MOSCOW, July 27 - RAPSI. Late Hermitage Capital auditor Sergei Magnitsky's mother plans to appeal the court's refusal to remand the case against former Butyrka Prison Deputy Warden Dmitry Kratov, her lawyer Nikolai Gorokhov told the Russian Legal Information Agency on Friday.

Kratov was charged in the case with improperly executing his duties, which resulted in Magnitsky's death.

"Kratov's conduct should be qualified as aiding and abetting murder and torture," Gorokhov said, adding that he will contest the ruling within 10 days as provided by law.

The Tverskoy District Court held its preliminary hearing of the case behind closed doors on Friday.

It will be considered on its merits on August 7.

Arrested in November 2008 on tax evasion charges, Magnitsky died in custody a year later after being denied medical care. The 37-year-old auditor had accused tax and police officials of carrying out a huge $230 million tax scam. His death evoked a massive public outcry.