‘Humanism’ measured in the hundreds

The widely announced ‘economic amnesty’ will, in practice, release only a few hundred people from pre-trial detention centres and colonies, and not many thousands, as previously claimed. This became clear during the discussion of the amnesty draft resolution in the State Duma.

The amnesty will take place largely at the suggestion of business ombudsman Boris Titov, and the document was developed by the expert council under the Commissioner for the Protection of Entrepreneurs' Rights. However, after the intervention of President Vladimir Putin, who initially called the document ‘raw’, it was rewritten and quickly decided upon for adoption.

Those persecuted for crimes under 27 articles will be released from punishment, or their cases will be terminated. Among them are: violation of copyright and related rights (Article 146 of the Criminal Code), of inventive and patent rights (Article 147 of the Criminal Code), fraud in the field of lending (Article 159.1), in the field of entrepreneurial activity (Article 159.4), illegal entrepreneurship (Article 171 of the Criminal Code), production, acquisition, storage, transportation, or sale of unmarked goods and products (Article 171.1 of the Criminal Code), illegal banking activity (Article 172 of the Criminal Code of the Russian Federation), and a number of others.

“I will say right away: the circle of persons who potentially fall under the amnesty will not be very wide,” admitted Harry Minkh, the Presidential Plenipotentiary Representative in the State Duma, at a plenary session of the lower house of parliament on Tuesday. Only those who have committed a crime for the first time and have already compensated the victim for the damage will be able to count on the mercy of the legislators. “The damage will be compensated not only to the state, but also to legal entities and citizens. This condition, in my opinion, is correct and humane. We sometimes forget about the victims,” said Pavel Krasheninnikov, head of the Duma Committee on Legislation and member of United Russia.

However, the amnesty will affect those already released on parole, or sentenced to punishment not related to imprisonment, or whose punishment has been deferred. It is assumed that their criminal record will be expunged. At the same time, the amnesty will not apply to people who have already been amnestied or pardoned, or who were convicted under an ‘entrepreneurial’ article but also have other transgressions.

“This is an agreed-upon position; the issue has been discussed repeatedly,” insisted Minkh. “The initiative came from the business community.”

However, Communist Anatoly Lokot was interested in how many people would be released in total. “Why is there no number (of those falling under the amnesty — Ed.) in the document?” he wondered.

Harry Minkh admitted that he could not name a specific figure. According to his information, there are 1,299 cases under investigation by the Ministry of Internal Affairs that are potentially subject to termination. Of these, 985 cases are in progress and 314 are suspended. The number of suspects is 1,280, of whom only 22 are in custody. According to the data provided by the Federal Penitentiary Service (FSIN) by Minkh, 180 people will be able to leave correctional institutions, and 160 from pre-trial detention centres. 1,350 people who are registered with criminal-executive inspections will be able to be released from punishment.

Communist MP Yuri Sinelshchikov remained dissatisfied with the amnesty, calling the document ‘humane’ only at first glance. In the opinion of the CPRF member, it is not based on legality and the proportionality of the measures applied. Therefore, the Communist Party faction will not support the amnesty in its current form.

“Attitudes towards the amnesty in society are wary,” said Sinelshchikov, citing as examples countries where amnesty is not used at all, such as Norway and Estonia. “The resolution under discussion does not explain why or for what purpose we are going to apply the amnesty. Many believe that a large number of entrepreneurs have been convicted without guilt. Why not check the cases and release them?” he reasoned.

LDPR leader Zhirinovsky, in turn, put forward an amendment to the document. “We insist that those amnestied should go to live in the Far East,” stated Vladimir Volfovich. But this idea did not find support.

However, United Russia member Viktor Pinsky considers the document optimal, as it will allow those who have stumbled to reform. “This is another important step on the path to liberalising criminal liability,” he is confident.

As a result, the deputies approved the amnesty resolution in three readings at once.