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=102067071

RUSSIAN FEDERATION FEDERAL Act amending and supplementing the code of criminal procedure of the RSFSR, adopted by the State Duma July 7, 2000 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; 1963, no. 15, p. 288; N 36, art. 661; 1965, no. 50, art. 1243; 1966, no. 35, St. 946; N 36, art. 1018; N 38, St. 1039; 1968, N 20, art. 859; 1969, N 4, art. 89; 1970, N 14, art. 256; N 22, art. 442; 1971, no. 22, art. 432; N 42, art. 881; 1972, N 26, art. 663; N 51, art. 1207; 1973, N 16, art. 353; N 17, art. 372; 1974, no. 29, art. 781, 782; 1975, no. 33, art. 699; 1977, N 1, art. 2; N 6, art. 129, 130; N 12, art. 257; N 51, art. 1217; 1978, no. 15, St. 410; 1980, N 20, art. 536; 1981, no. 34, art. 1151; 1983, no. 32, St. 1153; N 37, art. 1334; 1984, N 5, art. 168; 1985, N 5, art. 163; N 40, St. 1398; 1986, no. 23, art. 638; 1987, no. 27, art. 961; N 36, art. 1295; N 43, St. 1501; 1988, N 2, art. 35; N 14, art. 396, 397; N 33, art. 1081; N 48, art. 1529; 1989, N 16, art. 397; N 28, art. 739; N 37, art. 1074; N 50, art. 1478; 1990, no. 3, art. 79; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; N 52, art. 1867; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 17, art. 894; N 25, art. 1389; N 27, art. 1560; N 29, art. 1687; N 30, art. 1794; N 33, art. 1912; N 49, St. 2866; 1993, no. 3, art. 97; N 10, art. 360; N 17, art. 593; N 21, art. 749; N 22, art. 789; N 28, art. 1067; N 32, St. 1231; N 33, art. 1313; Rossiyskaya Gazeta, September 9, 1993, no. 174; Collection of laws of the Russian Federation, 1994, N 10, art. 1109; N 17, art. 1950; 1995, N 11, art. 939; N 17, art. 1471; N 18, art. 1595; N 21, art. 1927; N 30, art. 2866, 2867; N 51, art. 4973; 1996, N 16, art. 1769; N 25, art. 2964; N 32, St. 3843; N 52, art. 5881; 1997, N 1, art. 4; N 12, art. 1374; N 46, art. 5244, 5245; N 51, art. 5716; 1998, no. 28, art. 3260; N 30, art. 3613; 1999, N 1, art. 5; N 28, art. 3491; 2000, N 16, art. 1641) the following amendments and supplements: 1. the first part of article 27, after the words "of the Criminal Code of the Russian Federation", add the words "(a case of private prosecution).
2. Article 34 shall be amended with paragraph 66 as follows: "66)" private prosecutor "-the person who filed a complaint with the Court in the manner provided for in article 468 of the present code and supports the prosecution in court;".
3. Article 35: part one, after the words "military courts", add the words ", as well as the jurisdiction of the magistrate";
part three, after the words "juvenile" add the words ", in addition to the jurisdiction of the magistrate".
4. The second part of article 253 deleted.
5. In article 325: first part shall be reworded as follows: "the person convicted or acquitted, their lawyers and their legal representatives, the private prosecutor and his representative, the victim and his/her representative have the right to appeal against the judgement of the Court of first instance or the verdict of the (ruling) of the Court of appeal.";
part of the second, third and fourth after the word "sentence" add the words "Court of first instance or the verdict (order) of the Court of appeal".
6. paragraph 1 of article 326 shall be reworded as follows: "1) judgements (decisions) of the Court of appeal, judgements of the District Court to the Supreme Court of the Republic, boundary (regional) Court, city of Federal significance, autonomous oblast court and Court Autonomous Okrug;".
7. In article 328: in the first part of the word "authority" should be replaced by the words "and the sentence (Decree) of the Court of appeal";
the second part, after the word "victim", add the words "private prosecutor".
8. the first part of Article 329, after the word "sentence" add the words "and the verdict of the Court of first instance (judgment) Court of appeal".
9. In article 332, after the word "sentence" add the words "and the verdict of the Court of first instance (judgment) Court of appeal".
10. Part four article 338, after the words "their lawyers and their legal representatives," add the words "private prosecutor and his representative,".
11. the first part of article 339, after the word "sentence" add the words "and the judgement of the Court of first instance (judgment) Court of appeal".
12. The second part of article 340 after "complaint" shall be supplemented with the words "private prosecutor."
13. In article 341, after the word "sentence" add the words "Court of first instance or the verdict (order) of the Court of appeal", the words "on the complaint of the victim" should be replaced by the words "on the complaint of the private prosecutor, the victim".
14. Article 348 supplement part 4 to read as follows: "If, along with the lifting of the sentence (Decree) of the Court of Appeal overturned the sentence, magistrate aquittal, the case is sent for a new judicial review in the District Court.".
15. In article 349: the text after the word "sentence" add the words "the Court of the first or the appellate court";
paragraph 2, after the word "first" add the words "or appeals".
16. Article 350, after the word "first" add the words "or appeals".
17. In Article 351: in the first part of paragraph 4 after the words "sentence" add the words "or judgement of the Court of first instance (judgment) Court of appeal";
in paragraph 5, the word "second" should be replaced by the word "Cassation";
part of the third sentence, after the words "to" add the words "or judgement of the Court of first instance (judgment) Court of appeal".
18. The second part of article 352, after the word "first" add the words "or appeals".
19. The second part of Article 353, after the words "on an appeal" add the words "private prosecutor".
20. In article 356: add new parts of the second and third reading:

"The verdict the magistrate shall enter into legal force upon expiry of the term for appeal and protest, if it was not appealed or protested. Challenged or appealed against the verdict the magistrate shall enter into legal force on appeal or appellate protest by a District Court in cases if it is not cancelled and if the verdict of the Court of appeal has not brought a cassation complaint or cassation protest.
Judgment of the Court of appellate instance enters into force after expiry of the term for cassation appeal and protest, if it was not appealed or protested. In the case of sacrificing the cassation complaint or cassation protest of the verdict of the Court of appeal, if it is not cancelled, enters into legal force on consideration of the cassation complaint or cassation protest superior court. ";
part of the second, third, fourth, fifth and sixth respectively parts of the fourth count, fifth, sixth, seventh and eighth.
21. In the first part of Article 359: last sentence shall read as follows: "in the event of a change in the sentence a Justice of the peace as a result of the review, appeal, cassation or supervisory review a copy of the sentence are attached copies of the ruling or order of the Court of Cassation or supervisory instance, as well as a copy of the judgement (judgment) the Court of appeal.";
complement the proposals as follows: "The appellate court has a duty to report on the results of consideration of the case on appeal with respect to the detainees. In the event of a change in the sentence of the Court of first instance or the appeals in the case on appeal to a copy of the sentencing magistrate attached copies of the Court of Cassation.
22. Article 360: in the first part the words "national judge" should be replaced by the words "the magistrate";
in the second part of the word "or" should be deleted.
23. the first part of article 361-1, after the words "the Court" shall be supplemented with the words "as well as a magistrate in cases falling within the jurisdiction of a magistrate".
24. Article 362 after the word "judge" add the words "(magistrate).
25. Article 362-1, after the word "judge" in the respective cases shall be supplemented with the words "(magistrate)" in appropriate cases.
26. Article 362-3, after the word "judge" add the words ", as well as a magistrate in cases falling within the jurisdiction of a magistrate".
27. the first part of article 363, after the word "judge" add the words ", as well as a magistrate in cases falling within the jurisdiction of a magistrate".
28. Article 364, part one, after the word "judge" add the words ", as well as a magistrate in cases falling within the jurisdiction of a magistrate";
parts two and three, after the word "judge" in the respective cases shall be supplemented with the words "(magistrate)" in appropriate cases.
29. Article 365, after the word "judge" add the words ", as well as a magistrate in cases falling within the jurisdiction of a magistrate".
30. the first part of article 367, after the word "judge" (in the respective cases shall be supplemented with the words "the magistrate" in appropriate cases.
31. Article 368, part one, after the words "judge the Court" add the words "(magistrate);
Part II shall be amended as follows: "If the sentence is carried out outside the area of operation of the Court (judge, Justice of the peace), handed down the verdict, these issues are resolved by the justice in cases falling within the jurisdiction of a magistrate, and a judge of the Court of the same name on the remaining cases. In the absence of enforcement in the District of the same name of the Court or magistrate judge resolved the issues of the superior court. In this case, a copy of the ruling shall be sent to the Court (judge, magistrate), postanovivshemu sentence. ";
part three, after the word "Court" add the words "and on cases relating to the jurisdiction of a magistrate, the magistrate Ordinance";
part of the fourth supplement with the following sentence: "the issues in the enforcement of sentences handed down by the justices of the peace, Justice of the peace shall rule according to the place of serving punishment of convicted persons.";
in section 5, the words "(urban) people's Court" were replaced by the words "Court (magistrate).
32. In article 369: part the first, third, fourth and fifth after the word "judge" add the words "(magistrate);
part of the sixth, after the word "judge" in the respective cases shall be supplemented with the words "(magistrate)" in appropriate cases.
33. article 370: part one "(urban) people's Court" were replaced by the words "of the Court, as well as a magistrate in cases falling within the jurisdiction of a magistrate";
in the third part of the last sentence should be deleted;
part of the fourth and fifth after the word "judges" add the words "(magistrate).
34. In the second part of article 371: items 1, 2, 3 and 4 should be deleted;
item 5 as subclause 1 and after the word "sentences", add the words "(including judgements (decisions) of magistrates, judgements (decisions) of the Court of appeal)";
item 6 as subclause 2 and shall read as follows:

"2) the chairpersons of the Supreme Court of the Republic, Krai (regional) Court, Court of Federal significance, autonomous oblast court, court autonomous district, prosecutors of the Republic, Krai (region), city of Federal significance, autonomous oblast and Autonomous Okrug-the verdict (ruling) justice of the peace, verdict (order) of the Court of appeal, the verdict of the District Court and the definition and determination of judicial Board on criminal cases of the Supreme Court of the Republic respectively, provincial (regional) Court, Court of Federal significance Court, autonomous oblast and Autonomous Okrug, have reviewed the court case in the Cassation order. ".
35. In article 374: first part shall be reworded as follows: "the bureaux of the Supreme Court of the Republic, Krai (regional) Court, Court of Federal significance, autonomous oblast court, the Court of the Autonomous Okrug adjudicate on protests on the definitions of these courts of Cassation, verdicts and rulings of district courts, definition District Court judges on trial, verdicts and sentences of the justices of the peace (resolutions) of the appellate instance district courts."
36. In the first part of article 378, paragraph 3, after the word "Cancel" add the words "sentence (order) of the Court of appeal,";
paragraph 4 after the words "Court" shall be supplemented with the words "sentence (order) of the Court of appeal";
paragraph 5, after the word "sentence" add the words "(magistrate), judgement of the Court of appeal", after the words "Court" shall be supplemented with the words "first or appeal instance".
37. In article 379: part one after the word "sentence" add the words "(sentence a Justice of the peace)";
in the second part, after the words "the judge's order," add the words "judgements (decisions) of the Court of appeal,", the words "this definition or regulation" shall be replaced with the words "this sentence (order) of the Court of appeal, the definition or regulation".
38. Article 380 part three: after the words "Court of first" supplement the word "appeals", after the words "Court of first" supplement the word "appeal";
part four, after the word "Court" shall be supplemented with the words "sentence, a sentence the magistrate (Decree) of the Court of appeal";
part the fifth, after the word "sentence" in appropriate cases shall be supplemented with the words "sentence (order) of the Court of appeal" in appropriate cases;
part of the seventh, after the word "first" add the words "or appeals";
part of the eighth, after the word "cancelling" add the words "sentence (order) of the Court of appeal or" after the word "made" add the words "or appeal."
39. In article 382: part one after the word "sentence" add the words "sentence (Decree) of the Court of appeal";
in the second part of the phrase "or the second" were replaced by the words "appeals or Cassation," in the second sentence, after the word "first" add the words "or appeals".
40. Article 383: after the words "earlier in the" add the words "or appeal";
Supplement part two., to read: "Decree of the Presidium of the Supreme Court of the Republic, Krai (regional) Court, Court of Federal significance, autonomous oblast court, the Court of the Autonomous Okrug made following consideration of the case on protests at the verdict and the subsequent decisions of the Justice of the peace courts, entered into legal force, are final and are not subject to review."
41. In the first part of article 384 of the words "sentence, definition and a court order" should be replaced by the words "the Court's verdict, the verdict of the magistrate, the verdict of the Court of appeal, and the Court" definition.
42. the first part of article 385, after the words "acquittal" and "conviction", add the words ", sentence, sentence a magistrate of the Court of appeal".
43. In the first part of article 388: to complement the new paragraph 1 as follows: "1) against judgements (decisions) of the justices of the peace-judge of the District Court";
paragraphs 1, 2 and 3 take 2 points respectively, 3 and 4.
44. In the first part of article 389 of the words "the Presidency of the Court shall" shall be replaced with the words "judge of the District Court, the Presidency of the Court".
45. the first part of Article 395, after the word "Court", add the words "(a magistrate).
46. Article 402, after the word "Court", add the words "(magistrate).
47. add sections of the eleventh and twelfth as follows: "section of the ELEVENTH PRODUCTION from MAGISTRATE FORTIETH CHAPTER PROCEEDINGS, TRIAL MAGISTRATE Article 467. Criminal cases the jurisdiction of the magistrate the magistrate shall have jurisdiction over: 1) a case of private prosecution of offences referred to in articles 115, 116, part one of article 129 and article 130 of the Criminal Code of the Russian Federation;

2) criminal offences of minor crimes punishable under the Russian Criminal Code, does not exceed two years ' deprivation of liberty, except offences stipulated by part one of article 108, 113, 114, 118, part one of article 136, part one of article 146, part one of article 147, articles 170, 177, part one of article 178, article 182, part one of article 183 Articles 185, 194, 195, part one of article 198, part one of article 204, part one of article 215-1, part one of article 217, part one of article 220, part one of article 225, article 233, part one of article 237, part one of article 247, part one of article 252 article 253, part one of article 254, articles 255, 262, part one of article 263, part one of article 264 article 265 , articles 270, 271, part one of article 272, part one of article 274, 288, 289, 292, part one of article 293, parts 1 and 2 of article 294, paragraph 2 of Article 296, parts 1 and 2 of article 298, part one of article 301, part one of article 303, part one of article 306, part one of article 307, part one of article 309, part one of article 311 article 316 , part one of article 320, part one of article 322 article 323, paragraphs 1 and 3 of Article 327 and 328 articles of the Criminal Code of the Russian Federation.
Cases falling within the competence of justices of the peace, in respect of the persons referred to in paragraph 2 of the first paragraph of article 7 of the Federal Constitutional law "on military courts of the Russian Federation", discusses the garrison military court in accordance with sections 3 and 4 of this code.
Article 468. Initiation of cases of private prosecution cases of crimes referred to in the first paragraph of article 27 of the present Code, initiated by filing a complaint in court the victim or his legal representative. In case of the victim's death a case of private prosecution shall be instituted by filing in the Court complaint his close relatives. In case if the victim by virtue of the helpless state of or is otherwise unable to defend their rights and legitimate interests, criminal proceedings may be instituted by the Prosecutor and is intended for the production of the preliminary investigation. While entry into the Prosecutor's case did not deprive the parties of the right to conciliation.
Article 469. Contents the complaint the complaint should contain: 1) the name of the Court in which it is served;
2) event description of the crime, the reference to the time and place of its Commission;
3) request to the court taking the case;
4) information about the person who is accused to victims;
5) list of witnesses and others about calling which seeks victim.
The complaint is signed by the person submitting it, and served in the Court with copies of on the number of persons against whom a case of private prosecution shall be instituted.
Upon receiving a complaint and the absence of circumstances excluding criminal proceedings, the magistrate shall order accepting a complaint for its production.
Since the adoption of the Justice of the complaint to its production face, her filing, becomes the private prosecutor, a person against whom the complaint is accused.
Article 470. The powers of a magistrate in a case of private prosecution prior to trial if the complaint does not meet the requirements of parts two and three of article 469 of the present Code, the magistrate offers the person submitting it, bring a complaint in accordance with the specified requirements and shall establish for this term. If within the prescribed time-limit complaint is not brought into compliance with the specified requirements, the magistrate denied his decision in making its production and shall notify the person submitting it.
On the request of the private prosecutor, the magistrate may assist him in collecting such evidence in a case of private prosecution, which cannot be obtained by a private prosecutor alone.
If there is reason to assign the trial judge for up to seven days from the moment of receipt of the complaint to the Court calls the accused, introduces him to the materials of the case, gives him a copy of the complaint and finds out whom, in the opinion of the accused, you must call in court as witnesses for the defence.
The magistrate is obliged to explain to the parties the possibility of reconciliation. If the parties agree on reconciliation they are declarations and proceedings on the case of private prosecution shall be terminated by order of a magistrate under paragraph 6 of article 5 of this code.
In the case of the accused to appear in court a copy of the complaint, explaining the possibility of reconciliation it is sent by mail.
If reconciliation between the parties is not reached, the magistrate after fulfilling the requirements of the fourth and fifth parts of this article assigns a case of private prosecution in court. Since the appointment of the case for consideration at the trial the accused is called the defendant.
Article 471. The powers of a magistrate in a criminal case, it was On on a criminal case, the Magistrate decides and conducts preparatory activity to the hearing in the manner prescribed by chapter of the twentieth of the present code.
Article 472. The timing of the consideration of the criminal case in court

Trial in the case of private prosecution or criminal offences of minor, except for the cases specified in the second part of article 467 of the present Code shall be initiated not later than fourteen days from the receipt of the complaint in court.
Article 473. Consideration of the criminal case in court hearing of the criminal case on crimes that are not grave hearing magistrate is carried out in accordance with the General rules of judicial proceedings and the consideration of a case of private prosecution in accordance with the General rules for the trial, which did not contravene Article 474.
Article 474. Consideration of the case of private prosecution in court, the defendant may file a counter complaint for consideration together with a complaint filed in respect thereof (hereinafter referred to as the initial complaint). Initial connection and counter complaints in one production allowed by order of a magistrate prior to the trial. In this case, the person who filed the original complaints, returning and participating in the process at the same time as a private prosecutor and defendant. In connection with the receipt of a counter complaint and complaints in a case may be postponed at the request of the private prosecutor in order to prepare his defence. Questioning the defendant about the circumstances set out in the complaint, the counter is made according to the rules of interrogation of the victim, and the questioning of the private prosecutor about the circumstances set forth in the counter complaint-according to the rules of interrogation of the defendant.
In the case of private prosecution, the prosecution at the trial supports the private prosecutor, his or her legal representative or a representative.
With the failure of the private prosecutor in court without good reason the case is to be dismissed in connection with refusal of private prosecutor for prosecution.
The investigation begins with the presentation of the complaint, the private prosecutor, his legal representative or a representative. The counter arguments of the complaint sets out arguments after describing the initial complaint. Private prosecutor or his representative submits evidence, have the right to participate in their study, present its views to the Court on the merits of the charge, on the application of the criminal law and meted punishment, as well as on other issues raised during the trial. The private prosecutor may amend the indictment, if it does not affect the position of the defendant and does not violate his right to a defence, as well as to abandon the prosecution.
Article 475. Abbreviated investigation On the application of one of the parties and if there is no objection from the other side of the world judge may conduct an abbreviated investigation, including questioning of the defendant and the victim, as well as study other evidence that indicate the parties. When the judge explained to the parties that their acceptance of a shortened trial entails the inadmissibility of the appeal or protest sentence on this basis.
The rules set out above shall not apply in cases of crimes committed by a group of persons, if at least one of the defendants opposed holding an abbreviated trial and the case against it cannot be selected, as well as in all cases involving minors.
Article 476. The verdict the Magistrate decides to Sentence a Justice of the peace in the manner prescribed by chapter twenty-fifth of the present code.
Article 477. Appeal and protest of the sentence or order of a magistrate or justice of the Sentence of its decision to discontinue the proceedings may be appealed by the parties within seven days from the date of their proclamation.
In the same period, the verdict the magistrate or his decision to dismiss the case can be appealed by the Prosecutor.
SECTION of the TWELFTH REVIEW of SENTENCES and orders of the MAGISTRATE, NOT ENTERED into force CHAPTER FORTY-FIRST APPEAL and CHALLENGE JUDICIAL DECISIONS, NOT YET in force Article 478. Right of appeal and protest the verdict the magistrate and his ruling to dismiss the case under Article 477 of the present code and the provisions of this chapter, sentence the magistrate or his decision to dismiss the case, which have not entered into legal force may be appealed and challenged on appeal.
The right to appeal the magistrate convicted or acquitted, belongs to their lawyers and legal representatives, the private prosecutor and his representative, the victim and his or her representative. The civil plaintiff, the civil defendant and their representatives have the right to appeal against the verdict of the magistrate and his decision to dismiss the case, in the part relating to the civil suit.
The Prosecutor is obliged to protest unlawful or unfounded verdict the magistrate or his decision to dismiss the case on appeal.
Article 479. The Court, which hears complaints and protests that have not yet become enforceable sentences of the magistrate and his order dismissing case

Complaint and protest do not become legally effective sentences of the magistrate and his order dismissing the case dealt with in appeal the relevant District Court.
Article 480. The procedure for filing complaints and appeals protests sacrificing served and sacrificed magistrate protests, postanovivshemu sentence or had issued a ruling to dismiss the case.
Article 481. The appellate complaint or protest the appellate complaint or protest must contain: 1) the name of the Court in which the complaint or is protested;
2) data about the person overseeing the complaint or protest leadership, together with an indication of its place of residence or location;
3) indication of the sentence or order, which will be appealed or contested, and the name of the Court, handed down the verdict or decision-maker;
4) indication, in whole or in part will be appealed or contested the verdict or judgment;
5) arguments of the person making the complaint or protest-producing, pointing to the wrong sentence or a decision of the Court, and of the merits of his claims;
6) evidence justifying the applicant's requirements, which should be studied by the appellate court, including evidence not examined by a Justice of the peace;
7) list of materials attached to the complaint or grievance;
8) signature of person making a complaint or protest-producing.
If a complaint or protest do not correspond to the requirements specified in paragraph 1 of this article, and this is an impediment to the consideration of the case, the complaint or protest shall be deemed filed, but returned to the person submitting them, Justice of the peace, who shall designate a term for their peresostavlenija.
Article 482. Deadlines for appeals and protest the verdict the magistrate and his ruling to dismiss the complaints and protests at the verdict of the magistrate or his ruling on termination of case may be filed on appeal within seven days from the date of their proclamation. The sentenced person in custody can lodge a complaint to the appeal within seven days from the day of handing him a copy of the judgement of a magistrate or his order dismissing the case.
Within the period fixed for the appeal or protest the verdict the magistrate or his order dismissing the case, the case cannot be demanded from a Justice of the peace.
Pass the deadline for lodging the complaint or protest entails leaving them without consideration.
Article 483. Order of restoration appeal or contest the sentence the magistrate or his order dismissing the case in case of missing a deadline to appeal or challenge the verdict the magistrate or his order dismissing the case for a good reason, a person who is entitled to file a complaint or bring protest, may apply to the Justice of the verdict or ruling handed down the ruling on the restoration of the missed deadline. The specified application is dealt with in court so a magistrate who heard the case on its merits. The magistrate has the right to call the person who claims the specified application to give explanations.
The magistrate's ruling on refusal of renewal of a missed period for appeal or protest of the sentence or order of dismissal may be appealed or challenged in District Court.
Article 484. Notice on complaints and protests brought about complaints or bringing the protest judge, handed down the verdict or rendered a ruling to dismiss the case, notify the convicted or acquitted, their counsel and legal representatives, private prosecutor and his representative, the victim and his/her representative, as well as civil plaintiff, civil respondent or their representatives, if the complaint or protest to affect their interests. A copy of the complaint or the protest is sent to specified individuals explaining the possibility of submitting to the objections in writing, indicating the duration of their submission.
Objection to a complaint or a protest shall be attached to the case file.
The Parties shall have the right to confirmation of the reason of complaint or protest or objection to the complaint or protest to submit new materials or seek out summons of witnesses and experts.
Article 485. The consequences of a complaint or protest or complaint is sworn in until such time as the protest halted the sentencing magistrate cast.
Upon the expiration of the appeal or challenge the judge, handed down the verdict or rendered a ruling to dismiss the case, direct deal with grievances, protest and objections to them in the appellate court, as shall notify the parties.
Complainant or witnessed the protest, have the right to withdraw them before the meeting of the Court of appeal.
The person who had lodged an objection or oprotestovavshee ruling or decision to dismiss the case, before the meeting of the Court of appeal may amend their complaint or protest or supplement them with new arguments. With this additional complaint or protest may not require of the deterioration of the situation of the convicted person, if such a requirement is not contained in a previously filed complaint or protest brought.

Article 486. Filing a private complaint and offering private protest decisions magistrate magistrate orders may be filed a private complaint or brought a private protest by persons indicated in article 478 of the present code.
Are not subject to appeal and protest made during trial rulings regarding the order of examination of evidence, motions, the participants in the criminal process, the maintenance of order in the courtroom, except for regulations to impose monetary penalties. Objections to the regulations can be summarized in the appeal or challenging the verdict on appeal.
Private complaint or protest to the decision of a magistrate in the District Court are served through the magistrate within seven days from the date of issuance of the decision. Based on the results of their consideration of the verdict on the abandonment of the complaint or the protest without satisfying either abolishing or modifying orders of a magistrate.
In the case of an appeal against or challenge the ruling in the trial ended by Decree sentence, the case is sent to the District Court only on expiry of the appeal. However, if the sentence complained of or brought protest, consideration of private complaint or protest of a judge of the District Court in conjunction with the consideration of the complaint or protest the verdict.
Persons who are not parties in this case, is also entitled to appeal against the ruling of the magistrate, if rendered against them.
Article 487. Subject and scope of the proceedings in the Court of appeal On the appeal complaint and protest the appellate court verifies that establish the actual circumstances of the case and the application of the criminal law, as well as in the consideration and resolution of cases rules of criminal procedure.
The appellate court examines the legality, validity and fairness of the sentencing magistrate only insofar as the verdict is appealed or protested, and only to those convicted, which relate to a complaint or protest.
If during the trial in the Court of appeal will be set a violation of the rights and legitimate interests of convicts admitted the Justice of the case that led to the ruling unlawful sentence, the appellate court in the manner prescribed by articles 339-342 of this code, shall have the right to cancel or modify the verdict the magistrate also insofar as it was not appealed or protested, and against those convicted for whom no complaint or protest was not.
CHAPTER FORTY-SECOND APPELLATE CASES complaints Article 488. The composition of the Court of appeal case on appeal complaints and protests are dealt with individually by the judge of the District Court on appeal.
Article 489. The start of proceedings in the Court of appeal consideration of the case in the Court of appeal must be initiated not later than fourteen days from the date of receipt of the appeal complaint or protest, but not before the expiration of the appeal of a magistrate or his order dismissing the case. The deadline for cause may be extended by order of a judge of the District Court, which will hear the case, but not more than ten days.
Article 490. Appointment of appellate court upon receipt of the case with the appellate complaint or protest, the President of the District Court or his Deputy takes it to the manufacture or passes one of the judges of the District Court for review and consideration.
Having examined the incoming case, judge of the District Court shall order the appointment of a court session, in which the following issues need to be resolved: 1) the time and place of the court session;
2) about calling in the hearing of witnesses, experts and other persons, if necessary;
3) on conservation, on election, cancel or change a measure of restraint against the defendant;
4) on the hearing of the case in a closed hearing in the cases referred to in article 18 of this code.
Article 491. Procedure in the Court of appeal proceedings in the Court of appeal is conducted according to the rules of proceedings in the Court of first instance as well as in accordance with the provisions of chapter forty-two of the present code.
The time and place of the court session informed parties. Failure of persons not subsequently complaints against the judgement of the Court of first instance did not preclude consideration of the case and make a decision.
Be sure to participate in the court hearing: 1) Prosecutor, except for the consideration of cases of private prosecution, unless they were filed by the Prosecutor in accordance with article 468 of the present code;
2) the private prosecutor, the complainant in a case of private prosecution;
3) a defendant who has filed a complaint against or on behalf of which the complaint counsel or legal representative or in respect of whom brought protest Attorney General not in its favour;
4) defender in cases referred to in article 49 of this code.

The trial schedule and measures taken against violators of the order in a court session shall be established in accordance with articles 262 and 263 of this code.
The Court of Appeal hears cases in open court, except in the cases referred to in article 18 of this code.
Article 492. A judicial investigation Court of appeal Judicial investigation begins with the presentation of content by the judge sentencing magistrate or his order dismissing the case as well as the merits of the appeal complaint or protest and objection to them, and then heard the speeches of the parties that had filed a complaint or protest, which brought in support of arguments listed in complaint or protest and objection of opposing party, not oprotestovavshej or not specified which challenged the verdict or judgment.
Having listened to the speeches of the parties, the Court of appeal establishes the order of examination of evidence taking into account the views of parties and starts scanning the evidence by questioning summoned the defendant, witnesses, victims, the private prosecutor, as well as to the disclosure of the documents at the request of the parties, protocols and other documents. During the trial the Court has the right to check the evidence, as well as disclose the materials of the case as at the request of the parties, and on its own initiative.
Witnesses, cross-examined a magistrate, were interrogated in the Court of appeal if their call on request of the parties, the Court of Appeal recognized the need. The appellate court may call these witnesses and on their own initiative.
The Parties shall have the right to submit a petition to call new witnesses, examination, about the discovery of evidence and documents in the study that they were denied a Justice of the peace. Permission asserted motions is carried out in accordance with article 223 of the criminal code. While the appellate court is not entitled to reject the petitions claimed on the grounds that they were not satisfied the Justice of the peace.
Article 493. Judicial debate. The last word of the defendant after the conclusion of the evidence the presiding polls part of their petitions a judicial investigation for this add-on. Allowing these motions, the Court of appeal goes to the judicial debate.
Debate parties are conducted in the manner prescribed by chapter twenty-fourth of the present code. The first complainant acts or witnessed the protest.
At the end of the deliberations, the judge gives defendant last word, after which the appellate court removed for decision.
Article 494. Decisions taken by the Court of appeal the Court of appeal in the case takes one of the following decisions: 1) abandonment of sentencing magistrate or his order dismissing the case without changing the appellate complaint or the protest without satisfaction;
2) for rescission of conviction of the Justice of the peace, the acquittal of the defendant or on termination of case;
3) for rescission of conviction of the Justice of the peace, and on the decision of the new sentence;
4) to abolish the acquittal of a magistrate and of conviction;
5) to change the sentencing magistrate.
Article 495. Sentence or ruling by the appellate court verdicts as a result of a complaint or protest the appellate court decides a new sentence, replacing completely or partially the verdict the magistrate, or decide on the recognition of the sentence right and justice arguments unfounded complaint or the protest.
The appellate court decides the sentence in accordance with the General rules laid down by the head of the twenty-fifth of this code, taking into account the requirements of part 3 of this article.
The judgement of the Court of appeal must also be indicated, the basis for the lifting of the sentence wholly or partly of a magistrate or to change it.
Judgement of the Court of appeal shall be made in the manner prescribed by articles 261 and 312 of this code, taking into account the requirements of part 5 of this article.
In the judgement of the Court of appeal must also be indicated on what grounds the verdict the magistrate recognized the right, and the arguments of the complaint or the protest are unfounded.
In support of its decision, the appellate court is entitled to refer to the meeting announced the appellate court the testimony of persons not called at trial appellate courts, but magistrate interviewed. If these statements are disputed by the parties, those who have them, are to be questioned in court.
Sentence and ruling of Court of appellate instance shall be effected in the manner prescribed by article 318 of this code.
Article 496. Grounds to repeal or amend the sentencing magistrate Grounds to repeal or amend the sentence a Justice of the peace and order of a new sentence or sentencing orders are:

1) inconsistency of conclusions of a magistrate described the sentence, factual circumstances of the case considered by the appellate court;
2) incorrect application of the criminal law;
3) material breach of the law on criminal procedure;
4) inconsistency assigned sentence the seriousness of the offence and the personality of the defendant.
Article 497. Inconsistency of conclusions of a magistrate described the sentence, factual circumstances of the case considered by the Court of appeal the Court of appeal, having found that the findings of the magistrate described the sentence does not correspond to the actual circumstances of the case, cancels the verdict completely or partially and decides a new sentence.
The appellate court in assessing them studied evidence in court has the right to recognize the proven factual circumstances of the case that were not installed by the verdict of the magistrate or were not taken into consideration.
Article 498. Incorrect application of the criminal law misuse of criminal law recognized violations set forth in article 346 of the criminal code.
As a result of the review of the case by recognizing the legal assessment of the Act incorrect, the appellate court may mitigate the punishment, and justice of the peace appointed to apply the law on lesser charges.
The appellate court is entitled to according to the results of consideration of matters within the scope of the accusation apply law on more grave crime only when this base was brought protest by the Prosecutor or victim complained, the private prosecutor, or their legal representatives.
Article 499. A significant breach of the law on criminal procedure, significant violations of the criminal procedure law recognized violations set forth in article 345 of the criminal code.
Having found that the magistrate in the case of a violation referred to in paragraph 1 of part two of article 345 of this code, the Court of appeal reverses the sentence and decide to close the case.
If a magistrate was allowed a significant breach of the law on criminal procedure, the appellate court conducts a trial, while taking measures to address the infraction, then cancels the sentence of Justice and taking into account the results of the examination of the case decides a new sentence.
Article 500. Mismatch assigned sentence the seriousness of the offence and the personality of the defendant, Recognizing sentence unfair because of its severity, not corresponding to the seriousness of the offence and the personality of the defendant, the appellate court softens the punishment, in accordance with the General principles of sentencing, provided for by the Criminal Code of the Russian Federation.
The appellate court may appoint a defendant more severe punishment than was determined by the verdict of the magistrate only when on the base was brought protest by the Prosecutor or victim complained, the private prosecutor, or their legal representatives.
Article 501. Cancel or change an acquittal verdict of acquittal may be cancelled with the appellate court in a conviction only if the Prosecutor was brought protest or private prosecutor, the victims or their legal representatives complained the unfounded acquittal of the defendant.
Acquittal can be changed on the complaint justified, his counsel or legal representative in part of the motives and grounds for the acquittal.
Article 502. The court records of the Court of appeal in chambers by the Registrar of the Court of appeal the trial protocol is conducted in accordance with the rules provided for in article 264 of this code. The Protocol, the parties may bring the comments, which are dealt with by the presiding officer in the manner prescribed by articles 265 and 266 of this code.
Article 503. Appeal and protest of sentences and rulings of the appellate court verdicts and decisions of the Court of appeal may be appealed and challenged by a higher court in cassation proceedings in accordance with rules established by the head of the twenty-seventh of this code. ".
Article 2. Prior to the appointment (election) justices of the case within the jurisdiction of justices of the peace are dealt with by the district courts.
Article 3. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow August 7, 2000 N 119-FZ