Recently, the Supreme Court of Russia issued an important ruling allowing for the full confiscation of the joint property of the spouses in the event that one of the spouses has been convicted of treason. This ruling means that not only the traitor himself, but also the joint property of his spouse will be affected.
According to the Criminal Code of Russia, the property of the defendant includes personal property, joint property with others, and joint property of spouses. The ruling covers crimes such as extremism, state treason, and mass riots, as well as provisions that have been used for political oppression.
Yevgeny Smirnov, a lawyer for the humanitarian organization "Division 1", said that among the charges were provisions for political oppression, such as extremism and treason. In addition, he mentioned that confiscation is possible only if the property was acquired in a criminal manner, and the court must prove it.
Although the law stipulates that property forfeiture must establish a causal link between the crime and the property**, lawyers are concerned that in practice the evidentiary standard may not be rigorous. Moscow lawyer Vitoshkina noted that it is difficult to imagine that an apartment could become a criminal tool or means of publishing information on social networks. In her view, confiscation is possible only if the apartment is not only jointly owned, but must also be a criminal means or as proceeds of crime.
However, Yevgeny-Smirnov noted that it is often not difficult for courts to prove that any property is linked to a crime, which increases the likelihood of property being confiscated. He explained that the evidence of the court is often proof of law enforcement**, which may be a document drafted by an employee of the Federal Security Service or the Ministry of Internal Affairs.
Overall, this ruling could have far-reaching implications for Russia's legal system and society. On the one hand, it has intensified the fight against serious crimes such as treason;On the other hand, it raises concerns about legal justice, the protection of individual property rights, and political repression. Finding a balance between severely punishing crimes and protecting the rights of citizens will be a major challenge for the Russian legal system and society.