280 (Public calls for extremist activity), 282 (incitement to hatred or hostility, and humiliation of human dignity), 282.1 (Organization of an extremist group), 282.2 (Organization extremist organization) of the Criminal Code are basic, which are currently being implemented criminal prosecution of the national conceiving patriots who openly oppose illegal immigration, rampant ethnic crime, the dominance of foreigners in certain segments of the economy and the labor market. The content of these articles of the Criminal Code, see "Laws" of the site Russian protection.
Prosecuted under these articles of the Criminal Code, in most cases are just Russian patriots, which indicates that the electoral political nature of these criminal prosecutions. This circumstance is also the main specificity of these prosecutions, which requires a specific approach in the organization of the Patriots defense.
These recommendations can not accommodate all the possible features of criminal cases. They are only intended to provide a basic, most general guidelines that can help in the prevention of excitation, termination started production of criminal cases by making him an acquittal, reversal of the conviction.
In a strictly legal sense, these articles of the Criminal Code allows for the criminal prosecution in every case where the actions of certain individuals show signs of extremist activity in the form as a concept formulated by the Federal Law "On Countering Extremist Activity" (with the exception of Art. 282.2 of the Criminal Code ).
According to the Act extremist activity are:
1) the activities of public and religious associations or other organizations, or the media, or individuals to plan, organize, prepare and perform actions aimed at:
forcible change of the constitutional system and the integrity of the Russian Federation;
• undermining the security of the Russian Federation;
• seizure and usurpation of authority;
• creation of illegal armed formations;
• terrorist activity;
• inciting racial, national or religious hatred, and • social discord associated with violence or calls to violence;
• humiliation of national dignity;
• implementation of the riots, hooliganism and acts • vandalism motivated by ideological, political, racial, • national or religious hatred or enmity, as well as on • hatred or hostility toward a social group;
• propaganda of exclusivity, superiority or inferiority of citizens on the basis of their religious, social, racial, national, religious or linguistic identity;
2) propaganda and public demonstration of Nazi paraphernalia or symbols or paraphernalia or symbols, similar to Nazi attributes and symbols of confusion;
3) public calls for such activities or the performance of such actions;
4) financing of such activities or otherwise promoting its implementation or execution of actions, including providing for the implementation of these activities funds, real estate, training, printing and logistics, telephone, fax and other means of communication, information services, other materials and equipment.
Due to the fact that the concept of extremism legislator formulated in a more general and extensive form, law enforcement can not make their own decisions about the discovery in the actions of patriots signs of crime, prosecution and indictments do not having a positive opinion of specialists in the field of linguistics (social psychology) that the statements or actions of any Patriots really are signs of extremist activity. This makes it a pretty effective way of patriots legal protection at all stages of criminal proceedings, which is to create and use in the defense of alternative charge of professional opinions about the absence of the alleged actions of extremist activity. This in more detail below.
The exception to this general rule is st.282.2 Criminal Code (organization of the extremist organization), which allows for the prosecution only if an enforceable court decision on liquidation or ban the activities of your organization in connection with its extremism. For example, if in respect of DPNI so decided, any further work under the banner of DPNI need to turn and resume registering under a new name, such as the Movement against illegal immigrants. In this case, the acronym DPNI also need to be changed, for example, DvPNI. Statutes, and statutes must be so as to create new and do not coincide with literally the same.
PREVENTION OF PROSECUTION
The most common recommendations for the prevention of criminal cases on these articles are as follows.
With the publication of printed materials and public voicing problems associated with a Jewish yoke, illegal immigration, ethnic crime, the domination of foreigners, etc., to avoid generalizing the characteristics and findings on a particular ethnic group. For example, the enumeration of crimes committed by an ethnic criminal group and the requirement to expel her and others like her out of our land can not be qualified as incitement to ethnic hatred. But the demand for "expel foreigners occupying markets, commit crimes with impunity", already subject to the definition of extremism, as contains a general characteristic in respect of any and all foreigners.
In the discussion of the government's actions should be guided by one common criterion — blaming power as such (without specifying the individual organs and officials) can be anything — in the genocide, national treason, misappropriation of national wealth, corruption, crimes against his own people. Any same specification for individual agencies and officials require specific evidence of any charges. Describing, for example, the "criminal activity" of a particular person need to refer to the force of law with respect to the convictions of the person and only for him to use the term "criminal activity." Otherwise, you may incur criminal liability for defamation. The main principle of allegations of specific organs and people — is the availability of evidence on each charge. In this case, the evidence can not be reported by any information, if they are without any documentary evidence.
Smart combination of specific charges, to obtain evidence and logically related general conclusions about government in general, and provide an opportunity to convey their thoughts, and to avoid prosecution.
Any public incitement to armed insurrection, violent overthrow of the government, the creation of their own government, the armed forces, also qualifies as an extremist activities. Legally convey these important things can be in the form of dreams and desires, and then only with great care, in consultation with linguists (social psychology) and lawyers.
The most common criterion for selecting legal ways of campaigning and action should be continued with the comparison of the above-mentioned the concept of "extremist activity" and in case of doubt — appeal to lawyers, linguists, social psychologists for explanations.
ACTION in the prosecution
The political aspects of security.
If, nevertheless, the persecution began, and as such can be considered law enforcement officers already check for a criminal case, before starting to work, you need to be defined in the following circumstances.
If the check is authorized by any appeal to the prosecutor injured foreigner or "human rights" organizations such as the Moscow Bureau for Human Rights, the zeal of prosecutors will hardly be expected. Close this thing will be easy at the time of inspection, if you set a normal human contact with the investigator, who may, in the shower even sympathetic to our cause, as is often the case.
It must be understood, the lower stage of the criminal process, the easier it is to close the deal. Accordingly, we can not sit and wait for what the check is completed, then the result, and then the court. Must be immediately and very actively involved in the protection, trying to prevent the very criminal prosecution.
As mentioned above, the specific consideration of "patriotic" of the Criminal Code, is that law enforcement can not make the decision to institute criminal proceedings, not having a positive opinion of experts in the field of linguistics (social psychology) that the statements or actions of those or that the Patriots really are signs of extremist activity.
Despite the prosecutor's staff is often initially file a criminal case on the "patriotic" article, and only then seek the opinion of experts. If it is not caused by openly hostile position prosecution, but only a lack of professionalism, we need not on this immediately strain relations.
In the same case, when the custom mood prosecutors initially felt in everything, you must immediately take a very hard line and begin to appeal against virtually all blemishes investigation, the benefit of the "good" in our investigators always enough. At the same time need to spin a political scandal with all forces and means that we only have at this time and in this place. It is very important for us all to learn how to combine their efforts for any such criminal proceedings and to receive from him the political outcome, the consequences of which would be for the government are such that repulse her hunt to do so in the future. Only such a result (regardless of the outcome of the criminal case) will cause the power to abandon the tactics of criminal prosecutions as patriots in a particular region and in Russia as a whole.
Must learn to turn every criminal prosecution in serious political event that would bring power from the disparate targets of persecution moral and political losses.
Enlistment of the public attention, the media, the constant (but correct) call on the phone investigator for the case, the prosecutor, the public in the media predicting them (poor, related political order) action as exclusively and necessarily guilty, pickets, rallies, leafleting (not against the prosecution, and against the yoke Yid, inorodcheskogo dominance), and so on, have a more powerful effect than the most competent legal defense.
To be sent out to organizations friendly telephone prosecutor and investigator for the case, a request to call and express all that we think about criminal prosecutions. This psychological factor of significance. Personal touch always makes a bigger impression than the written appeal. After hearing from dozens of people from different regions of the country outrage at the persecution, the desire to stop this headache (criminal case) will be greater than that of the stack of appeals, which can be folded neatly into a corner without reading. It is extremely important that the callers were correct. Threats and insults are not allowed. This will cause anger and directly opposite effect.
But this does not mean that the letters and appeals are not necessary. Very important official appeals prominent organizations, parliamentarians, social and political activists. This is an important component of a status that determines the level of political affairs. Written applications are also required additional component. But it is better, if funds allow, instead of letters to our people just called and literally "get" the prosecutor.
Thus, we need to understand that only a powerful socio-political factor of each criminal case initiated by the "patriotic" article can be considered as a real protection from prosecution Patriots. But this requires a unity of effort. The power is not all-powerful, and very keen to ensure, that its action is not inciting the people against it. This must be used to create those following us, the status of a traitor to his people, the servants of the Jews, the oligarchs, aliens, criminals, giving at the same time the possibility of prosecutors to close criminal cases.
If the case is still moved to the stage of the proceedings, by this time should be formed a complete political scandal. Should with even greater intensity to continue rallies, pickets, pressure MPs and public figures with simultaneous sound defense in court and in public discussion of errors pejorative accusations in the media (and they always are).
Such non-legal means of protection give us a real chance to bend the will of the authorities and get them to justify our ally, even if there is reason to condemn him by law.
Legal aspects of protection.
Core, which determines the outcome of criminal cases on "patriotic" items, is, as already mentioned, the conclusion of the expert (expert). At the stage of testing a positive conclusion provides a basis for a criminal case, a negative — a denial of excitation. Clear criteria here. This question is purely evaluative research. And very much and tochneepochti everything depends not on the investigator for the case, and not on the judge hearing it, and on who will give the said conclusion, ie from an expert (the expert). Therefore, experts in the fields of psychology, linguistics, and are in fact those figures, on which the outcome of the case on these elements of crimes.
Such opinions obtained during the preliminary investigation or trial, acquires the status of legal expertise.
In case of positive decision, giving the investigator the opportunity to make an indictment and trial — a guilty verdict, it is necessary to do everything possible to get opinions from other specialists with opposite conclusion to that upon which the charges against our colleague. It is desirable that such alternative charges of expertise has a higher scientific status of the expert institution or individual expert (specialist). The fact that our courts are generally not particularly bother to custom affairs, believing that the sentence in any case, stand by the political order on him. When there are two conflicting assessments (opinions), they tend to give preference to a reasoned examination of the prosecution, believing that this aspect is part of the free evaluation of the evidence by the court. However, the Constitutional Court, in one of its rulings (№ 451-O of 20.11.2003), the courts ordered the conflicting evidence in the presence of experts (specialists) do not leave them on the freedom of their evaluation, and to conduct a new examination to rectify inconsistencies. This requirement of the Constitutional Court, as a rule, never fails to give us an established relationship with a registered business, the grounds for annulment. But need to be attached to the case alternative professional judgment, on which to build a defense. Themselves as experts should be brought to participate in the proceedings to give answers on the merits of the charges. As a result, in the case file will be conflicting evidence: expert opinion of the indictment, and perhaps most of the expert testimony on the one hand, and our voucher scientific advice and testimony of our expert (experts) on the other side. If the court refuses to heal the charges and make a guilty verdict, we will have a real chance at a reversal of the verdict.
If the court did go to eliminate contradictions and put the issue on a new expertise to address them, in this case it is necessary to have one more left our scientific (expert) to establish, or at least — an expert (the expert), in which ( whom) and invite the court to make an examination. Bear in mind that for the examination in scientific (expert) facility initially chosen institution, and only then by the agency assigned to a particular judge for inspection. So do not highlight our expert working in an institution. Should offer a scientific institution, and after receipt of the case file there for examination to decide whether to our specialist expertise and instructed.
But in general terms, it's basically what the purely legal aspects of protection. However, once again, that the outcome of cases under articles 282 and 280 of the Criminal Code in purely legal terms, is almost 100% dependent on the result of the examination (examination). This is the core of the criminal case, which should be given priority.
The subjective aspect of the crimes considered practically determines the outcome. So do not try to win the case on the fact that I supposedly did not know that because you can not write or speak. Moreover, such a position does not paint us patriots. The exception, perhaps, is only art. 282.2 of the Criminal Code, which in some cases can prove that the suspect (accused or defendant) did not know and could not know about the decision of law the decision to remove or ban the activities of your organization in connection with its extremism. If this fact is proved, then the offense is formed and bring the person to justice impossible.
Our problem, in terms of increased pressure on the national liberation movement, would be to not to miss any opportunity to turn a prosecution against the Patriots in our political process, the burgeoning Russian resistance, using the criminal case as the fuel of the process. Any actions of the government against us should lead to disproportionately large problems for her than she had intended to solve. This calls for organized efforts and unite all patriotic forces. None of the Patriots did not have the right to remain indifferent to what is happening elsewhere had harassed our soratnikov.Posilnoe part of every patriot to protect each of those put under judicial custom, eventually results in a powerful political factor that made the sale of power in the eventually disappears hunting continue their vessels escalate the situation. That this should feel it trembling in every criminal case against our allies. And never forget this is a very unpleasant condition for themselves. And it depends only on us. One for all and all for one — that's the key to our success.
Therefore, we should not rely on the legal battle in the courts with a guaranteed sewer drain most skilled of these efforts, and the creation of an entirely certain confidence in the sale of power in only one — that its repression against us lead to the loss of political control over the situation. Need to find the strength to every criminal proceeding against us to turn to the process of growth of national protest. And this is definitely stop zhidolyubivuyu power because it will make in fear at the sight of the Russian people, who began to wake up from a deadly slumber.
AA Mozzhegorov, 2007