Cover Osteuropa 1-2/2015

In Osteuropa 1-2/2015
Teil des Lesepaket Rechtswissenschaft

Abuse of Criminal Law
The “Putin System” in the Struggle against Aleksei Navalny

Otto Luchterhandt


Deutsche Fassung

Abstract

The anti-corruption campaigner Aleksei Navalny is considered one of the most dangerous challengers to the “Putin system”. In 2013 and 2014, two criminal investigations were conducted against him in connection with his business activities. They ended with Navalny’s conviction for embezzlement and fraud. Detailed analysis of the indictments, trial proceedings, and verdicts shows: the allegations made against Navalny are untenable. Prosecutors and courts have violated the law and even bent it to achieve Navalny’s conviction. They reinterpreted everyday transactions based on contractual freedom and private autonomy as criminal offenses. The criminal trials and verdicts are blatant, ruthless, and cynical violations of Russia’s constitution, criminal code, code of criminal procedure and civil code. These are political trials carried out with the knowledge and consent of President Vladimir Putin, who is interested in Navalny’s prosecution.

(Osteuropa 1-2/2015, pp. 95–124)