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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Real-forces changes and additions to Corrective Labour Code RSFSR-Federal Law dated 08.01.97 g. N 2-FZ RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to legislative acts of the Russian Federation in connection with the adoption of the Federal Law "Detention of suspects and accused crimes " Adopted by the State Duma on May 17, 1996, 30.12.2001 N 196-FZ; of 07.02.2011 N 3-FZ) Article 1. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1963, N 36, sect. 661; 1970, N 22, sect. 442; 1972, N 26, sect. 663; 1973, N 16, sect. 353; 1974, No. 29, sect. 782; 1977, N 1, sect. 2; N 12, est. 257; 1983, N 32, sect. Representatives of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 1389; 1993, N 22, sect. 789; N 32, sect. 1231; Legislative Assembly of the Russian Federation, 1994, N 10, sect. 1109; 1995, N 51, sect. 4973) the following changes and additions: 1. In article 11: to supplement the article with a new part three and part four: " The chief of a place of detention shall be obliged not later than twenty-four hours before the expiry of the period of detention The suspect or the accused shall be informed of the matter by the authority or person who is in the process of criminal proceedings, as well as of the prosecutor. If, upon the expiration of the statutory period of custody or detention as a preventive measure, the decision to choose a preventive measure in the form of remand in custody or the release of the suspect, or In the case of an accused person or an extension of his or her detention as a preventive measure or a communication of this decision, the head of the detention shall release him or her by order. "; Fifth. 2. In article 46: to supplement the article with a new Part Four and Part Five, reading: " The accused, detained as a preventive measure, has the right to have meetings with counsel, relatives and other persons, and to communicate with them as well. The Federal Law "On the Detention of Suspects and Accused Crimes" determines the order and conditions for granting the accused person visits and the conduct of their correspondence. "; part of the sixth. 3. Part 4 of article 47, as follows: " As defence counsel, legal counsel shall be represented; a representative of a trade union or other public association, A defence counsel, upon presentation of the relevant protocol, as well as a document certifying his identity. ". 4. Article 52 is supplemented by parts three and four: " The suspect from the moment of detention has the right to have meetings with counsel, relatives and other persons. The Federal Law "On the Detention of Suspects and Accused Crimes" determines the order and conditions for the provision of the suspect and the execution of correspondence. ".". 5. Article 96 should be supplemented with the following part of the sixth content: " The person or authority in whose proceedings a criminal case is located shall immediately notify one of the close relatives of the suspect or accused of the place or of the accused Changes in place of detention. ". 6. Article 96-2 should be amended to read: " C t t I t. Length of detention for remand prisoners in temporary holding facilities Suspects and accused persons who have been detained as a preventive measure may be held in detention centres A temporary detention of not more than three days. Suspects and accused persons held in remand centres may be transferred to temporary holding facilities in cases where this is necessary for the conduct of investigative actions, judicial review of cases outside the borders of the places where the detention facilities are located, where they cannot be delivered on a daily basis, for the duration of the said actions and trial, but not more than 10 days during the month. ". In article 122-1, the words "Regulation on the order of short-term detention of persons suspected of committing a crime" shall be replaced by the words "Federal Act on the custody of suspects and accused persons". Article 2. Complement the RSFSR's Correctional Labour Code (Statements by the Supreme Soviet of the RSFSR, 1970, N 51, Art. 1220; 1983, N 10, est. 319; 1985, N 39, sect. , 1353; 1987, N43, Art. 1501; Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1993, N 32, sect. 1234) Article 15-1 as follows: " C t I t I 15 -1. Use of detention facilities by suspects and accused persons convicted persons who are serving a sentence in penal institutions who are suspected of having committed of another crime, may be held in these institutions, but in isolation from convicted persons serving a sentence. Suspects and accused persons who have been detained as a preventive measure may be held in prisons or in the territories of penal enforcement agencies in specially equipped facilities for that purpose Detention facilities. The list of prisons and correctional labour establishments in whose territories suspects and accused persons may be detained is approved by the Minister of the Interior of the Russian Federation, in consultation with the Procurator-General of the Russian Federation. " Article 3. (Spconsumed by Federal Law of 30.12.2001) N 196-FZ) Article 4. (Spconsumed by Federal Law of 07.02.2011) N 3-FZ) Article 5. Russian Federation's law on institutions and bodies implementing criminal penalties in the form of deprivation of liberty (Bulletin of People's Congress) of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, 1316) the following changes and additions: 1. Supplement the Law with Article 5-1 as follows: " C t I am 5-1. The use of detention facilities for suspects and accused in the territories of penal enforcement agencies may be equipped with special premises operating in the territory of the Republic of the Republic of Azerbaijan. In the case of remand centres, detention of suspects and accused persons for whom remand in custody has been applied as a preventive measure. The list of such institutions is approved by the Minister of the Interior of the Russian Federation in consultation with the Procurator-General of the Russian Federation. ". 2. Article 13 add the following paragraph 7: " 7) to ensure that suspects and accused persons are held in custody as a preventive measure, and that their rights are respected and enforced. of their duties under the Federal Act on the Detention of Suspects and Accused for Crimes of Crime. 3. In article 28: supplement the article with a new part of the second reading: " Employees of remand centres of the penal correction system may use physical force, special means, gas and firearms in the cases provided for by the Federal Law on the Detention of Suspects and Accused in the commission of Crimes, this Law and other regulatory legal acts of the Russian Federation. "; The sixth is considered as part three, respectively, of the seventh. Article 6. This Federal Act shall enter into force on the date of its official publication, except for the provisions of article 1, paragraphs 2 and 4, on the granting of visits by suspects and accused persons held in temporary holding facilities, visits by relatives and other persons. Other persons. These provisions shall enter into force as from the date on which the conditions are created, but not later than 1 January 1998. President of the Russian Federation B. Yeltsin Moscow, Kremlin 15 June 1996 N 73-FZ