Gozman does not believe that belonging to Koch canvas could take over the work of the famous author . " I do not believe such errors because the examination was then . I think it's deliberate actions , - he said. - As I have long been familiar with Alfred Reingoldovich , I never believe in what he is smuggling . For me it is obvious that the whole thing is that his texts on the network and political position displeases leadership ( of the country) . He took the position that is simply not enough sharp, but also very talented and very bright . "
Currently Russian Criminal Code provides for liability for smuggling poisons , weapons, explosives , as well as cultural values ​​or valuable wildlife ( st.226.1 CC). It provides for punishment for a term of 3 to 7 years with a fine of up to one million rubles or without it.
And we are talking only about the cultural values ​​, the value of which exceeds 100 thousand rubles. Therefore, it is not clear how this article can be applied to the case with Alfred Koch .

On the cultural values ​​and intent

[ According to the lawyer and consultant on the art market Nikita Semenov before initiate a criminal case , investigators must conduct a study or examination to prove that is the removal of objects of cultural value. In addition, the detectives must be established that the person acted intentionally.
He believes that in such a situation may be a question of one of the two articles of the Criminal Code : or smuggling of cultural property ( st.226.1 CC) or an " evasion of customs duties (Article 194 CC - by a fine of up to 100 thousand 500 thousand rubles to 2 years ' imprisonment - BFM.ru).

The latter applies when it comes to evading payment of not less than 1 million rubles . " Anything less - is an administrative offense ," - said the expert.
As for the smuggling of cultural property (Article 226.1 of the Criminal Code ) , it is associated with a false declaration object of art . It is worth noting that before impute Koch article detectives and expertise necessary to prove that the export of art objects of cultural value . "For example , the examination determines that the picture or icon was written more than 100 years ago, a man wrote in the customs declaration , it is more modern subjects " - an example Semenov . He said that the export of the subject of art than a hundred years must be authorized by the Ministry of Culture . Office may also prohibit the export of a work of art , created over 50 years ago , because there is a list of items of value and not to be exported .

According to the specialist , in order to impute the article 226.1 of the Criminal Code , the investigators will also need to prove that the person acted intentionally. "Often , buying some thing for a few thousand on the market, the person does not feel that this is some cultural value , and if his actions do not intent. And when he bought the painting with the conclusion that it Briullov and declare as canvas painting by an unknown artist , in this case we can say that he was intent on smuggling, but it must be proved . After all, if the person carrying the picture is not an expert in the field of culture , it can honestly be mistaken about the properties of the object and think that it is not a cultural value . In this case, it is not subject to criminal liability ", - concluded the lawyer.

Apparently, once the investigators decided on filing a case , they have already spent an expert study . Now the question remains : if they can prove that the actions of Koch was intent ?