As the "Kommersant", was released who was nearly a year under house arrest Managing bishop of the Russian Union of Evangelical Christian churches and prominent businessman Alexander Semchenko, accused of embezzling funds allocated for the reconstruction of the Bolshoi and Maly Theatres. It happened after the police investigation reclassified the charges against the priest charged on softer.
The accusation of a particularly large-scale fraud (Art. 4, Art. 159 of the Criminal Code) were brought against Mr Semchenko in 2006. GSU Moscow police for theft committed as believed then a consequence, the reconstruction of the building of the Maly Theater. Belonged Bishop construction firm - Ltd. "ON" Heat "" - carried out work on the removal from the basement of the theater and relaying section of the heating length of 368 m with several groundwater wells cameras. In the original version of the investigation, three cameras "Heat" is not set, but agreed in the contract of 142 million rubles. got. Nine alleged extra million and became an occasion for the bishop charges.
Protection, as told "Kommersant" lawyer Vladimir RyakhovskyWith the position of the investigation did not agree, arguing that considered in this case does not need to separate wells, and the whole contract as a whole. Of the total budget, as suggested by the defender, it is evident that the customer, on the contrary, the contractor underpaid 13 million rubles., Thereby more than offset the cost of unbuilt cameras.
However, the criminal case was investigated for seven years. All this time the defendant was bishop under house arrest. Last summer, the investigation has replenished the second episode. According to the employees GSU Research Affairs in Moscow (former GSU police department), when he was accused in the case of the Maly Theatre, businessman Semchenko received a large general contracting work at the Bolshoi Theatre. During the reconstruction of the Bolshoi "Heat" changed in its cellars underground power cables and distribution substations. The required amount of work, as suggested by the police investigation, Mr. Semchenko fulfilled only partially, thus stealing 90 of 647 contract specified million rubles. But this time, "Heat" merely acts as a general contractor - the work performed by other hired Mr. SemchevNko company, so the prosecution presented no bishop under Art. 159, and according to the article. 159.4 "Fraud committed in the sphere of business activity" Criminal Code. Protection in this case did not agree with the investigation, claiming that the general contractor acted only as an intermediary between the customer and the builders, so steal the money could not.
Two criminal cases were joined, and it gave investigators reason to go to court with the petition for custody of the accused under house arrest. On June 15, 2013, Bishop was placed under the clock security in his Moscow apartment on Bauman Street.
Since that time, the lawyer Ryakhovskiy, according to him, is constantly applied to the oversight and the courts with complaints, which pointed to the illegality and invalidity of both charges and elected to his client a preventive measure. Results protection could be achieved only recently - 65-year-old Mr. Semchenko by the time spent under house arrest for nearly a year. GSU Research Affairs in Moscow stopped the investigation into embezzlement at work on the Maly Theatre, thus leavingOf the charges brought against Mr. Semchenko only Art. 159.4 of the Criminal Code. Given that it relates to the category of average weight and provides the accused's arrest for a term not exceeding six months, the bishop was released on bail.
"My client, who all last summer was forced to hold in a city apartment, cheerful, can now go at least to the country and go to church on Sunday," - said the lawyer Ryakhovskiy. The GSU Research Affairs, confirmed that a criminal case has been a change, to comment on them did not.
The accusation of a particularly large-scale fraud (Art. 4, Art. 159 of the Criminal Code) were brought against Mr Semchenko in 2006. GSU Moscow police for theft committed as believed then a consequence, the reconstruction of the building of the Maly Theater. Belonged Bishop construction firm - Ltd. "ON" Heat "" - carried out work on the removal from the basement of the theater and relaying section of the heating length of 368 m with several groundwater wells cameras. In the original version of the investigation, three cameras "Heat" is not set, but agreed in the contract of 142 million rubles. got. Nine alleged extra million and became an occasion for the bishop charges.
Protection, as told "Kommersant" lawyer Vladimir RyakhovskyWith the position of the investigation did not agree, arguing that considered in this case does not need to separate wells, and the whole contract as a whole. Of the total budget, as suggested by the defender, it is evident that the customer, on the contrary, the contractor underpaid 13 million rubles., Thereby more than offset the cost of unbuilt cameras.
However, the criminal case was investigated for seven years. All this time the defendant was bishop under house arrest. Last summer, the investigation has replenished the second episode. According to the employees GSU Research Affairs in Moscow (former GSU police department), when he was accused in the case of the Maly Theatre, businessman Semchenko received a large general contracting work at the Bolshoi Theatre. During the reconstruction of the Bolshoi "Heat" changed in its cellars underground power cables and distribution substations. The required amount of work, as suggested by the police investigation, Mr. Semchenko fulfilled only partially, thus stealing 90 of 647 contract specified million rubles. But this time, "Heat" merely acts as a general contractor - the work performed by other hired Mr. SemchevNko company, so the prosecution presented no bishop under Art. 159, and according to the article. 159.4 "Fraud committed in the sphere of business activity" Criminal Code. Protection in this case did not agree with the investigation, claiming that the general contractor acted only as an intermediary between the customer and the builders, so steal the money could not.
Two criminal cases were joined, and it gave investigators reason to go to court with the petition for custody of the accused under house arrest. On June 15, 2013, Bishop was placed under the clock security in his Moscow apartment on Bauman Street.
Since that time, the lawyer Ryakhovskiy, according to him, is constantly applied to the oversight and the courts with complaints, which pointed to the illegality and invalidity of both charges and elected to his client a preventive measure. Results protection could be achieved only recently - 65-year-old Mr. Semchenko by the time spent under house arrest for nearly a year. GSU Research Affairs in Moscow stopped the investigation into embezzlement at work on the Maly Theatre, thus leavingOf the charges brought against Mr. Semchenko only Art. 159.4 of the Criminal Code. Given that it relates to the category of average weight and provides the accused's arrest for a term not exceeding six months, the bishop was released on bail.
"My client, who all last summer was forced to hold in a city apartment, cheerful, can now go at least to the country and go to church on Sunday," - said the lawyer Ryakhovskiy. The GSU Research Affairs, confirmed that a criminal case has been a change, to comment on them did not.
