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November 29, year 2018

    In 2016 lawyers of EDAS Law Bureau, who represented the interests of the person convicted under part 3 of article 217 of the Criminal Code, filed a complaint in the Constitutional Court stating that person’s constitutional rights and freedoms are violated by the provision of abovementioned article. The contested provision allowed arbitrary determination of the form of guilt for the committed crime: either as committed by negligence or as committed with two forms of guilt, which in the second case assumed recognition of the alleged act as committed intentionally.
     Later on, in November 2017, a draft law amending the wording of the article 217 of the Criminal Code was submitted to the State Duma. The relevant Federal law was adopted on April 23, 2018 and entered into force on October 21, 2018. The amendments introduced by the legislator eliminated the uncertainty and directly stated the negligence in the description of the crime. These amendments allow us to make an unambiguous conclusion that the crime provided for in part 3 of article 217 of the Criminal Code may be committed only by negligence and relate to the category of the offences of medium gravity.

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