The prosecutor's office of the Penza region declared illegal the decision to initiate the first criminal case on evasion from appearing on the summons to mobilize (Article 328 of the Criminal Code). This was reported by the head of the «Agora» Pavel Chikov.
“The Prosecutor's Office of the Penza Region [honored the Plenum of the Supreme Court and] recognized the decision to initiate proceedings as illegal. The suspect received the right to rehabilitation, including compensation for what was caused by the 48-hour detention,” the human rights activist wrote.
The Investigative Committee plans to appeal the decision of the prosecutor's office, added Chikov.
As Mediazona found out earlier, Maxim Moiseev, a former ambulance driver and father of two children, fell under criminal prosecution. Moiseev's wife Maria told Mediazona that she learned about the decision of the prosecutor's office from journalists, her husband has not yet received any official documents.
“We were sure that this case would fall apart. Because this is not a case, but a complete mess. First, he didn't hide from anyone. Secondly, they arrived with a search warrant dated July 5th. They singled out a whole detachment of riot police, as if the husband cut out half the village and went somewhere to hide. When they broke in, he was heating the bathhouse, twisting brooms on the second floor. He was first tied with the same rope, ”she noted.
According to Moiseyeva, after the arrest, her husband was “packed” and taken to the Gazel. On the way to the investigation department, the operatives told Maxim that he was facing up to 10 years in prison. Maria claims that Maxim tried to explain to the investigators that he did not come on the summons due to an aggravated stomach ulcer: “The investigators did not believe the documents about the disease that we provided, because they are from a private clinic.” Later, a doctor from a public hospital confirmed the diagnosis.
Moiseeva notes that the investigators did not threaten her husband, but “pressed psychologically”: “I myself was in the third month of pregnancy, all these days I went with pressure, I was sick and twisted, I could not sleep at all after receiving the summons: it’s just hard to fall asleep . Morally, it was very difficult, all the days in tears. Especially when the investigator yelled at him: «Get down, you've played enough!» And what did he do?” — Moiseeva is indignant.
The criminal case became known on October 5th. The head of the «Agora» Pavel Chikov then emphasized that, according to the clarifications of the Supreme Court, Article 328 of the Criminal Code can only be applied to citizens who evade conscription for military service.
«Evasion intent arose». A resident of the Penza region was the first in Russia to be charged with a refusal to mobilize — what is known about him
Updated at 16:58. Added a comment from Moiseev's wife.