On Introducing Changes And Additions Into The Code Of Criminal Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Уголовно-процессуальный кодекс РСФСР

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102016313

W a c o n RUSSIAN FEDERATION on amendments and additions to the code of criminal procedure of the RSFSR, in accordance with the Declaration of human and civil rights and freedoms, adopted by the Supreme Soviet of the RSFSR November 22, 1991 onwards, in order to ensure citizens ' constitutional rights to protection and inviolability of the person, the Supreme Council of the Russian Federation p o s t a n o v I l e t : i. to amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1963, no. 15, p. 288; N 36, art. 661; 1965, no. 50, art. 1243; 1966, no. 36, art. 1018; 1970, N 22, art. 442; 1972, N 26, art. 663; 1973, N 16, art. 353; 1974, no. 29, art. 782; 1977, N 12, art. 257; 1983, no. 32, St. 1153; 1985, N 5, art. 163; 1989, no. 50, art. 1478) the following amendments and supplements: 1. Supplement article 11 after the first part of paragraph 2 to read as follows: "an arrested person has the right to appeal and judicial review of the legality of and grounds for detention. The judge's decision to release the person from custody, rendered as a result of judicial review, subject to immediate execution. ";
the second part of the article considered part of the third.
2. Article 19 of the code shall be amended as follows: "article 19. Ensuring the suspect and the accused of the right to protection of the suspect and the accused is guaranteed the right to defence.
The person conducting the initial inquiry, the investigator, procurator and Court are obliged to ensure that the suspect and the accused an opportunity to defend themselves by legal means and ways, as well as the protection of their personal and property rights ".
3. Supplement article 34 paragraph 16 to read as follows: "16)" arrest "detention as a preventive measure."
4. the second and third Parts of article 46 shall be amended as follows: "an accused person in respect of whom the case is taken to court, referred to the defendant; the accused, in respect of which the sentence is convicted-if the verdict is guilty, or justified-if the verdict of acquittal.
The accused has the right to a defence. The accused has the right to know what he is accused of, and explanations as he charges; submit evidence; to submit petitions; appeal to the Court of the legality of and the grounds for the arrest; to acquaint themselves with the records of the investigative actions with their participation, as well as with the materials sent to the Court in support of the legality of and grounds for the remand in custody as a preventive measure and prolongation of detention, and at the end of the inquiry or pre-trial investigation, with all the evidence in the case, prescribe any information from it and in any volume; to have a defence counsel from the moment provided for in article 47 of this code; participate in reviewing judge complaints in the manner provided for in article 220-2 of this code; to participate in the proceedings before the Court of first instance; claim offsets; bring complaints against the actions and decisions of the person conducting the inquiry, the investigator, the Procurator or the Court; to protect their own rights and lawful interests by any other means or ways not to be contrary to law. "
5. In article 47: part of the first, second, third and fourth shall be reworded as follows: "the Defender is allowed to participate in the case from the moment of the accusation and, in the case of detention of a person suspected of committing an offence, or the remand detention before charge-since the announcement he detention or order the application of the preventive measure.
If turnout Defender elected by suspects or accused persons cannot be within twenty-four hours from the moment of arrest or detention, the person conducting the initial inquiry, the investigator or the Prosecutor may suggest to the suspect or accused to invite another counsel or provide him or her through the legal advice.
In cases where the initial inquiry or pre-trial investigation was carried out, counsel from the moment of acceptance of the case by the Court to its production.
The defence lawyers are allowed, as well as representatives of trade unions and other voluntary organizations for the advancement of members of these organizations, as well as other persons in the cases provided for by law. ";
part of the seventh and eighth worded as follows: "the head of the legal advice office or the Presidium of the Bar Association are required to select a lawyer to pursue the protection of the suspect or the accused within twenty-four hours after the receipt of the notification. A body conducting an initial inquiry or pre-trial investigation, procurators and courts dealing with the case, suspects and accused persons waive wholly or partially from payment for legal assistance. In this case, the remuneration of defence counsel shall be made at the expense of the State.
The wage costs of lawyers by the Republican budget and in the case where the Attorney participated in the production of the initial inquiry, pre-trial investigation or court appointment, without an agreement with the client. Reimbursement to the State in this case, you may be placed on the convicted person ".
6. The second part of article 49 shall be amended as follows:

"The participation of defence counsel is mandatory also in the course of an initial inquiry or pre-trial investigation in cases covered by paragraphs 2, 3 and 4 of this article, on the date specified in the first part of article 47 of this code, and in the case provided for in paragraph 5 of this article, since the charge."
7. Article 51 shall be reworded as follows: "article 51. Duties and rights of the Defender, the Defender shall use all means specified in the law and how to protect in order to identify the circumstances justifying the suspect or accused, mitigating their responsibility to provide them with the necessary legal assistance.
Since admission to the Defender shall: deal with suspects and accused persons visits alone without limiting their number and duration; to be present when charges, to participate in the interrogation of suspects and accused persons, as well as in other investigative actions with their participation; get acquainted with the Protocol of the detention, the decision on the application of the preventive measure, with records of the investigative actions with the participation of the suspect, the accused or the counsel, with the documents presented must have been offered to the suspect and the accused, with the materials sent to the Court in support of the legality and validity of remand in custody as a preventive measure and prolongation of detention, and at the end of the inquiry or pre-trial investigation, with all the materials of the case , issue any information from it and in any volume; submit evidence; to submit petitions; participate in reviewing judge complaints in the manner provided for in article 220-2 of this code; to participate in the proceedings before the Court of first instance, as well as in the meeting of the Court, hearing the case on appeal; claim offsets; bring complaints against the actions and decisions of the person conducting the inquiry, the investigator, the Procurator or the Court; use any other means and methods of protection, does not contravene the law.
Defender involved in investigative actions, have the right to ask questions of the persons being interrogated, make written comments regarding the correctness and completeness of the records in the Protocol of this investigation.
The investigator may withdraw questions Defender, but is obliged to put reserved matters in the Protocol.
Implementation of the quarterback admitted to participate in the case, their rights cannot be made conditional upon the preliminary interrogation of the suspect or accused or other investigative activities, unless otherwise stipulated by this code.
The lawyer did not have the right to refuse protection themselves adopted the suspect or the accused.
The Defender shall not be entitled to disclose information provided to him in connection with the implementation of protection and providing other legal assistance.
8. The second part of article 52 shall be amended as follows: "the suspect has the right to a defence. The suspect has the right to know what he is suspected of; give explanations; submit evidence; to submit petitions; to acquaint themselves with the records of the investigative actions with their participation, as well as the materials submitted to the Court in support of the legality of and grounds for the remand in custody as a preventive measure; claim offsets; to bring complaints on actions and decisions of the person conducting the initial inquiry, the investigator, the Procurator; participate in reviewing judge complaints in the manner provided for in article 220-2 of this code. ".
9. Article 60: supplement article part one read: "judge proverjavshij the legality and validity of arrest or prolongation of custody cannot participate in the same case in the Court of first and second instance or oversight, but may consider repeated the complaint in the manner provided for in article 220-2 of this code.";
part of the first, second and third article count parts respectively second, third and fourth.
10. In article 92: part one after the word "rendered" add the words "and, at the same time, it clarifies the appeal against the application of the preventive measure";
supplement article part 2 to read as follows: "a copy of the order or determination to apply a preventive measure shall be served on the person against whom it is made.".
11. Article 96 supplement paragraph 5 to read as follows: "the application in respect of the same person in the same case and remand in custody as a preventive measure after its cancellation by a judge, made in the manner provided for in article 220-2 of this code shall be possible only with the opening of the new circumstances in which the restraint of the person in custody is necessary. Re-use of remand in custody as a preventive measure can be appealed in court. ".
12. Article 97 supplement part 7 to read as follows: "the extension of the detention in accordance with this article is the reason for the appeal to a court against the detention of and judicial verification of the legality of and grounds for, respectively, in the manner prescribed by articles 220-1 and 220-2 of this code.".
13. the first part of article 102 shall be amended as follows:

"When investigative actions, as well as in the trial courts of first instance are maintained. There are also protocols when considering judges complaints in the manner provided for in article 220-2 of this code. ".
14. the third Paragraph of article 105 shall be amended as follows: "3) from amounts paid for providing legal aid advocate release of a suspect, accused person or defendant of its payment or a lawyer in the production of the initial inquiry, pre-trial investigation or court appointment, without entering into an agreement with the client.
15. Article 120 excluded from part two of paragraph 1.
16. Article 201: the second part of the phrase "when the participation of defence counsel is mandatory from the moment the accused about the end of the preliminary investigation and the bringing of the accused in order to familiarize the entire proceedings, as well as in cases when the Defender has been involved in the case from the moment charges" were replaced by the words "when the participation of defence counsel is mandatory for inquiry or preliminary investigation, as well as in cases where counsel involved in the case;
part of fifth shall be reworded as follows: "the accused is entitled, in the process of familiarization with the materials of the case to write any information from it and in any amount.
17. Paragraphs 1 and 2 of article 202 shall be amended as follows: 1 ") to have a meeting with the accused alone without limiting their number and duration;
2) to acquaint themselves with all the materials of the case, prescribe any information from it and in any volume; ".
18. The code shall be supplemented with articles 220-1 and 220-2 as follows: "article 220-1. Appeal to Court arrest or extension of detention of complaints about the use of body conducting an initial inquiry, the investigator, Procurator of remand in custody as a preventive measure, as well as on the extension of the detention are court detainee, his counsel and legal representative either directly or through the person conducting the initial inquiry, the investigator or the Procurator.
The administration of a person in custody upon receipt of a complaint to the Court addressed the arrest or prolongation of the term of detention immediately and, in any case, not later than twenty-four hours after the receipt of the petition, the court notifies the Prosecutor.
The person conducting the initial inquiry, the investigator and Prosecutor are obliged within twenty-four hours to send a complaint to the Court together with the materials, confirming the legality of and the grounds for remand in custody as a preventive measure or extension of detention and, if necessary, also with their explanations. If the complaint was brought through the administration of the place of detention, the Prosecutor is obliged to transmit to the Court the materials and explanation within twenty-four hours of receipt from the administration of places of detention notices of the complainant.
Until such time as the matter is resolved, the complaint does not suspend the operation of the Ordinance on the use of detention as a preventive measure and does not entail the release of persons from detention, if this is deemed necessary by the person conducting the initial inquiry, the investigator or the Procurator.
Article 220-2. Judicial verification of the legality of and grounds for arrest or prolongation of custody judicial verification of the legality of and justification for the use of remand in custody as a preventive measure, as well as the legality of, and grounds for extension of the period of custody is made by the judge of the place of detention.
The judge verifies the legality and validity of the arrest or the prolongation of detention within three days from the day of receipt of evidence of the legality and validity of remand in custody as a preventive measure.
Judicial verification of the legality of and grounds for arrest or prolongation of custody is carried out in a private meeting with the participation of the Prosecutor, defence counsel, if he participates in, as well as the legal representative of a person in custody. The judge calls a meeting of the detainee. Failure to appear without good reason parties timely izveshhennyh about the day a complaint is not the barrier to judicial review.
Judicial verification of the legality of and grounds for arrest or prolongation of custody in the absence of a person in custody shall be permitted only in exceptional cases, when the person seeks appeal in his absence or on its own initiative, refuses to participate in the meeting.
At the beginning of the meeting judge Announces what the complaint is subject to review, it appears the meeting were persons, explain to them their rights and duties. Then the claimant if he participates in the examination of a complaint, justifies it, then heard other arise in meeting persons.
As a result of judicial review, the judge shall make one of the following decisions: 1) for rescission of preventive measures in the form of detention and to release a person from custody;
2) abandonment of the complaint without satisfaction.

If your meeting materials were not represented, confirming the legality of and the grounds for remand in custody as a preventive measure or prolongation of custody, the judge shall rule on the lifting of the preventive measures and to release a person from custody.
The judge's decision must be substantiated.
Judge may concurrently with the issuance of a decision by the preventive measure of remand detention to elect any other legal measure.
A copy of the judge's order is forwarded to the Prosecutor and the complainant, and in the event of a decision to release the person from custody, also on the place of detention of a person taken into custody, for immediate execution. If the detainee is participating in the meeting, it is in this case the judge is freed from custody immediately in the courtroom.
In case of abandonment of the complaint without satisfaction reconsideration of judge complaints against the same person in the same case in the manner provided for in this article shall be permitted if detention as a preventive measure was again elected after its cancellation or change the face of the interrogator, investigator or Prosecutor.
19. paragraph 3 of article 331 supplement after the digits "44" digits "220-2".
II. this law enter into force from the date of publication.
The President of the Russian Federation, b. YELTSIN Moscow, Russia May 23, 1992 House Tips N 2825-I