The authorities may allow entrepreneurs to conduct business during the investigation of the same

The draft law “On Amendments to the Code of Criminal Procedure of the Russian Federation” was prepared by the agency in compliance with the order of the President. During the 25th St. Petersburg International Economic Forum in June, Vladimir Putin called for a review of the reasons for the detention of suspected economic crimes.

The explanatory note of the document proposes to extend the guarantees of people suspected or accused of crimes in the business and economic field. It also indicates the need to avoid the pressure of criminal law on employers.

The authors of the project add to art. 99 of the Code of Criminal Procedure (circumstances taken into account for the choice of the precautionary measure), the following clarification: “in the event that the precautionary measure is chosen in relation to a suspect or accused <…> the possibility of choosing such a preventive measure that allows you to continue your business activity and (or) the management of your property” and the organization is considered without fail.

Representatives of the Ministry of Justice also propose modifications to art. 108 of the Criminal Procedure Code, which governs the detention procedure. If the changes are adopted, a suspected or accused businessman can be detained only in cases where he does not have a permanent or temporary place of residence in Russia or has already violated the previously chosen restriction measure.

If the investigation insists on the conclusion of a businessman or a participant in the management of a commercial organization, he must prove that the alleged crimes are not related in any way to the business activity.

Articles affected by the modifications:

• Art. 159 of the Penal Code (fraud)
• Art. 171 (illegal business)
• Art. 172 (illegal banking)
• Art. 173 (False Entrepreneurship)
• Art. 174 (money laundering)
• Art. 175 (acquisition or sale of property knowingly obtained by criminal means)
• Art. 176 (illegal loan)
• Art. 177 (malicious evasion of payment of accounts payable)
• Art. 178 (restriction of competition)
• Art. 180 (illegal use of property identification means)
• Art. 181 (violation of the rules for the manufacture and use of state punch marks)
• Art. 183 (illegal reception and disclosure of information constituting a commercial, fiscal or banking secret)
• Art. 185 (abuse in the issuance of securities)

In addition, the changes will affect the articles related to the circulation of precious metals and stones (articles 190 to 192), as well as the articles on the evasion of the obligation to repatriate money in foreign currency (article 193) and on the evasion of customs payments. (article 193). ).194).

Those suspected or accused of bankruptcy and tax crimes (Sections 195-197 and 198-199) will also be subject to the new rules.