And for what kind of recording device can you get under the Criminal Code.Evgeny Vasiliev. Photo from his page in Odnoklassniki
RT correspondent at a press conference of Vladimir Putin raised the issue of the criminal case of a farmer from the Kurgan region, who is being judged because of an “espionage” microphone in a GPS tracker for a cow. According to the television channel, in 2016 the courts considered 228 cases under Article 138.1 of the Criminal Code of the Russian Federation and issued only one acquittal.
How did Putin learn about the criminal article
At the beginning of the fourth hour of the press conference, presidential press secretary Dmitry Peskov reported on the SMS message accusing him of “behaving towards RT as the US State Department.” Sands immediately transferred the microphone to a correspondent of a television channel, who recently became a foreign agent in the United States. Soon RT editor-in-chief Margarita Simonyan confirmed that she wrote to Peskov.
RT correspondent Ilya Petrenko devoted the third question (Peskov asked to ask no more than one) to a large farmer from the Kurgan region Evgeny Vasiliev, who is “tried for illegal trafficking in special means, for a GPS tracker that he attached to his cow.” The journalist called the problem “very important”, but could not explain to Putin what it is. The president did not understand what kind of criminal article threatens the farmer, suggesting that he did not pay a tax or made the device “underground”.
Petrenko: Despite the fact that the case is still under consideration, according to my information, last year more than 200 people were convicted. What do you think about this?
Vladimir Putin: I did not even understand why.
Petrenko: He ordered a device in China, which he attached to the cow, because it was separated from the herd.
Vladimir Putin: And it’s forbidden? Do I have to pay for this? He did not pay?
Petrenko: There is an article on which you can bring a person to criminal liability.
Vladimir Putin : I do not even know that there is such an article. […] About the fact that you can not attach to a cow – the first time I hear it. To the cats even, I know, screw the GPS and the “Glonass”, so that the cat is not lost. I do not understand what the problem with the cow is. Or he has to pay and does not pay. Or did it somehow underground.
Nevertheless, the president promised the RT correspondent to find out what kind of criminal article this is and “settle” the contradictions in it. The head of state did not mention concrete measures on the farmer’s case from the Kurgan region.
RT from the beginning of December closely follows the history of Evgeny Vasilyev and produces reports on this topic. Simonyan explains this by the possibility of “saving at least one fate and correcting at least one obvious and brutal cruelty.”
After the press conference, RT received the reaction of the accused farmer: he is happy with Putin’s answer and hopes that “by the New Year he and his family will be able to breathe freely and calmly.” The Prosecutor General’s Office returned the case to the district prosecutor’s office and promised to conduct a check. The fact that the matter will be resolved in the remaining two weeks until 2018 is hard to believe.
How a farmer became a criminal in a criminal case
Evgeny Vasilyev is 39 years old, he lives in the village of Lopatki, Lebyazhye district – it is 130 kilometers from Kurgan. He is an invalid of the third group and the father of four children, he lives on a pension and holds a subsidiary farm.
One of the calves of the farmer was constantly fighting off the herd – so as not to search for him in the fields and abandoned houses, he decided to hang up the GPS-tracker. This would greatly simplify the man’s life, since he developed bronchial asthma.
Vasiliev for 390 rubles ordered on AliExpress device Mini A8, running on Android. In the description of such trackers it is not directly mentioned that they contain a hidden microphone. Translation into Russian is made “broken” and with errors that the buyer acknowledged.
According to Vasiliev, on September 29, when receiving the parcel, he was met by two men with “crusts” of the FSB and the head of the village council. In his GPS-tracker was a hidden microphone, which is remotely activated via SMS-message.
Vasiliev claims that he did not intend to violate the law: he chose a GPS tracker after a laudatory reportage on NTV (probably this is about this material ), made an order for the “legitimate in Russia” website AliExpress, bought through Sberbank, and received the parcel at the post office . According to the accused, he did not know about the built-in “spy device”. This does not relieve him of possible liability.
The Investigative Committee accused the farmer of “illegally purchasing special technical equipment intended for secretly obtaining information” (Article 138.1 of the Criminal Code of the Russian Federation). Pensioner faces up to 200 thousand rubles fine or 4 years imprisonment. With Vasilyev’s conviction, his children will never be employed in state structures.
Even if a fine is appointed, it will still be a big blow for me. The disability pension is only nine thousand, and I earn a little by farming too.
Usually in such cases, fined 15 thousand. But even this for my family a large amount, which simply nowhere to take. Well and in itself criminal conviction is badly. What will my reputation be?
Lebyazhyevsky District Court began considering the case of Vasilyev on December 14.
For what kind of “spy” devices can be fined or imprisoned
“Roskomvoboda” stressed that cases of people getting “unknowingly” into criminal cases for “spyware” devices under Article 138.1 of the Criminal Code of the Russian Federation acquire a mass character. RT cited data from the Supreme Court: in 2016, 228 cases, one acquittal was passed. More often than not, people are punished with a fine, but some are put on real terms.
There are many such cases. Under the article got caught Pokemon in Yekaterinburg church blogger Ruslan Sokolovsky, who found a “spy pen.” Because of this device, a resident of Bryansk and a policeman from the Saratov region are being tried . Kurganets Vladimir Taktaev lost his freedom for eight months for trying to sell on Avito points for fishing, ordered on AliExpress. A resident of Tyumen is tried for a GPS beacon ordered in an online store. Residents of Yugra suspected of selling glasses with a video camera.
Prohibited devices in Russia, which can secretly record information, are abbreviated as “CTS NPI”. There are 10 categories of such funds, which Znak.com confirmed in the FSB.
- For unofficial visual observation and documentation;
- For tacit control over the movement of vehicles and other objects;
- To tacitly listen to telephone conversations;
- For secret interception and registration of information from technical communication channels;
- For secret penetration and examination of premises, vehicles and other objects;
- For the tacit control of mail messages and shipments;
- For secret research of objects and documents;
- To secretly receive (change, destroy) information from the technical means of its storage, processing and transmission;
- For private identification;
- For the secret reception and registration of acoustic information.
Are there plans to revise the contentious law
Turnover of technical equipment in Russia was tightened in 2011, but never entered the official list of prohibited devices. As stressed by the lawyer Vyacheslav Trankov, referring to the government’s decision , outlaws turned out to be all means for secret recording or surveillance.
Some lawyers believe that the wine lies partially with the customs, which should seize the prohibited items, but does not fulfill its duties. However, representatives of the Customs Service deny this: “We must find out that you have the right to import into the territory of the Russian Federation, and only after that order.”
At the same time, by December 2016 the Supreme Court of Russia recognized that a secretly made audio record could be proof. Judicial practice is already there: for example, the resident of Tver sued the money she lent.
The lawyers of the “Roskomvoboda” urged to review the “redundant” article, as the phenomenon of pet-tracker is common in many countries. OnlinePetition.ru launched a petition for the cancellation of the article – but it has no legal force and did not even collect 500 signatures. The Federation Council admitted that the law could be reconsidered, but this initiative has not yet been developed.