On Amendments And Additions To Some Legislative Acts Of The Russian Federation In Connection With The Ratification Of The Convention For The Protection Of Human Rights And Fundamental Freedoms

Original Language Title: О внесении изменений и дополнений в некоторые законодательные акты Российской Федерации в связи с ратификацией Конвенции о защите прав человека и основных свобод

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to some legislative acts of the Russian Federation in connection with the ratification of the Convention for the protection of human rights and fundamental freedoms adopted by the State Duma on February 21, 2001 year (as amended by federal law from out N 196-FZ), Article 1. Amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954) as follows: 1. Part two of the article 102 supplement new proposals the second and third reading: "Examination of such persons is carried out on the initiative of the physician, if the treatment he concluded about the need to change forced medical measures or the termination of its use, as well as on the request of the person , his legal representative and (or) a close relative. Application is filed through the administration of the institutions carrying out compulsory treatment, regardless of the time of the last inspection. ".
2. Article 139 supplement the note as follows: "Note. Under the housing in this article, as well as in other articles of this code refers to an individual dwelling house with its residential and commercial property, residential property regardless of ownership included in housing and suitable for permanent or temporary residence, and any other premises or building are not included in the Housing Fund, but earmarked for temporary living. ".
Article 2. To amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1966, no. 36, art. 1018; 1970, N 22, art. 442; 1972, N 26, art. 663; 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; Collection of laws of the Russian Federation, 1996, no. 25, art. 2964; N 52, art. 5881) the following amendments and supplements: 1. the first part of article 47 shall be amended as follows: "the Defender is allowed to participate in the case from the moment of the accusation and, in the case of detention of a person suspected of committing an offence, or the remand in pre-trial detention until the indictment, or assignment in respect of the person of a forensic psychiatric examination since his detention or of actual ads to him ruling on the appointment of a forensic psychiatric examination. If the person suspected of committing an offence, applied other measures of compulsion or his rights and liberties affected by activities associated with his criminal prosecution, defence counsel to participate in the case from the beginning of the implementation of these measures or actions. "
2. In the first part of article 52: to complement the new paragraph 1 as follows: "1) a person in respect of whom on the bases and pursuant to the procedure established by this code, criminal case";
paragraphs 1 and 2 take 2 and 3 points respectively.
3. Article 86 shall be amended with paragraph 6 to read as follows: "6) phonogram and paper carrier with a record of telephone and other conversations remain in the during the whole period of storage, when the phonogram or its part, irrelevant, after entry of judgment res judicata destroyed or transferred to the authority carrying out the monitoring and recording of negotiations, with the destruction of records on magnetic media , what is the proper protocol, which is attached to the case. ".
4. Supplement article 174-1 as follows: "article 174-1. Monitoring and recording of negotiations on criminal cases of serious and particularly serious crimes by judicial decision allowed monitoring and recording of telephone and other conversations of suspects, accused persons and other persons who may have information about a crime or other information relevant to criminal proceedings.
If there is a real threat against the victim, the witnesses, plaintiffs or close relatives, and in exceptional cases other persons violence, dangerous to life and health, as well as the Commission of other criminal acts in order to change these persons of his testimony, on the written application of the above-mentioned persons or, in the absence of such applications, in accordance with a request of the investigator and the Court decision may monitor and record telephone and other conversations.
If necessary, monitoring and recording of telephone and other conversations, the investigator shall make a reasoned decision on the institution before the court petition, which contained the essence of the criminal case, grounds for implementation of investigative actions, surname, name and patronymic of the person in respect of the negotiations which will monitor and record the duration of such monitoring and recording, the name of the body entrusted with the technical implementation of the monitoring and recording of telephone and other conversations.
A reasoned decision of the investigator is sent to the Court at the place of production of the preliminary investigation or the investigation, as shall be notified to the Prosecutor.

The investigator's reasoned decision subject to review by a judge within six hours from the moment of receipt of the decision in court. In order to verify the sufficiency of reasons for monitoring and recording of telephone and other conversations, the judge is entitled to obtain from the investigator needed clarifications and materials. Following the examination, the judge shall rule on the implementation of the monitoring and recording of telephone and other conversations or refuse to implement them with an indication in the latter case, the motives of the decision.
The judge's ruling on the implementation of the monitoring and recording of telephone and other conversations is sent an investigator to the appropriate authority for execution.
Monitoring and recording of telephone and other conversations can be established for a period of not more than six months. The implementation of such monitoring and recording is terminated by decision of the investigator in the case, if they are no longer used, but no later than the end of the investigation in the criminal case.
The investigator during the whole period of monitoring and recording of telephone and other conversations at any time has the right to recover from the authority, conducting monitoring and entry negotiations, phonogram for its inspection and listening. It is passed to an investigating judge under seal with a covering letter indicating the start and end time of recording telephone and other conversations and brief characteristics of the used means.
On the results of the inspection and listening to phonogram investigator with participation of witnesses and, if necessary, specialist, as well as individuals, phone and other negotiations which recorded a Protocol, which should be described textually as far as possible the part of phonograms which, in the opinion of the investigator, is relevant to the criminal case. Persons involved in inspection and listening to phonograms, have the right to the same or a separate protocol to provide comments to the Protocol.
Phonogram in full shall be included in the criminal case on the basis of the decision of the investigator as material evidence and filed under seal in circumstances precluding the ability to listen and duplicating phonograms outsiders and ensuring its safety and technical suitability for repeated listening, including in court. ".
5. Article 185 supplement part 4 to read as follows: "in the case stipulated by paragraph four of article 184 of the present Code, the rights of a suspect or accused person referred to in paragraph 1 of this article, provided his counsel."
6. Article 193 supplement part 3 as follows: "in the case stipulated by paragraph four of article 184 of the present Code, the rights of a suspect or accused person specified in part one of this article, except for the right to give their explanations are offered his counsel."
7. Article 291 supplement part 3 as follows: "Inspection and listening to the sound track with a record of negotiations produced the Court in compliance with the rules laid down in the first paragraph of this article and, if necessary, with the participation of a specialist.
8. Article 295 part one, after the words "consist of speeches of prosecutors, as well as the" complement the word "victim";
Part II shall be amended as follows: "in the case of unification in one proceeding counter-accusation offences referred to in articles 115, 116, part one of article 129 and article 130 of the Criminal Code of the Russian Federation, the order of precedence in the judicial debate is determined by the Court."
9. The second part of article 405 worded as follows: "the Defender is allowed to participate in the case since the appointment of the persons in a forensic psychiatric examination".
Article 3. To amend Part II, article 91 of the Penal Enforcement Code of the Russian Federation (collection of laws of the Russian Federation, 1997, N 2, p. 198), describing it as follows: "2. The received and sent prisoners correspondence censored by the administration of the correctional institution. Correspondence of a convicted person with the Court, the Prosecutor's Office, the parent body of the penal system, as well as with the human rights Ombudsman in the Russian Federation shall not be subject to censorship. Correspondence of a convicted person with the Attorney or other person rendering legal assistance on legal grounds, is not subject to censorship, except where the administration of the correctional institution has reliable data on that penpal information aimed at initiating, planning or organizing a crime or involvement in its perpetration of others. In these cases, the control of mail, Telegraph and other messages is carried out via a substantiated ruling by the head of a correctional institution or his Deputy ".
Article 4. (Repealed from July 1, 2002 year-federal law out N 196-FZ), Article 5. To amend the Federal law dated August 12, 1995 N 144-FZ "on operational investigative activities" (collection of laws of the Russian Federation, 1995, no. 33, p. 3349; 1999, N 2, p. 233), the following changes and additions:

1. Part of the seventh article 5 supplemented by a new proposal by the second to read: "Phonograms and other materials obtained through interception of telephone and other conversations persons against whom criminal proceedings had been instituted, will be destroyed within six months after the audition, what is the proper protocol.".
2. In article 8: add new fourth and fifth installments as follows: "listening to telephone and other conversations are permitted only in respect of persons suspected or accused of committing a serious or particularly serious offences, as well as persons who may have information about these crimes. Phonogram, obtained by interception of telephone and other conversations are stored under seal under conditions excluding the possibility of their listening and replication by outsiders.
In the case of criminal proceedings against a person, phone and other negotiations which tapped in accordance with this federal law, phonogram and paper storage negotiations passed the investigator to inclusion in a criminal case as evidence. Further use is determined by the criminal procedure legislation of the Russian Federation. ";
part fourth-eighth count respectively parts of the sixth to tenth.
Article 6. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow, N 26 March 20, 2001-FZ