On Introducing Changes And Additions Into The Legislative Acts Of The Russian Federation In Connection With Adoption Of The Federal Act On Detention Of Persons Suspected Or Accused Of Committing An Offence

Original Language Title: О внесении изменений и дополнений в законодательные акты Российской Федерации в связи с принятием Федерального закона "О содержании под стражей подозреваемых и обвиняемых в совершении преступлений"

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Ineffective portion of changes and additions to the corrective labour code of the RSFSR-the Federal law dated 08.01.97 g. N 2-FZ RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to legislation of the Russian Federation in connection with adoption of the Federal Act on detention of persons suspected or accused of committing crimes "adopted by the State Duma May 17, 1996 year (as amended by the federal laws on out N 196-FZ;
from Sept. 2 N 3-FZ), 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; 1963, no. 36, text 661; 1970, no. 22, p. 442; 1972, no. 26, p. 663; 1973, N 16, art. 353; 1974, no. 29, art. 782; 1977, N 1, art. 2; N 12, art. 257; 1983, no. 32, St. 1153; 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; 1993, N 22, art. 789; N 32, St. 1231; Collection of laws of the Russian Federation, 1994, N 10, art. 1109; 1995, N 51, art. 4973) the following amendments and supplements: 1. In article 11: new supplement article part 3 and part 4 to read as follows: "the Chief places of detention must, not later than twenty-four hours before the expiry of the period of detention of a suspect or accused to notify the body or person in charge of the criminal case, as well as the Prosecutor.
If, at the expiration of the statutory period of detention or remand in custody as a preventive measure the appropriate decision on the election of the preventive measure of remand detention or release the suspect or accused, or to extend the period of his detention as a preventive measure or a message about the decision, the head of the detention Decree liberates him. ";
part three regarded as part of the fifth.
2. In article 46: supplement article new part 4 and part of a fifth reading as follows: "the accused person in custody as a preventive measure, shall have the right to have visits from defence counsel, relatives and other persons, as well as correspondence with them.
The procedure and conditions for granting the accused carry out visits and correspondence are defined by the Federal law "on detention of persons suspected or accused of committing an offence.";
part four take part six.
3. Part four article 47 shall be amended as follows: "as defenders allowed Attorney-at-law: upon presentation of them warrant legal advice; a representative of a trade union or other public association, a defender, on presentation of the relevant Protocol, as well as a document certifying his identity. "
4. Article 52 supplement third and fourth installments as follows: "a suspect from the moment of detention has the right to have visits from defence counsel, relatives and other persons.
The procedure and conditions for granting a suspect visits and carry out correspondence are defined by the Federal law "on detention of persons suspected or accused of committing an offence.".
5. Article 96 supplement part of sixth reading: "person or body in charge of the criminal case, must immediately notify one of the relatives of the suspect or accused person on site or on the change of the place of detention."
6. Article 96-2 shall be amended as follows: "s t a t b I 96-2. Periods of detention in temporary holding suspects and accused persons with respect to whom as a preventive measure applied detention can be held in short-term detention isolators do not more than three days.
Suspects and accused persons, contained in the remand centres, can be transferred to temporary detention in cases where it is necessary for the performance of investigative, trial outside built-up areas where the remand centres, of which the daily delivery of them is impossible, at the time of the action and the judicial process, but not more than ten days during the month.
7. Article 122-1 the words "regulations on short-term detention of persons suspected of committing a crime" should be replaced by the words "the Federal Act on detention of persons suspected or accused of committing an offence.
Article 2. Complement the corrective labour code of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1970, no. 51, p. 1220; 1983, no. 10, p. 319; 1985, no. 39, p. 1353; 1987, no. 43, item 1501; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 32, art. 1234) article 15-1 to read as follows: "t s t b I 15-1. The use of penal institutions for the detention of suspects and accused persons, convicts serving a sentence in penal institutions detained on suspicion of committing another crime, may be contained in these institutions, but in isolation from convicts serving sentences.

Suspects and accused persons with respect to whom as a preventive measure applied detention may be detained in prisons or in the territories of penal institutions, in specially equipped premises for these purposes operating in the mode of remand prisons. List of prisons and reform-through-labour institutions in the territories which may contain suspects and accused persons, is approved by the Minister of Internal Affairs of the Russian Federation on agreement with the Prosecutor General of the Russian Federation. "
Article 3. (Repealed-federal law out N 196-FZ), Article 4. (Repealed-the Federal law dated Feb. 7, N 3-FZ), Article 5. To the law of the Russian Federation "on the institutions and bodies responsible for enforcing criminal penalties of deprivation of liberty" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 33, art. 1316) the following amendments and supplements: 1. Complement Law article 5-1 to read as follows: "t s t b I 5-1. The use of penal institutions for the detention of suspects and accused persons in the territories of penal institutions may be equipped with special facilities, functioning in the mode of remand centres for the detention of suspects and accused persons with respect to whom as a preventive measure applied detention. A list of such agencies shall be approved by the Minister of Internal Affairs of the Russian Federation on agreement with the Prosecutor General of the Russian Federation. "
2. Article 13 shall be amended with paragraph 7 reading as follows: ' 7) to ensure the treatment of suspects and accused persons with respect to whom as a preventive measure applied detention, as well as respect for their rights and the performance of their duties in accordance with the Federal law "on detention of persons suspected or accused of committing an offence.".
3. In article 28: supplement article new part 2 to read as follows: "Employees of remand centres of the penal correction system can apply physical force, special means, gas weapons and firearms, in the manner and in the cases stipulated by the Federal law" on detention of persons suspected or accused of committing an offence, this law and other normative legal acts of the Russian Federation. ";
the second part-the sixth take, respectively parts of the third to seventh.
Article 6. This federal law shall enter into force on the day of its official publication, with the exception of the provisions of paragraphs 2 and 4 of article 1 on the granting of suspects and accused persons, contained in short-term detention isolators, visits from relatives and other persons. These provisions shall enter into force from the moment of creation of the appropriate conditions, but no later than January 1, 1998 year.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 15, 1996 73-FZ