The Ninth Cassation Court in Vladivostok overturned the acquittal and appeal ruling of the Khabarovsk Regional Court in the case of artist Yulia Tsvetkova (recognized as a foreign agent in Russia)accused of distributing pornography. According to RBC, this was announced by her lawyer Alexander Pikhovkin.
According to him, the case was sent for a new trial to the court of Komsomolsk-on-Amur.
The lawyer recalled that significant violations of the criminal and criminal procedural law may be grounds for canceling or changing a court decision when considering a criminal case in cassation.
“At the meeting, it was said that the pornographic nature of the images incriminated by Tsvetkova follows from the very title of the blog. The blog, let me remind you, was called “The Vagina Monologues”. There is no time for “substantial violations,” he wrote.
The lawyer said that during the defense he relied, among other things, on “the doctrinal definition of pornography given by the leaders of the Supreme Court.”
The case against Tsvetkova under paragraph “b” of Part 3 of Art. 242 of the Criminal Code (illegal production and circulation of pornographic materials or objects) was initiated in 2019. The reason was that the artist posted her own drawings with stylized images of female genital organs in the public “Vagina Monologues” on VKontakte. After her detention, uncoordinated protests took place in Moscow, St. Petersburg and other cities.
In early June 2022, Tsvetkova was added to the list of foreign agents.
On July 15, 2022, the Central Court of Komsomolsk-on-Amur acquitted the artist “on rehabilitating grounds.” The prosecutor’s office later appealed the acquittal. The prosecution demanded three years and two months in prison. However, on November 22, 2022, the Khabarovsk Regional Court upheld the acquittal.
At the end of November 2022, the artist’s mother, Anna Khodyreva, announced that Tsvetkova had left Russia.
Source: Rosbalt
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