A pirate was sentenced to 1.5 years of compulsory labour
1.5 years of compulsory labour, compensation of more than a hundred thousand rubles of damage to Tricolor, and monthly payments in favor of the state: one of the most severe sentences in Russia for digital TV piracy in recent years came into force.
Tricolor has been actively cooperating with law enforcement agencies in the field of combating piracy for more than 8 years. The results of the trials provide evidence of public recognition of the danger of actions related to digital piracy. The restriction of the convict's freedom has ceased to be something exceptional, and one of the recent criminal cases ended with an even tougher sentence for the pirate: 1.5 years of compulsory labour.
A resident of Lermontov, Stavropol Krai, has been modifying and selling receiving equipment which provided an opportunity of illegal access to Tricolor paid channels. The law enforcement authorities managed to arrest the criminal in January 2016 as a part of "Test purchase" campaign, which was organized by employees of the Main Directorate of the Ministry of the Interior of Russia for Stavropol Krai. The criminal tried to sell a receiver for 2,000 rubles to the police officer pretending to be a buyer.
In December 2018, Lermontovsky Town Court of Stavropol Krai found the defendant guilty of committing crimes under part 2 of article 272 (Illegal accessing of legally-protected computer information), part 3 of article 30 (preparation for a crime and attempted crime) and part 2 of article 273 of the Criminal Code of the Russian Federation (creation, use and distribution of malicious computer programs). The defendant fully pleaded guilty, and he was sentenced, for the total of his crimes, to eighteen months of compulsory labour with 10% deduction from his wages to the state on a monthly basis. Also, the court granted tricolor's statement of damage and ordered the pirate to pay the company 105,192 rubles.
The convict had considered the sentence unduly harsh and attempted to have it mitigated by filing a corresponding complaint. In February 2019, Stavropol Regional Court, in its appellate resolution, supported the position of the court of first instance, and it only reduced the term of compulsory labour by 1 month.
"A few years ago, an offender brought to justice often ended up with a moderate fine and confiscation of the instrument of the offense. Now pirates are attacked by the cavalry, i. e., criminal law provisions are applied against them, which has significantly different consequences. A criminal case is initiated, and the accused spends several months when he undergoes interrogations and house-checks, gets acquainted with the results of expert examination and, finally, is sentenced to criminal punishment", Aleksey Mishushin, the head of Judicial Work Department at Tricolor, comments.
1. Compulsory labour consists in engaging a convicted person in the work at the positions determined by the penal system institutions and bodies.
2. Deductions to the income of the state, transferred to the account of the corresponding territorial body of the penitentiary system, in the amount established by the court's verdict, within the range from five to twenty percent are made from the salary of the person sentenced to compulsory labour.
3. Should the convicted person evade from serving their compulsory works or should he/she be recognized as a habitual violator of the order and the terms of compulsory works, the unserved part of the punishment is replaced by imprisonment at the rate of one day of imprisonment for one day of compulsory works.