Attorney Services under Article 159.1 of the Criminal Code of the Russian Federation

Attorney for Article 159.1 of the Criminal Code of the Russian Federation in Moscow | Professional Defence against Charges of Lending Fraud

When a charge under Article 159.1 of the Criminal Code of the Russian Federation bursts into your life or the activities of your company, the world is turned upside down. The prospect of criminal prosecution, actual imprisonment and the complete collapse of your reputation seems inevitable. In this situation the only right decision is to immediately find a qualified attorney for Article 159.1 of the Criminal Code, one capable of proving your innocence or mitigating the consequences not just in words but in deeds.

Legal assistance under Article 159.1 of the Criminal Code is a complex, multifaceted process that begins with the very first consultation with an attorney and ends only once the final judicial act has been issued. Without professional representation, a person is left alone with the powerful machinery of the investigation, which often sees its main task not as establishing the truth but as formally closing the case by any means. An experienced attorney acts as the very shield and strategist who brings the dialogue into the legal arena, protecting the client from unlawful actions and building a line of defence based on an in-depth analysis of the circumstances.

Elements of the offence and amounts of damage

Why are the chances of success minimal without an attorney for Article 159.1 of the Criminal Code?

Defending yourself in a lending fraud case is a path strewn with professional traps and procedural errors, the price of which is measured in years of liberty. Criminal proceedings are not a dispute with a bank over a late payment; they are a strictly regulated procedure in which every word said during interrogation and every motion filed can prove decisive. Law enforcement agencies start from the prosecution's version of events, and their task is to gather evidence that supports it. A good attorney radically changes this balance, compelling the investigator and the court to consider alternative scenarios. He acts simultaneously as an independent investigator, an expert on conflicts of law and a source of psychological support. His work begins with a comprehensive analysis of the case file: studying the loan agreement and the findings of the financial and economic forensic examination, and checking the lawfulness of searches and of the seizure of property. Without such in-depth immersion, any defence will be superficial and ineffective. To hire an attorney means to engage a specialist who speaks the same language as the investigation and the court and knows how to challenge even the most seemingly irrefutable evidence.

Critically important actions of the attorney at the pre-investigation check and investigation stages:

• Going immediately to the detained person. If the client has been detained, the attorney ensures that all of his or her procedural rights are respected and does not allow pressure or falsification during interrogation.

• Analysis of the grounds for initiation of criminal proceedings. A professional attorney carefully checks whether the client's actions actually constitute an offence or whether this is a civil-law dispute wrongly classified as fraud.

• Developing a defence strategy. The main line is determined at the very first stage: either proving the complete absence of intent (for example, that the provision of inaccurate data was an accountant's error or the result of being misled by a credit broker) or working towards a mitigated sentence by minimising the damage and cooperating with the investigation.

• Working to prevent detention. One of the key tasks is to prevent the imposition of custody (in a pre-trial detention centre) as a preventive measure, arguing on the basis of positive character references, a permanent place of residence and readiness to compensate for the damage.

Attorney services in criminal cases under Article 159.1 of the Criminal Code: from consultation to appeal

An attorney's services in criminal cases of this category do not end at the preliminary investigation stage. This is a continuous process covering all stages of criminal proceedings. High-quality legal services of an attorney involve meticulous work with the body of evidence, where a key role is often played by challenging the forensic expert's findings on the amount of damage caused. Reducing the amount of damage from especially large scale to large scale, and still more to below the large-scale threshold, radically changes the legal characterisation of the case and the maximum possible penalty. An attorney handling a case in Moscow always relies on favourable case law and uses all available tools, including motions to examine defence witnesses, to obtain documents confirming the client's good faith and to add positive character references to the case file. An attorney's services in court at first instance are the art of persuasion, built on impeccable knowledge of the case file and of the Code of Criminal Procedure. It is here that the record of the court hearing is compiled, which, in the event of a guilty verdict, becomes the basis for an appeal.

Specifics of defending a business: an attorney for a legal entity

When a company or its head faces proceedings under Article 159.1 of the Criminal Code, not only liberty but the very existence of the business is at stake. Attorneys for legal entities face a number of unique challenges: conducting the criminal case and commercial (arbitrazh) court disputes with the bank simultaneously, and the risk of seizure of corporate accounts and property, which inevitably leads to paralysis of business operations. An attorney for a legal entity in such a situation builds a defence aimed at distinguishing between the criminal liability of the specific official and the civil liability of the company. He works to prove that the company's actions, even if they resulted in non-repayment of a loan, did not involve the direct criminal intent characteristic of fraud, but were the consequence of unsuccessful business decisions, force majeure circumstances or planning errors. Defending a business requires the attorney to have in-depth knowledge not only of criminal law but also of corporate and financial law.

Key areas of an attorney's work with legal entities:

• Legal analysis of the company's loan documentation and business processes to identify risk areas and errors that could have been interpreted as intent.

• Dealing with counterparties and banks with a view to pre-trial settlement of the dispute and debt restructuring, which is a powerful mitigating circumstance.

• Protection against the seizure of assets. Filing motions to lift the seizure or to choose another interim measure that does not paralyse the enterprise's work.

• Coordination of actions between the defence of the head and the interests of the company as an independent legal entity.

What is the outcome of an attorney's successful work under Article 159.1 of the Criminal Code?

The ideal result of any defence counsel's work is the state's complete abandonment of the charges – termination of the criminal case or an acquittal. This is an extremely difficult but achievable goal, especially if the right strategy was chosen and an irrefutable evidential basis gathered from the very outset of the attorneys' handling of the case. However, even in difficult situations where the evidence of intent is obvious, competent legal assistance from an attorney makes it possible to obtain a significantly more lenient sentence. This may mean a non-custodial sentence (a suspended sentence, a fine, compulsory labour), a substantial reduction in the amount of the fine or the application of an amnesty. In addition, a good attorney will always see the case through to its logical conclusion, preparing an appeal and subsequently a cassation appeal if the first-instance sentence appears unjustifiably harsh. Hiring an attorney is an investment in your future that pays off in a preserved reputation, years of liberty and peace of mind for yourself and your loved ones.

Why choose attorney Yuri Ashotovich Arutyunov for defence under Article 159.1 of the Criminal Code?

Attorney Yuri Ashotovich Arutyunov runs a successful practice in Moscow; his many years of experience and narrow specialisation in financial and economic crimes make him one of the most sought-after specialists in this field. By turning to him for legal assistance under Article 159.1 of the Criminal Code, you get not just a formal defender but a strategist and ally who takes on the full burden of responsibility for the outcome of your case. His approach combines in-depth theoretical training, knowledge of the intricacies of banking legislation and invaluable practical experience in handling complex cases as an attorney in the courts of Moscow and the Moscow Region. If you are looking for a good attorney who will act proactively, anticipating the prosecution's moves, and use all lawful means for your defence, you have made the right choice. A case in Moscow entrusted to Yuri Ashotovich will be conducted as effectively as possible, with a view to achieving the best possible result in your particular situation.

Do not put off your defence. Call for an initial consultation with an attorney and start building your line of defence right now.