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PostPosted: Thu 23 Aug 2012 18:54 
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Gopblin wrote:
IRONMIKE, the website you're quoting has an incomplete and partially incorrect translation.

The full article 213, subsection b, specifically mentions hooliganism motivated by religious or ethnic hatred. Subsection 2 - hooliganism by an organized group, punishable by up to seven years.


Best wishes,
Daniel.


Sorry Dan, what you quote was ex post facto. An illegal act by a Legislature in a Republic since the dawn of time.


Well I have 2 translations of Russian law when the Accused were arrested. I challenge anyone to produce an authentic document of Russian Criminal law from February for Article 213 that says anything different (before illegal ex post facto of the Russian Legislature)


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PostPosted: Thu 23 Aug 2012 18:57 
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IRONMIKE, please be more careful. You're making a fool of yourself by using incorrect translations, questionable sources, and making factual mistakes. Last changes to article 213 were in 2011. Also check out Article 282 for lulz.

Lastly, I'm still waiting on your response as to why what happened to Pussy Riot is so surprising to you. It may seem odd to someone whose only experience with the legal system is watching My Cousin Vinny, but as we've seen such proceedings are actually common both in US and in Russia. If anything, US has more retarded laws and harsher punishments for petty offences, as well as more government pressure in high-profile cases (remember the Duke Lacrosse case? When the gov took the word of a mentally disturbed hooker over the word of a bunch of college students and, you know, actual physical evidence?).

Best wishes,
Daniel.

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PostPosted: Thu 23 Aug 2012 18:58 
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Quote:
HAHAHAHA that is even more (sickly) hilarious - if actually true which you claim it is- the Russian government committed Ex Post Facto. This is even more damning than before!
The law was changed before the pussy riot performance (last change was done on 11th of March 2011).

Quote:
ex post facto adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9. Therefore, if a state legislature or Congress enact new rules of proof or longer sentences, those new rules or sentences do not apply to crimes committed before the new law was adopted.
http://legal-dictionary.thefreedictiona ... post+facto

This is not relevant, as the law change predates the pussy riot performance. But the numerous "analysts" fail to see that it was at all changed since the 1996 or so.

Quote:
Again, its not like the world hasn't seen an oppresive government do this before, notice Ex Post Facto dates back to the Roman Republic days. Just another reason of many why the conviction of the accused is such a joke! Such a joke!

Not relevant, as the law was changed before the criminal act. You should learn how to read the other's posts.

Quote:
Let's see the Law when the accused were actually arrested (In Mid February). no wonder they were in jail for so long without being charged - the Russian Government was busy writing a law Ex Post Facto! Thank you for adding evidence against your argument Ivan!

Funny how you think that this law change was after the performance, when the group was founded in the August of the same year (2011, performance was in 2012) and law was changed in March (11 of, year 2011).

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PostPosted: Thu 23 Aug 2012 19:00 
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REDDQ wrote:
47andrej wrote:
8-)
http://www.thelocal.de/society/20120820-44457.html
Freedom fighters. Next time at your church :D

http://www.thelocal.de/national/20120823-44541.html

Quote:
The three unnamed activists could now be prosecuted for breach of the peace and disrupting the free practice of religion. The latter carries a maximum prison sentence of up to three years, or a fine.


:D


Yep, a church, as with any private citizen can charge anyone with whatever they want.

Notice there is no announcement from the German Government head of state. Notice they were actually arrested for breaking a law. Notice the German Legislature is not busily trying to re-write laws to convict the accused.

They'll get breach of peace (disorderly conduct) and a fine. That's it.


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PostPosted: Thu 23 Aug 2012 19:03 
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IR0NMIKE 6 wrote:
Notice there is no announcement from the German Government head of state. Notice they were actually arrested for breaking a law. Notice the German Legislature is not busily trying to re-write laws to convict the accused.

They'll get breach of peace (disorderly conduct) and a fine. That's it.

Notice how the statement by the russian head of state protected the criminals from harsh punishement.

Note that the law was changed last time before the creation of pussy riot and well before the performance.

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PostPosted: Thu 23 Aug 2012 19:07 
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IR0NMIKE 6 wrote:
REDDQ wrote:
47andrej wrote:
8-)
http://www.thelocal.de/society/20120820-44457.html
Freedom fighters. Next time at your church :D

http://www.thelocal.de/national/20120823-44541.html

Quote:
The three unnamed activists could now be prosecuted for breach of the peace and disrupting the free practice of religion. The latter carries a maximum prison sentence of up to three years, or a fine.


:D


Yep, a church, as with any private citizen can charge anyone with whatever they want.

Notice there is no announcement from the German Government head of state. Notice they were actually arrested for breaking a law. Notice the German Legislature is not busily trying to re-write laws to convict the accused.

They'll get breach of peace (disorderly conduct) and a fine. That's it.


I demand the free world should support both pussies! Both being breacking laws/demonstrating for freedom.

Or is there double moral/standarts working?

Why is Putin commenting their fall? May be because shedload of journalists questing him several times?

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PostPosted: Thu 23 Aug 2012 19:15 
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ikalugin wrote:
Sure thing, as I said it states the other way round.
http://www.ukru.ru/code/09/213/index.htm
Official law. It clearly states that the accusation under 213/2 works fine, not under 213/1A or 213/1B.

p.s.
Spoiler : :
Большие изменения внесены в Уголовный кодекс РФ с 11 марта 2011 года. Все эти изменения учтены на нашем сайте. При пользовании другими сайтами с текстами УК РФ, обращайте внимание на актуальность текста, на тот факт - поддерживают ли авторы сайта или нет изменения, которые постоянно вносятся в УК РФ.

Large changes were made since 11 of March 2011 (before the whole Pussy riot story), which means that you need to use the relevant law version.
So when you run out of arguments you yet again use ad hominem?


Ahh yes my mistake on the change - lets look at the law - (3rd translation)



Article 213. Hooliganism

1. Hooliganism, that is a gross violation of the public order, expressing a clear disrespect for society, committed:
a) the use of weapons or objects used as weapons;
b) on the grounds of political, ideological, racial, ethnic or religious hatred or enmity or hatred or enmity towards any social group -punishable by a fine of three hundred thousand to five hundred thousand rubles or the salary or other income for a period of two to three years, or by compulsory works for a period of one hundred eighty to two hundred forty hours, or by corrective labor for up to two years, or imprisonment for up to five years.
2. The same act committed by a group of persons by prior conspiracy or by an organized group or associated with resistance to authorities or to any other person acting for the protection of public order or suppress violations of public order -
punishable by a fine of five hundred thousand to one million rubles or the salary or other income for a period of three to four years, or imprisonment for up to seven years.


So sure, let's say that the law doesn't mention the use of weapons (which i does) and let's say a semi-colon does not "(1) to establish a close connection between two sentences or independent clauses"" but we're in pretend Russian law now, so lets just strike Article 213(a) from Russian Criminal Code.


How does jumping up and down in a public place saying "Patriarch Gundyaev believes in Putin,” and "belt of the Virgin is no substitute for mass-meetings" (which is heard in the source event) - how can doing that be in any way shape or form be considered "religious hatred" ?!? And how can "witnesses" (there were more than a few) claim they were injured when they were not even present?

At best this is disorderly conduct, or violating the established procedure for arranging or conducting a meeting, rally, demonstration, procession or picket,” which is clearly in Russian Law.


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PostPosted: Thu 23 Aug 2012 19:18 
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ikalugin wrote:
IR0NMIKE 6 wrote:
Notice there is no announcement from the German Government head of state. Notice they were actually arrested for breaking a law. Notice the German Legislature is not busily trying to re-write laws to convict the accused.

They'll get breach of peace (disorderly conduct) and a fine. That's it.

Notice how the statement by the russian head of state protected the criminals from harsh punishement.



Considering 7 years imprisonment for a citizen for disorderly conduct which were not abusive or violent, unarmed is criminal in and of itself.

2 years is no less so.


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PostPosted: Thu 23 Aug 2012 19:23 
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Quote:
Hooliganism, that is a gross violation of the public order, expressing a clear disrespect for society, committed:

Translation here is poor. This law means that the above passage is enough for charge under it (at all) and others are the agravating points (such as 2. which was clearly present).

There still was a gross violation of public order, which (arguably) was commited under terms of religious hatred due to the choise of performance location.
So do you think that the offense to the church servants (by performance itself) and general public (via internet) was not there? Physical dammage was (and is not) nessesary.

Btw, do you drop the whole change of law after crime point?

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PostPosted: Thu 23 Aug 2012 19:26 
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IR0NMIKE 6 wrote:

Considering 7 years imprisonment for a citizen for disorderly conduct which were not abusive or violent, unarmed is criminal in and of itself.

2 years is no less so.

This is why there is no 7 year sentence. But in the law it was possible, if such physical dammage existed.

2 years mean that it is very easy to change it to proforma punishment (ie not going to prison due to minor offense, first offence ect), and we did not yet see the appeal working out in the higher court anyway.

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