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

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A On Amendments and Additions to the Code of Criminal Procedure of the RSFSR In accordance with the Declaration of the Rights and Freedoms of Man and the Citizen Supreme Soviet of the RSFSR 22 November 1991to ensure the constitutional rights of citizens to the protection and integrity of the Supreme Council The Russian Federation p. e v. e I e: I. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1963, N 15, sect. 288; N 36, sect. 661; 1965, N 50, sect. 1243; 1966, N 36, est. 1018; 1970, N 22, sect. 442; 1972, N 26, sect. 663; 1973, N 16, sect. 353; 1974, No. 29, sect. 782; 1977, N 12, sect. 257; 1983, N 32, sect. 1153; 1985, N 5, article 163; 1989, N 50, sect. 1478) following changes and additions: 1. Supplement article 11 after Part One of the second reading: " The person who has been arrested shall have the right to appeal and to judicial review of the legality and reasonableness of the detention. The order of the judge to release a person from custody as a result of a judicial review shall be immediately enforceable. "; Part Two of the article is considered part three. 2. Article 19 of the Code should read: " Article 19. The right of the suspect and the accused to be protected by the suspect and the accused is entitled to protection. The person conducting the initial inquiry, the investigator, the procurator and the court are obliged to ensure that the suspect and the accused are protected by the means and methods established by law, as well as the protection of their personal and property rights. " 3. Supplement article 34, paragraph 16, reading: "16)" Arrest "-detention as a preventive measure.". 4. The second and third sections of article 46 are worded as follows: " The accused whose case has been taken by the court shall be referred to as the defendant; the defendant in respect of whom the sentence is pronounced shall be referred to the convicted person if The sentence is guilty or acquitted if the judgement is exculpatory. The accused shall have the right to defence. The accused has the right: to know what he is accused of and to give an explanation of the charge against him; to present evidence; to file petitions; to appeal to the court to challenge the lawfulness and validity of the arrest; to examine the investigative protocols; In addition to the materials submitted to the court in order to confirm the legality and validity of the detention as a preventive measure and to prolong the period of custody, and at the end of the inquiry, the preliminary investigation-with all the materials of the case, to write out any of them (a) To participate in the proceedings before a court of law; First instance; to challenge; to bring complaints against the actions and decisions of the person conducting the initial inquiry, the investigator of the procurator and the court; to defend their rights and lawful interests by any other means and methods that are not contrary to the law. " 5. In article 47: part one, second, third and fourth redraft: " Counsel is allowed to participate in the case from the moment the charge is brought, and in the case of detention of the person suspected of committing (a) The application of a preventive measure in the form of a preventive measure. If the appearance of the defence counsel chosen by the suspect or accused is not possible within 24 hours from the moment of arrest or detention, the person conducting the inquiry, the investigator and the procurator are entitled to propose to the suspect The accused shall be invited by the accused to be invited by another defence counsel or shall be provided with counsel through legal advice. In cases where the initial inquiry or preliminary investigation has not been carried out, counsel shall be permitted to do so from the moment the case is taken by the court to its proceedings. As counsel, lawyers, as well as representatives of trade unions and other public organizations in the cases of members of these organizations, as well as other persons in the cases provided for by law. "; Seventh and eighth preambular paragraph: " The legal advice or presidium of the Bar Association is obliged to provide a lawyer for the defence of a suspect or accused person for a period of twenty four hours with the time of receipt of the notification. The body of inquiry, the preliminary investigation, the procurator, the court in which the case is located may release the suspect and the accused, in whole or in part, from the payment of legal aid. In this case, the payment of defence counsel shall be made at the expense of the State. The costs of defence counsel are charged to the national budget and in the case of a lawyer who has participated in the initial inquiry, preliminary investigation or court of appointment without entering into an agreement with the client. Reimbursement of expenses to the State may be transferred to the convicted person. ". 6. Part Two of article 49 should read as follows: " The participation of a defence counsel is also required in the proceedings and preliminary investigations in the cases referred to in paragraphs 2, 3 and 4 of this article-from the moment specified in the part article 47 of this Code and, in the case referred to in paragraph 5 of this article, from the moment the charge is brought. ". 7. Article 51 should read as follows: " Article 51. Duties and rights of defence counsel The Protector is obliged to use all means and remedies specified in the law to identify the circumstances justifying the accused or the accused who mitigate their responsibility to provide them with a remedy. the necessary legal assistance. From the time of admission to the case, the defence counsel has the right: to have private meetings with the suspect and the accused, without limitation of their number and duration; to be present at the indictment, to participate in the interrogation of the suspect; and of the accused, as well as in other investigative actions conducted with their participation; to examine the record of detention, the order for the application of the preventive measure, the records of investigative actions carried out with the participation of the suspect, the accused or the defence counsel itself, with the documents that were produced or were to be To present to the suspect and the accused the material referred to the court to confirm the legality and validity of the detention as a preventive measure and to extend the period of detention, and at the end of the inquiry or the preliminary investigation, with all the records of the case, to write out any information and any amount of evidence; to submit evidence; to file petitions; to participate in the examination of complaints by the judge in accordance with the procedure provided for in article 220-2 of the Code; to participate in the proceedings before the court of first instance, and Also, in a court hearing the case of cassation; recuse; bring complaints about the actions and decisions of the person conducting the initial inquiry, the investigator, the procurator and the court; use any other means and methods of protection; contrary to the law. The Protector participating in the investigation is entitled to ask questions to the persons questioned, to make written comments on the correctness and completeness of the records of the investigation. The investigator can assign the questions of a lawyer, but it is obliged to bring the issues to the record. The exercise of his rights by counsel may not be subject to the prior questioning of a suspect or accused or other investigative actions, unless otherwise provided for in the present case. Code. A lawyer may not refuse the defence of a suspect or accused person. The Protector is not entitled to divulse information communicated to it in connection with the protection and other legal assistance. ". 8. Article 52, paragraph 2, states that: " Suspects are entitled to protection. The suspect has the right to know what he is suspected of; to explain; to present evidence; to file petitions; to consult the investigative records of his or her participation, as well as to the materials sent to the court Confirmation of the legality and validity of the use of detention as a preventive measure; declaring recusal; bringing complaints against the actions and decisions of the person conducting the inquiry, the investigator, the procurator; and taking part in the examination of the judge The complaint is in accordance with the procedure provided for in article 220-2 of this Code. " 9. In article 60: supplement the article with the first reading: " A judge who examined the lawfulness and validity of the arrest or extension of a period of detention cannot participate in the same case in court First and second instance or supervisory review, but may consider a follow-up complaint in the manner provided for in article 220-2 of this Code. "; and the fourth. 10. In article 92: Part one is followed by words "and at the same time explains how to challenge the application of the preventive measure"; to supplement the article with a second reading: Cc Orders or definitions of application of the measure of restraint shall be given to the person against whom it is made. ". 11. Article 96 should be supplemented by a fifth reading: " Reapplication to the same person and in the same case of detention as a preventive measure following the annulment of the order by a judge in order, Under article 220-2 of this Code, it is possible only when new circumstances are opened to make the person in detention necessary. Reuse of detention as a preventive measure may be appealed to the court on a general basis. ". 12. Article 97 as part of the seventh reading: " Extension of the period of detention under this article is an occasion for appeal to the courts of detention and judicial review of its lawfulness, and reasonableness in the manner provided for in articles 220-1 and 220-2 respectively of this Code. ". 13. The first part of article 102 should be amended to read: " In the case of investigation proceedings, as well as in the court of first instance, the protocols shall be kept. The protocols are also kept under review by the judges in accordance with the procedure provided for in article 220-2 of this Code. ". Paragraph 3 of article 105, amend to read: " (3) of the sums paid for the assistance of counsel in the event of the release of a suspect, accused or defendant from her payment or the participation of a lawyer in the proceedings An inquiry, preliminary investigation or a court of appointment, without the conclusion of an agreement with the client. ". 15. In article 120, delete the second paragraph 1. 16. Article 201: , in the second word, " where the participation of a defence counsel is mandatory from the moment the defendant is declared to have completed the preliminary investigation and the accused is brought before the accused for the examination of the entire case, but is equal to In cases where the defence counsel is involved in the case from the moment of the indictment "shall be replaced by the words" when the participation of the defence counsel is compulsory in the conduct of the initial inquiry or preliminary investigation, or in cases where the defence counsel participates in the case "; Part 5: " Accused may, in the course of reading the case file, write out any information and any amount of information. ". 17. Article 202, paragraphs 1 and 2, should read: " (1) to have meetings with the accused alone, without limitation of their number and duration; 2) to acquaint themselves with all the materials of the case, to write any information from it, and to Any amount; ". 18. Supplement the Code with articles 220-1 and 220-2, as follows: " Article 220-1. Appeal to court of arrest or extension duration of custody Complaints of the use by the organ of inquiry, investigator, procurator of remand in custody as a preventive measure, as well as extension of detention The detainee shall be brought before the court by the person in custody, his counsel and the legal representative, either directly or through the person conducting the initial inquiry, the investigator or the procurator. The administration of the place of detention upon receipt of a complaint to the court by that person for the arrest or extension of the period of detention immediately and, in any case, not later than twenty-four hours from the date of receipt to file a complaint with the relevant court with the notification of the prosecutor. The person conducting the inquiry, the investigator and the procurator must, within twenty-four hours, lodge a complaint with the court, together with evidence of the lawfulness and validity of the detention as a The measures taken to suppress or prolong the period of detention and, if necessary, also with their explanations. In the event that a complaint has been brought through the administration of the place of detention, the prosecutor is obliged to refer the material and explanations to the court within 24 hours of receipt of the person's place of detention from the administration of the place of detention The custody of the notification of the person's submission of the complaint. The complaint shall not, in the future, suspend the application of the detention order as a preventive measure and shall not result in the release of the person in custody if the person is not found to be required to do so, conducting an inquiry, an investigator or a prosecutor. Article 220-2. Judicial review of the legality and validity of the arrest or extension of the period of custody Judicial review of the lawfulness and validity of the use of detention as a preventive measure, but equal to The lawfulness and validity of the extension of the period of detention shall be made by the judge at the place of detention. The judge shall verify the lawfulness and validity of the arrest or extension of the period of detention not later than three days from the date of receipt of the material confirming the legality and validity of the detention as a preventive measure. Judicial review of the lawfulness and validity of the arrest or extension of detention shall be conducted in camera with the participation of the prosecutor, the defence counsel, if he is involved in the case, and the legal representative of the person in question. in custody. The judge shall call the person in custody to the meeting. Failure to appear without valid reasons for the timely hearing of the complaint is not an obstacle to judicial review. Judicial review of the lawfulness and validity of the arrest or extension of detention in the absence of a person in custody is permitted only in exceptional cases, when that person seeks consideration of a complaint Its absence, or on its own initiative, refuses to participate in the meeting. At the beginning of the meeting, the judge declares the complaint to be considered and presented to the persons who appear before the court, explaining to them the rights and obligations. The complainant then, if he or she is involved in the examination of the complaint, justifies it, after which the other persons who have appeared before the meeting are heard. As a result of the judicial review, the judge issues one of the following orders: (1) revocation of the measure of restraint in the form of detention and release; (2) of the dismissal of the complaint satisfaction. In the event that no material confirming the legality and validity of the detention as a preventive measure or an extension of the period of detention has been submitted to the meeting, the judge shall rule on The abolition of this preventive measure and the release of the person from custody. The judge's ruling must be reasoned. The judge is entitled, at the same time, to order the abolition of the preventive measure in the form of remand in custody, to choose any other measure provided for by law. A copy of the judge's order is sent to the procurator and the complainant and, in the event of a decision to release the person in custody, also at the place of detention for immediate execution. If the person in custody is involved in the hearing, the detainee shall be released immediately by the judge in the courtroom immediately. If a complaint is abandoned without satisfaction, the judge's re-examination of the same person in the same case in the manner provided for in this article shall be permitted if the detention as a preventive measure is again After it has been cancelled or modified by the person conducting the inquiry, the investigator or the prosecutor. ". 19. In the first paragraph of article 331, paragraph 3, after the figure "44", add "220-2,". II. This Law shall be promulgated at the time of publication. President of the Russian Federation B. YELTSIN Moscow, House of the Russian Federation 23 May 1992 N 2825-I