Danylo Hetmantsev, chairman of the Verkhovna Rada Committee on Finance, Taxation and Customs Policy, commented on the detention of Telegram founder Pavel Durov and said that banks or financial companies should be prosecuted as accomplices in the crime for allowing p2p payments for drugs or illegal vodka, and carriers for sending illegal cigarettes. However, he was criticized by Ukrainians for this position, UNN writes .
The arrest of Russian citizen Durov and the charges brought against him suggest a seemingly obvious but not fully realized truth. Anyone who actively facilitates a crime is an accomplice, even if they do not directly commit it. If a bank or financial institution enables P2P payments for drugs or illegal vodka, it is an accomplice to the crime. If a carrier sends illegal cigarettes, it is an accomplice to illegal trade. If a platform allows you to post links to child pornography content, it is an accomplice. If a person gives a passport to register an illegal individual entrepreneur, he or she is an accomplice in tax evasion. All components of the infrastructure used by criminals who do not take measures to stop crimes, although they can and do understand the criminal nature of the act, are accomplices,
According to him, in criminal law, this criminal role is called an accomplice and, although it entails less severe liability than the organizer, it is qualified under the same article of the Criminal Code.
However, the readers of Hetmantsev's Telegram channel criticized this position of the Head of the Rada's Tax Committee. In particular, users suggested that, according to Hetmantsev's logic, after the criminal wearing Adidas sneakers escaped from law enforcement, the manufacturer should be held liable for quality running shoes.
Another suggestion was that if the robbers were fleeing in a car, the car manufacturer and those who laid the road surface should be prosecuted for complicity. Users emphasized that Hetmantsev was "talking out of his ass".
In addition, users reminded Hetmantsev that there is a subjective part of the crime. "The person knew or should have known about the consequences. Therefore, after the official report of law enforcement agencies about the crime and its consequences, further avoidance of preventing the possibility of similar crimes is the subjective side of the crime," wrote one of the users, Serhiy Kovalenko.
The users also asked if the head of the tax committee forces businesses to go "into the shadows" with his decisions, is he an accomplice or organizer of such a movement?
Recall
Telegram founder Pavel Durov was detained on August 24 at the Paris airport on suspicion of involvement in terrorism, fraud and drug trafficking. Subsequently, a Paris court extended the detention of Telegram founder Pavel Durov to 96 hours. French law enforcement officials charged Pavel Durov, the founder of Telegram, with 12 crimes on Telegram.