Translated by Ollie Richardson & Angelina Siard
The former Deputy Prosecutor General of Ukraine Renat Kuzmin, who was widely in the days of Viktor Yanukovych as the man who sent Yulia Tymoshenko to jail, made a comment on the charges of high treason brought to the editor of “RIA Novosti-Kiev” Kirill Vyshinsky.
“The country is finally becoming a branch of a madhouse. A few hours ago, the Prosecutor General via FB informed the world that some Russians ‘opened in Kiev’ ‘RIA Novosti Ukraine’, and some Ukrainians committed ‘high treason’, when, while being in Crimea in 2014, they prepared materials justifying the annexation…
He apparently does not know that: Article 111 of the Criminal Code defines treason as joining the enemy at the time of martial law or armed conflict, espionage, assistance in subversive activities against Ukraine, deliberate infringement of its sovereignty, territorial integrity, inviolability, defense capability, and security, but certainly not the execution of the editorial task of covering the events in Crimea; and that Article 218 of the Criminal Procedure Code (CPC) establishes the rule of territorial jurisdiction, under which all crimes are investigated at the place they were committed.
This means that the Crimean Prosecutor’s office has no right to investigate crimes committed in Crimea on another territory, except the Peninsula. And if the CPC allows investigators to carry out some investigative actions in other regions, then it is possible to conduct an investigation as a whole, as well as to make procedural decisions only at the place where the crime was committed. In our case, in Crimea.
Under law, only the CPC determines the order of the pre-trial investigation, and until the Rada changes the rules of territorial jurisdiction, the evidence collected by the Prosecutor’s Office of Crimea during the investigation of Crimean crimes outside the Peninsula cannot be used as the basis of a conviction – they cannot be referred to by the court.
If the crime is committed on the territory of a foreign state, then Article 218 of the Criminal Procedure Code gives the Prosecutor the right to determine the place of the investigation. It turns out that Lutsenko considers Crimea to be Russian, since he defined Kiev as the place for investigating crimes committed in Crimea.
One last thing. What do you think, friends: why did Lutsenko invent new words (neologisms) and called the journalists of RIA ‘dirty propagandists’, the LPR and the DPR ‘lugandon’ [a pejorative expression used by Maidanists to describe Donbass – ed], and adherents of the federalisation of Ukraine ‘federasts’ – after all, nobody calls him a ‘pederast’ prosecutor, for example? It’s simple, friends. As psychiatrists say, pathological neologisms are one of the symptoms of a deep stage of schizophrenia. They can have the character of meaningless sound combinations and are invented by patients to refer to concepts that don’t have analogs in the language of mentally healthy people…
The country finally turns into a branch of a madhouse,” concluded Kuzmin.
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