On Amendments And Additions To Article 26, 97, 133 Of The Code Of Criminal Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в статьи 26, 97, 133 Уголовно-процессуального кодекса РСФСР

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102045099

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to article 26, 97, 133 of the code of criminal procedure of the RSFSR adopted by the State Duma on December 11, 1996 year, Article 1. To amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1983, no. 32, p. 1153; 1989, no. 50, art. 1478; 1990, no. 3, art. 79; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 25, art. 1389) the following amendments and supplements: 1. Part two of article 26 shall be amended as follows: "the selection of cases is allowed only in cases caused by necessity, if it would not affect the comprehensiveness, thoroughness and objectivity of the study and determination of the case. In compliance with those conditions on the orders of the Prosecutor from the criminal case on charges of the person or persons committing several crimes in separate proceedings for completion of the investigation may be allocated case against referred to the person or persons of a crime or crimes when setting on all circumstances subject to proof. "
2. Article 97: part the first and second shall be reworded as follows: "detention during the investigation of criminal cases may not exceed two months. This period may be extended by a district, City Procurator, garrison military prosecutor, associations, connections, and equated to prosecutors if it is impossible to complete the investigation and when there is no reason to change the measure of restraint for up to three months. Further extension may only be exercised in view of the particular complexity of the case by the public prosecutor of the Russian Federation, military prosecutor of the County group of armies, fleets, the strategic missile forces, the Federal border service of the Russian Federation and equated to prosecutors up to six months from the day of detention.
Extension of the detention for more than six months is permitted in exceptional cases and only in respect of persons accused of committing serious crimes and particularly serious crimes. Such an extension is performed by the Deputy Prosecutor General of the Russian Federation-to one year and the Prosecutor General of the Russian Federation-to one and a half years. ";
part four, after the words "part two of this article," add the following sentence: "in the case where the accused and his counsel to familiarize with the materials of the case before the expiry of detention is not possible, the Prosecutor General of the Russian Federation, the public prosecutor of the Russian Federation, military prosecutor of the County group of armies, fleets, the strategic rocket forces, the Federal border service of the Russian Federation and equal to them, prosecutors may not later than five days prior to the expiry of detention to bring a motion before the judge of the regional , regional and equivalent courts an extension. ";
part of fifth shall be reworded as follows: "judge not later than five days from the date of receipt of the application makes one of the following decisions: 1) on the extension of detention until the accused and his counsel to familiarize themselves the Affairs and direction of the Prosecutor to the Court, but not more than six months;
2) denying a motion by the Prosecutor and to release a person from custody. ";
the new part of the sixth supplement article as follows: "in the same manner the detention period can be extended if necessary meet the motions by the accused or his counsel submitted preliminary investigation.";
part of the sixth and seventh take parts of the seventh and eighth, respectively.
3. Parts two and three of article 133 shall be amended as follows: "the term of preliminary investigation established by paragraph 1 of this article may be extended by a district, City Procurator, garrison military prosecutor, associations, connections, and equated to prosecutors up to three months.
In cases where a particularly difficult investigation, the public prosecutor of the Russian Federation, military prosecutor of the County group of armies, fleets, the strategic rocket forces, the Federal border service of the Russian Federation and equal to them prosecutors or their alternates may extend the preliminary investigation up to six months. Further extension may be made only in exceptional cases, the Prosecutor General of the Russian Federation or his Deputy.
Article 2. This federal law shall enter into force on the day of its official publication.
Russian President Boris Yeltsin in Moscow, the Kremlin December 31, 1996 N 163-FZ