayets at the time of the commission of the acts imputed to him, as well as to other participants in an organized group of acts, is, by virtue of subparagraph “c” of part 2 of article 151 of the Criminal Procedure Code of the Russian Federation, the basis for conducting a preliminary investigation into the case by investigators of the Investigative Committee of Russia. However, from the materials of the criminal case it is seen that the preliminary investigation into the case was carried out by investigators of the SD of the Ministry of Internal Affairs of Russia, the indictment was signed by the investigator of the named department, agreed by the deputy head of the investigative body.
Based on the foregoing, the court concluded that the rules of jurisdiction were violated during the investigation of this criminal case, and this violation of the law cannot be eliminated during the consideration of the case on the merits in court.
The St. Petersburg Garrison Military Court returned the criminal case to the Prosecutor General of the Russian Federation to remove obstacles to its consideration by the court.
The term of the previously chosen measure of restraint in the form of detention by the accused was extended until November 14, 2023.
