A criminal case was refused against a German citizen by OUR PRINCIPAL under clause "b" of Part 4 of Article 132 of the Criminal Code of the Russian Federation

The initiation of a criminal case was refused on the fact of the possible commission of unlawful acts of a sexual nature by a German citizen, OUR PRINCIPAL, in relation to a minor citizen of the Russian Federation under paragraph "b" of part 4 of Article 132 of the Criminal Code of the Russian Federation.

The defense was carried out by lawyer Boris Andreevich Grozny and lawyer Alexey Nikolaevich Volosyuk.

An investigator from the investigative department for the Primorsky District of the Main Investigative Department of the Investigative Committee of the Russian Federation for St. Petersburg has established that the Ministry of Internal Affairs of Russia for the Primorsky District of St. Petersburg has received verification material on the possible commission of illegal sexual acts by a citizen of the Federal Republic of Germany, our principal, against a minor, a citizen of the Russian Federation.

According to paragraph "b" of Part 4 of Article 132 of the Criminal Code of the Russian Federation, sodomy, lesbianism or other sexual acts with the use of violence or with the threat of its use to the victim(s) or to other persons, or using the helpless state of the victim(s) committed against a person who has not reached the age of fourteen is punishable by imprisonment for a term of twelve to twenty years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to twenty years and with restriction of liberty for a term of up to two years.

The objective side of the crime under Article 132 of the Criminal Code of the Russian Federation is the commission of sodomy, lesbianism or other sexual acts with the use of violence or with the threat of its use to the victim(s) or to other persons, or using the helpless state of the victim(s).

The objective side of the crime under Article 116 of the Criminal Code of the Russian Federation is not health, but a broader range of relationships - the bodily integrity of the individual. Beatings, characterized by repeated blows (at least three), do not constitute a special type of injury.

Both of these crimes are committed with direct intent: the perpetrator is aware of the public danger of his actions and wants to commit them.

During the investigation of this case, our client gave detailed testimony about not committing any illegal actions with the provision of relevant evidence, referring to the fact that this was a deliberately false denunciation of the child's mother due to conflicting relationships related to the order of communication with her daughter.

In accordance with the provisions of Part 2 of Article 140 of the Criminal Procedure Code of the Russian Federation, the basis for initiating a criminal case is the availability of sufficient data indicating signs of a crime.

In accordance with Part 3 of Article 14 of the Code of Criminal Procedure, all doubts about the guilt of the accused, which cannot be eliminated in accordance with the procedure established by the Code of Criminal Procedure, are interpreted in favor of the accused.

The provision of Part 1 of Article 17 of the Code of Criminal Procedure establishes that an investigator evaluates evidence according to his inner conviction, based on the totality of available evidence, guided by the law and conscience.

87, 88 of the Code of Criminal Procedure of the Russian Federation, verification of evidence is carried out by comparing them with other evidence, as well as identifying their sources, obtaining other evidence confirming or refuting this evidence.

Based on the above, the preliminary investigation body comes to the conclusion that there is no corpus delicti in the actions of our principal, provided for in paragraph "b" h, 4 of Article 132 of the Criminal Code of the Russian Federation.