Постановление Европейского суда по правам человека от 18.02.2010 «Дело Александр Зайченко (Aleksandr Zaichenko) против России» [англ.]

182 of the Code.
Before the start of the inspection all the above persons have been informed of their rights to be present throughout the proceeding and to make comments in relation to the inspection...
The attesting witnesses have been informed of their obligation to attest the fact of the inspection and its results (Article 135 of the Code)...
During the inspection one passenger was present in the car; there was a white plastic can with fuel (ten litres). There was another metallic can of fuel (twenty litres) in the car boot...
The physical evidence has been seized in order to be attached to a criminal file: the plastic can with fuel (ten litres) and the metallic can with twenty litres of fuel...
Requests and comments by the participants: [the applicant] explained that he had poured out the fuel from the company premises.
I have read the record and agree with its contents.
Signatures: Officer B, attesting witnesses K and P, [the applicant], officer L."
11. Having completed the inspection record, officer B put in writing a statement entitled "Explanations", which included a note concerning Article 51 of the Constitution of the Russian Federation on the privilege against self-incrimination (see paragraph 21 below). The "Explanations" read as follows:
"Explanations [put in writing] on 21 February 2001 at Birofeld village.
I, officer B..., have interviewed [the applicant]...
The contents of Article 51 of the Constitution have been explained to me. {[the applicant's signature]}
I [the applicant] make the following statement. Since 1997 I have been employed as a driver by a private company. On 21 February 2001 I arrived to my workplace at 9 am. During the day I was repairing my service vehicle. In the evening I poured out thirty litres of fuel from the tank of my service vehicle. I have previously brought the cans, ten and twenty litres each, from home. After work, at around 8 pm, I was driving home in my car and was stopped by the police. The car was inspected in the presence of the attesting witnesses. I poured out the fuel for personal use.
{in the applicant's handwriting} I have read this statement. It is correct. {[the applicant's] signature.}
{Officer's B signature.}"
On the same day, both attesting witnesses made written statements, indicating that they had been present during the inspection of the car and seizure of the fuel. They confirmed that the applicant had explained that he had poured out the fuel from the company premises for personal use.
12. The applicant was not detained. On 2 March 2001 an inquirer compiled a report under a so-called record-based procedure (see paragraph 23 below) on the events of 21 February 2001. The report reads as follows:
"I, inquirer P, have examined the data concerning theft. As required under Article 415 of the RSFSF Code of Criminal Procedure, I have compiled this report, which states as follows:
At 8 pm on 21 February 2001 [the applicant]...being at work intentionally stole from his service vehicle the diesel in the amount of thirty litres. Thereby, he caused to the company pecuniary damage in the amount of 279 roubles.
His actions disclose an offence of theft punishable under Article 158 § 1 of the Criminal Code.
The above has been confirmed by the following evidence:
1. the inspection record. 2. [the applicant's] written statement. 3. Mr K's written statement. 4. Mr P's written statement...
{Inquirer P's signature}"
13. On the same day, the inquirer's superior opened a criminal case against the applicant on suspicion of theft and summoned him (see paragraph 23 below). The act of accusation read as follows:
"I, major K, having examined the [inquirer's] report and the enclosed documents, consider th



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