Russian lawyer Vitaliy Krasnoshapka, who previously worked with detainees in Kostroma“participants of the criminal group,” he said in comments to ForkLog that they have become a victim of the wrong qualifications.
As previously reported, a suspect is charged with article 172 of the criminal code “Illegal banking activity”, which implies the implementation of banking activities without registration or without a special permit. This qualification, according to the lawyer chosen by the bodies of preliminary investigation initially wrong.
“The fact that the rule is blanket in nature, as the list of banking operations is contained in the Federal law “On banks and banking activity”, which is closed and the extended interpretation can not be” — justifying their arguments Vitaly Krasnoshapka.
According to him, it is this list always appears in the licence of the Central Bank of the Russian Federation, issued by the Bank. Accordingly, the objective party of the crime provided by article 172 of the criminal code, is the Commission of any transactions from this comprehensive list without a license.
“They did not take deposits, did not give out loans, didn't open a Bank account, not issued Bank guarantees. Apparently, the bodies of preliminary investigation and the supervising attorney provide for the sale of foreign currency in cash and cashless forms — notes Krasnoshapka. — The fact that bitcoin in the sense of article 128 of the civil code does not exist as an object of civil legal relations. Therefore it is de jure impossible by law to make such transactions as purchase and sale, exchange, rent, donation, etc.”.
Also, according to the lawyer, the preliminary investigation bodies not only provide a deal with a non-existent object, but regard it as socially dangerous act.
“There is a strange situation where the state denies that bitcoin is a currency, but immediately attracts the persons accountable for the transactions with currency”
Thus, according to Vitaly krasnoshapki of detained persons have become, in fact, a victim of the “low level of legal literacy of the current investigators.”
“This is a Prime example of how the cart precedes the horse. Every day we read in the press that top officials of the state very highly about the possibilities of the blockchain, the lawyers of the Central Bank, Finance Ministry and the justice Ministry are trying to formulate some normative-legal acts regulating the industry, and at the same time people are put on the fact that they sell their property, — stated Vitaly Krasnoshapka. — Perhaps in the actions of suspects contains the composition of illegal business activities or tax evasion, but definitely not illegal banking activities”.