Monday, July 27, 2009

Russian Law, Article 138 part 3 and I. First encounter.

Here is my story.
Two years ago, on internet, on one of the forum , was a topic (not mine), about CCTV. I have expressed there that nowdays in our technology era cameras everywhere and they are very small and it is necessary always to be ready that anyone could hear and see you.
Then, last month I had an e-mail from one person (which spoke in that topic earlier), he did presents himself as the director of a small financial company and asked to put video surveillance at his office. He explained that he is often out of office and would like to see who comes into office ( later, subsequently, camera was directed on an entrance door). When I arrived to office (small room 7x5 meters), I suggested to put camera to a ceiling in the form of the alarm motion detector or fire detector which are available on free sale.
But client did not agree on that and suggested to put the camera in the computer`s audio speakers. As speakers were to small to put inside camera, client told that he will buy bigger speakers. Next day client gave me new speakers and a part of money to purchase camera

and Video Capture Card (geovision) for computer.
http://www.geovision.com.tw/english/product/GV-600.htm
Camera and video card bought openly in shop "Navigator", everything by financial checks. After, camera which is without any case (as shown on photo) were installed in case of speaker. I called to client and we agreed to meet. Next day in his office I installed in his computer video card, drivers and official software, connected camera, everything adjusted, explained to client how everything works, told to client that he should put signs about working CCTV and gave him checks from shop for purshased equipment.
I took for the job 4000 rbl. (90 euro). I sold nothing (all equipment not mine), I only took money for my work. Then "client" showed me "badge" of department "K", major(Alexander Kosarev V.), came another police officer ( Ryabchenko N.V.) with two "witnesses" and then as ussualy in russian police protocols, acts, threats to put in prison (SIZO) etc. . This is how it was, I have nothing to hide, no victims in my case. I know very well about CCTV, I am an engineer of CCTV systems in chain of shops "Vester". There is no need for license if you installing CCTV in Russia .
I am an ordinary Kaliningrader from working class.
I never had criminal case on me. I did never steal, rob, sell drugs, beat, rape or kill anyone. I never have been a criminal. I am a law-obedient person.

That what they charged me with by "The Criminal Code Of The Russian Federation."
Article 138. Violation of the Secrecy of Correspondence, Telephone Conversations, Postal, Telegraphic and Other Messages.
3. Illegal production, sale, or acquisition for the purpose of sale of special technical equipment intended for the private receipt of information, shall be punishable by afine in the amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for a term of up to three years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years.
And
Article 30. Preparations for a Crime, and Attempted Crimes
3. Intentional actions (inaction) by the person concerned, directed expressly towards the commission of a crime, shall be deemed to be an attempted crime, unless the crime has been carried out owing to circumstances beyond the control of this person.

My opinion.
1. It was clear provocation (entrapment) by the police, department "K" of police, they set me up.
I did not know that I am braking law, that they trying to charge me with. They knew law (as they "know" it) and they constantly did push me to brake it ( as they do understood by the law). That provocation unlawful itself.
2. I did not brake word of "Criminal Code Of The Russian Federation."
I did not brake Article 138. I did not violate Secrecy of Correspondence, Telephone Conversations, Postal, Telegraphic and Other Messages.
If they want to add CCTV Surveillance to "Other Messages", that is wrong, because it is too bleary words and anyone could use them as they wish. An "independent" expertise by FSB in Moscow showed that videocamera in computer`s speaker is a "special technical equipment".
3. There is not clear in Russian Law system, what is recognized as "special technical equipment".
List of "special technical equipment" only in resolutions by government of Russian Federation with bleary words. Resolutions every time updated. For example one of them in Russian
http://otdel-k.cap.ru/content/u_laws/sts_2.html
4. Almost any household appliances with camera is a "special technical equipment" by resolutions of government of Russian Federation.
This is ridiculous. Nowdays cameras everywhere in mobile phones, TV sets, computer monitors, laptops, pens, glasses, dictaphones, flash memories, watches, fridges, doors, cars and even in hoovers. So, anyone who is selling them is a criminal and could charge by police anytime by Russian Law.

My political activity that was the case to order to persecute me by any means necessery. And everybody who knows me saying that.