now much cleared up, new, very sharp facts. I wrote about them in previous publications, and write more. The most important thing is the availability of personal material interest of the public prosecutor and a former investigator in one of our face. For example, persistent desire to provide grassroots buy a car in one of Moscow's salons, as a serious crime. Thus, any car buyer in this cabin would automatically turn into a criminal. You are nothing like "? Excellent relationship with the victim when the prosecutor came to her on the court under handle (there are a few photos). There is evidence of how has published the notorious 2 video, where I represented the victim. I always wondered. When and where they might appear in the network. Thought that this bad joke, with someone from accomplices. On this day, I was told seven petitions, none of them had satisfied. Irina was in the hospital, and a couple of weeks I was discharged from the hospital. Went every day to the procedures in the clinic Microsurgery eyes ... About it in the next post, now let's honor my performance in the debate ...
in Section S T U P L E N and E P R E H & H X
«09 October 2009. Volgograd
According to the indictment conclusion of the criminal case
I Galitsin GA accused of committing crimes under Section "B" Part 2 of Art. 242.1 and Part 2 of Art. 174.1 of the Criminal Code.
Let's start with the prosecution under Part 2 of Art. 174.1 of the Criminal Code.
So I feel totally frivolous and completely unproven, charge of the legalization of funds acquired through the commission my crime. The prosecution alleges the existence of my accounts at Parex Bank, or what that other foreign banks (their way does not exist anymore), but the fact transfer of funds to pay the car from the accounts of these banks are in no way proven. Hammer my car was purchased in 2005 for cash received from sales of albums released in Germany, royalties for the publication in European journals, articles and photos. This fact was investigated by the court and totally disproved by the prosecution. I explained to the court order calculations taken Autocentre "Genser", Novoyasenevsky Ave, 8, Moscow [Autocentre "Genser", Novoyasenevsky Ave, 8] E-mail: HYPERLINK
"mailto: jasenevo@genser.ru" jasenevo@genser.ru tel.: 8 (495) 786-2626 dop.74-19 and 8 (495) 797-95 - 00 I talked to the sales companies and representative offices of MDM Bank Autocentre "Genser"
They explained that the non-cash they do not accept payments at all! And this arrangement has existed since 2005. Department of MDM Bank is a partner Autocentre "Genser" and performs cash management, encashment and cash payments when buying cars in the auto center. Different order of calculations in Autocentre "Genser" is not provided and no legal problems in this regard does not arise. They are ready to assist and give all explanations on the order of calculations. I do not understand why the investigation has not learned or done form that does not know about it. Also, the prosecution does not prove that the money paid for a car derived from criminal activity. Legalization involves criminal intent, the presence of target, and repeatedly, and this purchase was the only major purchase for many years. I do not think well, that the presence of a vehicle is a crime. Car Hammer was the only vehicle in our family at the time of his arrest.
For me sane acts provided for in Subsection "B" Part 2 of Art. 242.1 of the Criminal Code.
believes that the charges brought against illegal and criminal proceedings instituted against me unreasonable and subject to termination for the following reasons:
in the act, imputed to me there is no offense under Art. 242.1 of the Criminal Code.
essential lack of investigative practice in cases brought under article 242.1 of the Criminal Code is that the investigators are all paying attention to the circumstances that characterize the subject of a crime under Art. 242.1 of the Criminal Code, and it is left unattended object (although the object and its attributes are the subject of proof every criminal case), which is in itself a flagrant violation of procedural law and leads to gross errors and illegal decisions.
Legislatively determined that the object of the crime under art. 242.1 is public morality - a set of moral rules, a dominant position in society.
In foreign countries, where the power of an ethics based on religion, the status of public morality have norms of religious law and morality.
in the USSR during the Soviet period the status of public morality had norms of the moral code of the builder of communism.
After the adoption in 1993 of a new Constitution, in the Russian Federation has changed the state system. Along with him has changed and a set of moral rules, a dominant position in the new Russian society.
current status of public morality in the Russian Federation have the norms of secular humanist morality, providing moral justification of human rights - the constitutional rule of law.
Stories aware that violation, neglect, deprivation of citizens' human rights and fundamental freedoms is the main cause of social upheaval, so the new Constitution obliges all recognize, respect and protect human rights in general, sexual rights and freedom in particular, since the violation, neglect, deprivation of citizens' sexual rights and freedoms leads to sexual revolutions.
main features of public morality, which provides a moral justification for sexual rights and fundamental freedoms enshrined The following articles of the Constitution:
Art. 20 guarantees citizens the right to life means that it guarantees us the right and the sexual life;
Art. 28 guarantees freedom of conscience, ie, freedom of moral beliefs, therefore, it guarantees its citizens freedom of moral beliefs in sexual relations;
Art. 29 guarantees freedom of thought and speech, and hence, it guarantees freedom of sexual thought and speech, the right to freely seek, receive, transmit, produce, disseminate information, including sexual information in any legal way;
Art. 44 guarantees the freedom of creativity, so it guarantees the citizens of the freedom of production, distribution and consumption of products on the theme of sexual love, sexual life.
Article 242.1 of the Criminal Code is based on the requirements of international Geneva Convention of 12 October 1923 "On the Suppression of indecent treatment (in Russian translation pornographic) publications and trade."
This convention was adopted by the Governments of the countries where the status of public morality had norms of religious law and morality, and is due to the requirement religious canon № 100 Books of the rules of the saints of the ecumenical councils.
Article number 1 of the Convention obliges prevent the manufacture or possession with intent to sell or distribute obscene items. Consequently, it provides for deprivation of civil rights to manufacture, distribute and consume products that in terms view religious morality are obscene.
In this part of the convention in contravention of article number 55 of the Constitution of the Russian Federation, which provides only the possibility of limiting (the circle of persons to places of distribution) but not depriving citizens of their right to manufacture, distribute and consume a sexy product.
Currently, according to Art. 13 and Art. 14 of the Constitution of the Russian Federation, neither religious nor communist morality are not the dominant, therefore, in Russian Federation are not the object of crime, which can be injured by the act under art. 242.1 of the Criminal Code, so the adoption of new Constitution RF this article are subject to decriminalization. However, this did not happen and it still continues to operate.
special study of this issue shows that Art. 242.1 of the Criminal Code was adopted by the State Duma, mistakenly, without regard to the requirements of Articles 13 and 14 of the Constitution, so this article was not appropriate st.st.1, 2, 13, 14, 28, 29, 44, as well as art. 55 of the Constitution of the Russian Federation.
Given that the international Geneva Convention of 12 October 1923 and is based on her art. 242.1 of the Criminal Code does not comply with the Constitution of the Russian Federation, according to paragraph 6 of Article 125 of the Constitution of RF, they are not enforceable in the territory of the Russian Federation.
assertion that I sold or distributed through the Internet
pornographic materials or items is not accurate, reliably established facts.
Pornography (From the Greek. "Pornos" - libertine and "Count" - I write) literally means "image of depravity." In the contemporary discourse pornography - "a kind of erotic works, the subject image which is a tough, cynical sexual behavior, combined with the aggressiveness, cruelty, violence or defined as a sexual perversion: sadism, masochism, pedophilia, bestiality, necrophilia, coprophilia, urolagnia.
Therefore, to one or another product could be recognized pornographic, it is necessary to establish that the subject of the image it is corruption, ie deviant sexual behavior.
specialists, capable of skillfully described sexual behavior as deviant, is a doctor-sexologist and lawyer-sexologist, a specialist on sexual offenses and crimes, and therefore to identify pornography on the stage of preliminary investigation initially be appointed by sexological examination.
After appropriate experts stating the fact the image of depravity, the product can be called pornographic, but it's still not enough to address the issue of a criminal case.
Science suggests that pornography, in terms view of its ideological orientation, is divided into two types: the pornography, which is a sign of danger to society, and pornography, which has no such trait.
The second category refers to pornography, which the authors expose and condemn corruption, give him an adequate moral evaluation. Such pornography no sign of danger to society and is not subject to Art. 242.1 of the Criminal Code.
to the first category are works which, by their ideological orientation is the propagation of depravity: where the author promotes, glorifies or promotes debauchery, where you can see the clear intention of the author to give evil a virtue. Such works may lead to moral confusion of personality and affect the behavior patterns of the reader or viewer. This directly and is the main sign of danger to society of criminal pornography.
From the above it is clear that under article 242.1 of the Criminal Code may be subject to only pornography, having qualified by: promoting debauchery.
To effectively identify precisely those works, after the production of sexological expertise should be appointed literary, film studies or art history expert (depending on the type subjected to investigation product), which should answer the question: to what purpose the author applied to the image of depravity?
As you can see, the problem of detecting criminal pornography solved in two stages: first, through consistent application of the sexual, and then - art criticism, film studies or literary criticism examination.
film studies expert and was not nachznachena.
Only an integrated approach to solving this problem allows us to observe the principles of maximum objectivity, comprehensiveness and completeness of research, so experts advise when deciding whether to initiate criminal proceedings under Art. 242.1 of the Criminal Code to conduct diligence.
composed of experts was listed as director of the Museum of Fine Arts Dodin TA It was not interrogated during the trial, despite the promise Chernyshov SV bring all the experts. According to my information, it participate in the examination has been reduced to a signature on the documents brought to her.
I know this from According to the correspondent of the newspaper "Hometown" Larissa Sheremet, close to knowing Dodin TA A second expert in the complex psychological - seksologo - art criticism examination, Black NA very clearly expressed on the age models, which implied its specialization, and came to a beautiful conclusion that a girl clearly not of childhood, and to pinpoint their age, within 2-3 years is not possible. That he could not do and I when it comes to for example "the victim". Bazhenov JA at the time of our acquaintance has changed several professions. We knew that she was selling ice cream, and then worked as a waitress in a nightclub in the Settlement. We never her a ride home, but only until it works. All her fantasies, that we somehow kept her at work remain its allegations, because we did not even know her home address.
She was an adult, working, independent woman, not the schoolgirl, as it introduced the investigator he is the public prosecutor. She went through a few papers before our arrest, and some after. Before our arrest, she worked as a waitress in a shopping center "Pyramid", where we and our friends have seen it repeatedly, at work, in cafes mall.
And definitely look was developed, much older his physical age. There is a video where she says she 19, and it's no one in doubt. The existence of which the aggrieved poddtverdila In his testimony in court.
Finally at some point the court hearings, in our case, she wrote that claims do not have, and their testimony is refused. Nevertheless, there is one more time to inform the court New details of the necessary investigation, and now the representative of the state. charges with respect to car and any other facts. I think people, changing testimony many times, can not merit any confidence. Also, I believe that if we doing what is really criminal, the investigation would have the most evidence.
return to the complex psychological - seksologo - art criticism examination, which found signs of pornography in some parts of our products. I can say once again that our products have been recognized as legal in all Europe and the USA. It has never been pornography, and this part of the legality of our products in the world, came into conflict with the results of consequence of the examination. Without limiting the general words, I would like to discuss the composition of experts.
Order of the Ministry of Justice № 162 from 20.07.2004, in the list expert specialties by paragraph 4.1 was introduced specialization: "Investigation of photographic images and technical means used for their manufacture »
And in paragraph 4.2" The study of photographic materials »
In paragraph 5.1, there is expert specialty" Identification Rights of photographic images "ordered the Justice Ministry № 161 from 01.10.2004
I want to note that experts in these fields has not been as part of the expert commission, despite the fact that directly investigated the photo and video products, which should have been at least identified rented from us girls.
expert specialty Kislyakova Victor Petrovich, Head of CSIS expert service company "analyst", the head of the Volgograd Branch of the Russian Psychological Society psychologists practicing according to the "House of forensic experts" and "register of certified forensic expert" specialty 20.1 "Investigation of human psychology and psychophysiology. I have no doubt that he is an outstanding expert in his field, but has no nothing even remotely related to the above specialties related to photography or video production.
fact that he is the head Volgograd Branch of the Russian Psychological Society, only confirms the irregularity, and even the illegality of his participation in the ongoing examination. The decision of the court on September 21, 2005, Judge Iskanderova TG its decision to recognize the Volgograd city public organization "Association psychologists practicing in Volgograd "on the basis of which carried our expertise ceased to operate as a legal entity. This fact makes illegal the entire examination on the basis of which hold a charge. Also reportedly Kislyakov Viktor Petrovich is in labor relationship with the prosecutor's office area, therefore a person concerned in giving biased conclusions.
During the hearing were investigated two determinations of the complex psychological seksologo-art criticism forensic dated 05 February and 20 February 2007 respectively.
Examinations performed specialists NA Black, TA Dodin and VP Kisliakof
We believe that these expert opinions are made without sufficient clarity and completeness of their findings. Study carried out taking into account the methodological and special materials are not appropriate research topic and objectives that must be resolved in the process of examination.
The production expertise, or prior to her appointment had not been translated from English into Russian all the texts (titles of films, other information).
All methodological sources cited in the expert opinion, morally and ideologically old, does not correspond to the actual realities of the time and in the case their application in the investigation of the feature film "Little Vera", this film would have been considered pornography. Modern
this research, and it is certainly known to all members of the expert committee is conducted according to modern methods, the author of which is Kulikov VN, one of the leaders Bureau of Independent Expert "Version" (107076, Moscow, st. Matrosskaya Tishina, 23 Building 1).
This technique intentionally, and may not be deliberately used by experts was not.
Also in court were examined expert studies carried out by the same experts that their conclusions came into conflict with the conclusions of expert opinions.
Can we trust the conclusions of the above group of "experts" when using the same techniques in a single document recognized by the evidence, they argue that the video shows teenage girls, and in other written proof of the converse, define age girls is not possible due to the lack of reliable methods and criteria.
This discrepancy and contradiction of the same experts in the study of the same material cast doubt on the validity of the conclusions and call for a re-examination, production of which possible only in a different part of specialists.
Very shortly I will return to the merits of our state prosecutor.
Perhaps the only precedent in judicial practice, when the investigator leading the criminal case, it becomes a public prosecutor in court. I'm from the outset strongly objected against his participation. In the early consideration of the merits all of the accused confirmed the pressure on them Chernyshov SV They all recognized the beginning of the investigation under its pressure does not exist and all the blame on these confessions have refused, as soon as they emerged from the process-depending on Chernyshov SV Videos that became the subject of litigation, I think sensuality. Since the beginning of this investigation, I constantly argued, moreover, so consider all the defendants in the case. With regard to me and my wife, since we originally did not acknowledge guilt, Chernyshov SV employed more than impermissible pressure. On this occasion, I wrote A number of complaints, petitions and appeals. According to some facts of these claims were verified and Chernyshov SV received a penalty in the service. Since the beginning of the investigation we have established more than a hostile relationship, because I think Chernyshov SV, indirectly responsible for the death of my mother, 3 months after my arrest, unlawful detention custody of my wife, as well as personal factors such as the proposal to her cohabitation during the investigation. On the example of Peter E. we saw that it brought the desired result, it withdrew from the accused. But why an investigator may with impunity using their position for personal and selfish purposes, I unclear until now. And as the same man, his face more than interested in my landing in jail, can act a public prosecutor in court.
And as data is available, I gave them in the application of 09.10.2009 was, about what Chernyshov was punished for a lost passport in the process of investigation, hence there more weighty than the circumstances of his removal from the criminal case.
As can be seen from the criminal case, the investigator initially made a series of tactical Error:
blindly relied on the authority of experts;
obediently followed their conclusions;
actually elevated to the rank of expert "scientific judges»;
fully presented the fate of the defendants in their hands;
not check the appraisal results are not evaluated them critically, and therefore did not notice that all the conclusions consist of only an introductory parts and findings, that the most important part - the research proving that research is truly - is missing: there is no description of the study, no analysis of the art on examination of video, there is no list of the evidence upon which the experts did appropriate conclusions.
According to the experts., Pornography - it's "samotselnoe reproduction sexual relations exclusively for sexual excitement instincts of the audience is different artistic or educational problems. " This - the old definition (definition) pornography, which was used in the late 19 th and early 20 th century in France, where does such a goal, as the excitement of sexual instinct "was considered sinful. Why does the expert group under the leadership of VP Kisliakof decided to use its expertise in the practice of this old French definition, from which the French themselves have refused to even in 60 of the last century, it is difficult to understand.
The problem is that using such a definition requires the expert to carry out:
a) the artistic analysis of the the examination of works and prove that they do not have any artistic or educational value (in practice this is not possible because every product always has any artistic or educational value);
b) sexological experiment involving sexologists, experts on the physiology of sex to prove experimentally that submitted for examination work truly have the ability to exciting act on the "sexual instincts of spectators." In France, for this purpose took 12 subjects (usually from the military) against them to review the product and if 7 out of 12 participants in the experiment appeared erection, the fact of "excitement of sexual instinct" is contested.
None of the available materials of the case of many "expert opinion" does not contain any evidence proving that the art analysis presented to the examination of magazines and videos is really conducted in the course of this analysis it was found that they have no artistic or educational value.
None of the available materials of the case of many "expert opinion" contains no factual Data showing that the study was conducted sexological experiment, that it involved doctors - sexologists, with special knowledge in matters of physiology of sex, and that during this experiment were indeed identified cases of the exciting effects of the investigated products to "sexual instincts" of readers or viewers.
The above facts give rise to reasonable doubts that the group of experts under the guidance of VP Kisliakof any research subjects presented in the case file as evidence, actually carried out, what were they objectively, comprehensively, fully and in accordance with the state of knowledge on the history and theory of pornography, as requires art. 8 FZ "On state forensic activities in the Russian Federation."
All of the above together form the ineradicable doubts about the assertion that at the moment I'm really spread pornographic material, and did so with the direct intention.
According to Clause 3, Article. 49 of the Constitution of the Russian Federation ineradicable doubt must be interpreted in favor of defendants.
According to part 1 of article. 15 of the Constitution of the Russian Federation, the court can apply the Constitution of RF as an act of direct action.
Based on the aforesaid and guided by Articles 1, 2, 13, 14, 28, 29, 44, 55, Clause 3 and Article 49 paragraph 6 of art. 125 of the Constitution of the Russian Federation,
REQUEST:
when deciding on the case I use the Russian Constitution as an act of direct action;
recognize me guilty of a crime under Art. 242.1 of the Criminal Code.
Based on the evidence of my innocence, resulting in the process of judicial investigation, ask the court to properly assess the results of the examination and the arguments presented here and justify my collection charges brought against me.
Please also take legal and informed decision as to who was arrested I had property (car, things seized during the search).
09.10.2009, the Galitsyn.G.A /
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