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Every year in Russia for economic crimes put more than 20 thousand people. The most frequent sentence — ten years of a colony of General or strict regime. Do businessmen sit in the special conditions?
the business Ombudsman Boris Titov stated that he agreed with the Federal service of execution of punishments in Russian prisons will separate blocks for prisoners of economic crimes. Originally Titov proposed to build the "economic" even separate prisons, but the Federal penitentiary service refused, citing excessive costs. "It will seriously change the situation for business will be much easier to solve their problems", — Titov thanked the leadership of the Federal penitentiary service for showing sensitivity. If this really happens, Russia will become a country one criterion: the allocation of economic criminals in a separate caste. Money really talks, even in prison? Usually in luxury conditions in some of the most developed countries sit on the large mobsters and drug lords.
jail for the elite
In Russia today there is no prison for people deprived of their freedom because of economic crimes. There is a special unit in the prison "Matrosskaya Tishina", where suspects at the time of investigation and trial and after the verdict and before sending to the colony. In this special block spent six months former Minister of economic development Alexei Ulyukayev after December 2017, he was sentenced to eight years in colony of strict regime. It was visited by Mikhail Khodorkovsky, Sergei Polonsky, Sergei Mavrodi... Curious that this created a special unit in 1985 for the representatives of the Soviet elite.
However, as the lawyers say, even outside of Moscow for the detention of a person charged with bribery or tax evasion, will not be put in a cell with murderers and robbers. Well, only if there is no intent in the investigation. "During the investigation stage, the investigators themselves are trying economic criminals put to economic entrepreneurs for entrepreneurs", — said the head of the legal company URVISTA Alex Petropolskaya.
But after the verdict, the situation is changing. "When a person after a sentence has been sent directly to serve his sentence somewhere in Central Russia, where 90% of criminals come from Mordovia, Udmurtia, serving sentences for theft, assault, economic morally criminal (and this is an educated man, often representing the elite of society) begins there simply to decompose, closed," — said Petropolskaya.
However, in fairness I must say that the list of economic crimes is quite large. The law violates the individual entrepreneur who worked for "quasi-legally", and the corrupt mayor of the city, which "disintegrated" before his arrest.
In Russia, again, there is no specialized prison for the crimes. The division takes place in other categories — for example, the severity of the crime and repetition. There is a colony for those who received a life sentence, the harshest of which is "White Swan" in Solikamsk the Perm edge. But Alexei Ulyukayev, for example, is in prison, where sit those who are serving the first sentence. However, it is a colony of strict regime, that is, a first-term prisoners receive for committing grave and especially grave crimes. We are talking about IR No. 1 in the Large village of Peremerki, Tver region. They say that this is the only of the nine correctional institutions of the penitentiary system of the Tver region, which has the status of "red zone", that is, her site doesn't work "criminal law". In some ways it is also a relief for the former Minister. Not all famous all over the country, "economic and political inmates" received the privilege.
a jail with Billiards and Spa
However, even if the prison General, in still different conditions: cameras of varying degrees of comfort and various services. Two years ago, the magazine "Secret firmy" detail painted, how much are additional services in prison. For example, in a four cell with other convicted businessmen and no mold on the walls then cost 50 thousand rubles per month. "For a certain amount of money in any prison you can get yourself a separate room, TV, computer, Internet and so on, but we must understand that in such conditions one day stay will cost from five to ten thousand rubles, — says Alexey Petropolskaya. Of course, this is all done informally, and most preferred the criminals are on completely different terms than everyone else."
the Situation when a rich convict may buy a more comfortable existence, is distributed almost worldwide. In most cases it is illegal services, additional business for the administration of the prison or the prisoners themselves. It doesn't matter what article — economic or not — sitting. Most importantly, time to save the time of the arrest decent condition.
If the condition is very decent, you can even build a separate jail.
the Most famous example of what you can buy for the money, was the story of Colombian drug Lord Pablo Escobar, one of the richest and most violent criminals of the modern world, which controlled 80% of the Coca market, the US, and owned more than $ 3 billion (according to Forbes). In 1991, he agreed to surrender under the assurance that it will not give US. He was convicted, but his sentence he decided in prison that he built himself and which was called "La Catedral" (the Cathedral). In fact, it was a luxury Villa with a soccer field, Billiards, a Spa and an Arsenal of weapons, which was visited by many guests and where he sometimes went down into the nearest town to go clubbing. The authorities ' patience ran out when the prison was delivered, two employees of a drug cartel whose job Escobar was unhappy, and both were killed during interrogation. It was decided to transfer Pablo Escobar in a normal prison, but he disagreed with such a twist of fate, ran away.
But this story is about the economic relations regulated by the barman. And, fortunately, not at us. What are willing to do our government against those who sit on economic crimes?
the Quote was Minister? Bags necks!
In reality, countries where economic criminals sit apart from the others. In Europe, for example, this approach can only be found in Switzerland and Norway, says Alexei Petropolskaya. "Here, the economic criminals are in prisons or jails especially in the soft regime, in which the conditions correspond to three-four-star hotels in our understanding, — says the lawyer. — Moreover, they have the opportunity to work, to conduct some business, surf the Internet and social networks, to communicate with loved ones."
Lawyers often say that those convicted of economic crimes can involve more skilled labour. However, the question arises about the costs of creating appropriate working conditions. And on the feasibility of using labor only economic criminals. The lawyer of the Moscow city bar Association Vladimir Samokhvalov says about the experiment, which was held in South African jail Pollsmoor where expanded job opportunities for prisoners, creating a machining workshop of semi-precious stones and ostrich farm, workshops for processing of ostrich leather, a shop selling products from ostrich leather, a restaurant where you can eat, respectively, from trapatoni. Everywhere worked by the convicts, and the essence of the experiment was to highlight the convicts, capable to creative work, and provide them with improved living conditions. But the separation of economic and other criminals was not there.
In Russian prisons today are criminals, sitting for economic crimes, engaged in General work, but sometimes they offer special conditions based on health status and other factors. For example, IR No. 1, which sits Alexei Ulyukayev, has partnered with the Tver and Torzhok carriage works, sew bags and clothing, making the towel rails and spiral staircases, repairs agricultural machinery and leads his own farm with the farm and greenhouses. Alexei Ulyukayev, according to available information, works in the colony librarian. And the most famous in the USSR counterfeiter Victor Baranov, whose technology was so high-level that they then Goznak used the following 15 years after his arrest, spent 12 years in a strict regime colony, unloading the concrete along with other prisoners.
Sit like everyone else
the Individual contents of the economic criminals — the phenomenon exclusive. "In the United States are not spared of fraudsters who knowingly went to economic crimes, sentencing for a particularly large even to life in prison — indicates Petropolskaya.
— In prison they sit the same as the other marginal personality".
there is No division in Germany. "The President of FC "Bavaria" Uli Hoeness, convicted of tax evasion, sharing the camera with quite an ordinary felon," recalls managing partner of Schmidt & Schmidt OHG Alex Schmidt.
Uli Hoeness is a wonderful character. In early 2014, he was accused of tax evasion amounting to more than 1 million euros, but with each new hearing of the case, the amount of unpaid taxes has grown. When it reached 3 million euros, Hoeness decided to confession for leniency: he didn't pay 15 million euros. But checks continued, and in conviction is the figure of 27.2 million euros. In March 2014, Uli Hoeness was sentenced to imprisonment for three years and six months, but in February of this year, was released after serving half of his term. And returned to the office of the President of the "Bavaria".
"But we must undo that Hennessy regime was very mild — for example, he was allowed to meet in freedom with a family and even go to work. But the reason is not because it is "economic", but rather its high social status and positive location to it employees of the penitentiary system," says Schmidt.
the Former Chairman of bankrupt shopping-tourism group Arcandor (which included including Department store chain Karstadt and mail order companies Quelle GmbH trade) Thomas Middelhoff less fortunate. He was found guilty of 27 cases of abuse of trust and three cases of tax evasion and sentenced to three years imprisonment. The loss of the head of the company amounted to 500 thousand euros. "He did put his time in prison, despite poor health," — says Schmidt.
In Germany do not consider it cost effective to introduce a separate prison for economic criminals, said Banks.Roux, a lawyer from Berlin, who requested anonymity. And don't see the point: all are in acceptable conditions in the cells for 1-3 people and a minimum area of 7 square meters per person, each attached to the social worker, the people work after the liberation get paid. "If the court sentenced the man for his crime is five years imprisonment, then why are the conditions in which it is contained, must be different from the conditions in which contains the other sentenced to five years? Their crimes are considered by the court are equally dangerous. In the end, than the tax evasion is better than another way of stealing?"
In France, the differentiation of prisons also passes depending on the length of the term, that is, in fact, the seriousness of the crime, and no matter whether it was economic or against the person: the easiest options is prison day, and also a prison for those imprisoned for less than two years. In a separate category were the prison for juvenile offenders.
In the UK the system of imprisonment based on two criteria: the risk of the offender to society, and his willingness to run. That is, the criminals in the economy can obtain easier terms, only if the offense is recognized as non-hazardous and there is no danger that the banker, who robbed the Bank tomorrow, find yourself on a beautiful tropical island. But for the mere fact of committing economic crimes, no one in the UK will not be sorry.
Than the "economic" better than common thieves?
In a sense, the need to facilitate the conclusion of individual categories of offenders can be explained by the fact that in General, the level of prisons in Western Europe is acceptable. In Russia, colonies and prisons are a completely different civilizational stage of development. That is why the sentence becomes inappropriately severe for a particular crime. And not only economic.
"on the one hand, the logic of Boris Titov is clear: criminals convicted for economic crimes, represent a special category of offenders. And it would be better if they are separated, — says the head of the criminal practice of the legal company BMS Law Firm Timur Huta. — But here arises the question of how it will be fair to other prisoners who have committed not economic, but accounting for the severity of the offence".
in addition, the maintenance of prisoners in Russia, and so manages the budget very expensive, so the government agreed to additional expenses in the form of improving the content of economic criminals. "In fact, should not create separate blocks for criminals convicted for economic crimes, and focus on the fact that those acts are the deprivation of liberty prescribed in exceptional cases," says Futami.
the Liberalization of the Criminal code for crimes in the economic sphere has long been discussed. "In our criminal code there is a certain nuance: when you get particularly serious article (for crimes in the economic sphere. — Approx. Banks.ru), regardless of, will repay you a debt or not, still serving time, and a strict regime. In my opinion, this article too needs to be changed — for example, to write off on probation, but no jail".
this position is opponents. So, Alex Schmidt, often for economic crimes are too lightly. "The actions of these criminals sometimes cause significant damage to millions of people, doomed to poverty and despair of thousands of families at once, says Schmidt. — To put it mildly, personally I don't really understand why the man who embezzled billions of rubles of depositors and left to burn this life on a warm island overseas, you need to let go and pickpocket — be sure to put".
it's Possible the liberalization of the Russian penal systems should not take place along the lines of "economic crimes", and in line with their gravity and danger to society? You should probably go on that way in which the whole world?
Researchers from the law School of new York University recently published his work "How many Americans are in prison unnecessarily?". Their response — 39%, or 576 thousand. With 25%, or 364 thousand people, is people who do not pose a threat to society, keep them behind barbed wire and spend the money in the budget unduly (the maintenance of one prisoner in the US is 31 thousand dollars a year). Much more benefit they could redeem himself if I was busy on alternative types of work, such as nursing, community work.
the Remaining 14% are those who have already served long enough, and their further serving of a few years will not bring the desired educational effect. In 2007, the us National Bureau of economic research stated that the very long sentences have little to no positive effect. Moreover, often carry criminal consequences, increasing the likelihood of relapse. It's a different story beyond the scope of our theme.
In a situation when small businesses get more than eight years in prison (as a family Polukhina from Voronezh, selling buns with poppy seeds and received 34 years in four), and for major law is often used as a means of blackmail, and at the same time when the "hole" in the capital of the Bank remain unnoticed for several years and are only detected after fleeing the Bank, I would like to have the attention of the business Ombudsman to the problem of the penitentiary system of Russia has not ended up on individual cells for entrepreneurs.
Milena BAKHVALOVA, Banki.ru
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