Imprisonment with a suspended sentence for collecting personal data and influencing voters to vote in a certain way

During the electoral period of September–October 2024, the defendants acted in complicity with other unidentified persons, contributing to the corruption of voters by collecting personal data and installing the PSB application on their devices, in order to facilitate money transfers (15,000 rubles or other amounts). The purpose of the actions was to determine voters to vote in favor of the candidate supported by the “VICTORIE – ПОБЕДА” bloc and against the constitutional referendum on 20.10.2024.

The transfers were not completed, as the recipients declined, being informed about the legal consequences (they removed the respective application from their phone, thus not having access and the possibility to subsequently withdraw the money transferred in their name).

First instance: Conviction
Appeal: Admission of the request for withdrawal of the appeal filed by the accused; termination of the appeal procedure; irrevocable ruling.

Suspended imprisonment. Imprisonment: 30 months (with suspended sentence)

The court of first instance found the defendants guilty of complicity in the preparation of voter bribery (art. 42 para. (5), art. 26, art. 181¹ para. (1) Criminal Code), highlighting the existence of an organized mechanism for collecting voter data and facilitating financial transfers through banking applications (PSB) for electoral purposes. Although the crime was not completed, the court appreciated that the actions of the defendants meet the elements of an attempt, considering their active contribution to the realization of the bribery mechanism.

In individualizing the punishment, the court applied the punishment of imprisonment, but with a suspended sentence (art. 90 CC), taking into account favorable personal circumstances and the lack of criminal records. No confiscation of property was ordered, as it had predominantly evidentiary value.

At the appeal stage, the defendants withdrew their filed appeal, and the appellate court ordered the termination of the appeal procedure based on art. 407 CPC, without examining the merits of the case. Consequently, the solution of the court of first instance remained final due to the withdrawal of the appeal.