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Chairman of the Russian Federation Investigative Committee launches criminal proceedings against a magistrate in Bryansk suspected of knowingly unjust judicial act and official forgery

Chairman of the Russian Federation Investigative Committee has launched criminal investigation against a magistrate of magistracy № 19 of Fokinsky district in Bryansk Andrey Filin. He is suspected of crimes under part 1 of article 305 (delivery of knowingly unjust judicial act) and part 1 of article 292 of the RF Criminal Code (official forgery).

According to investigators, in October 2009, the magistrate without sitting of the court, in the absence of the accused and other participants of the hearing delivered an illegal delivered an illegal resolution on settlement of the criminal case over arbitrariness by reconciliation of the parties. The resolution also contained untruthful information on participation in the process of an assistant prosecutor as a public prosecutor and consent of the latter to settlement of the case under the above mentioned reason. In addition, under the order of the magistrate, minutes were made and later signed by him containing knowingly false information on session of the court and its participants, which created the appearance of legality of the unjust judicial act. The court of superior jurisdiction recognized the resolution delivered by Filin as not meeting the factual case situation and canceled as delivered with considerable violation of criminal procedure legislation.

At present investigating operations are underway to establish all the circumstances of the crime and consolidate the evidence. Investigation is to be continued.