On Introducing Changes And Additions Into The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Уголовно-процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On introducing modifications and additions to the Code of Criminal Procedure Code of the Russian Federation 2003 Approved by the Federation Council on 26 June 2003 (In the federal laws dated 05.06.2007 N 87-FZ; of 02.12.2008 N 226-FZ; dated 29.12.2010 N 433-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; N 30, est. 3015, 3020, 3029; N 44, sect. 4298) the following changes and additions: 1. In article 5: paragraph 7, after the word "competent", should be supplemented by the words "or authorized by the head of the body of inquiry"; to supplement paragraph 11 to 1 with the following: " 11-1) conclusion of the court-finding of existence or both The absence of a person to whom a special procedure for criminal proceedings is applicable is not in force; "; paragraph 12 is supplemented by the words", tutorship and guardianship authorities, "; to supplement paragraph 14-1 , to read: " 14-1) Telephone and other controls Talks-eavesdropping and recording of negotiations by means of any means of communication, examination and listening to the phonograms; "; paragraph 17 restate: " 17) the chief of the inquest body is an official The body of inquiry, including the deputy chief of the body of inquiry, authorized to give instructions for the production of initial inquiries and urgent investigative actions, to exercise other powers provided for in this Code; "; paragraph 31 (...) (...) OF THE PRESIDENT OF THE RUSSIAN FEDERATION to supplement paragraph 36-1 as follows: " 36-1) results of operational-search activities-information received under the federal law on investigation activities on the signs of preparation, committed or committed who commit or have committed a crime and are hidden from the bodies of inquiry, investigation or court; ". 2. In article 13, paragraph 2, the words ", except as provided for in article 165, paragraph 5, of the present Code" shall be deleted. 3. Part three of article 20, after the words "131 part one," should be supplemented with the words "132 part one,". 4. Article 24 should be supplemented by Part Four, as follows: " 4. The criminal case shall be terminated if the criminal proceedings against all suspects or accused are terminated, except as provided for in paragraph 1 of part one of article 27 of this Code. ". 5. In article 29, paragraph 2: paragraph 8 should read as follows: "8) on the attachment of correspondence, authorization for inspection and seizure in communications facilities;"; , paragraph 10, after the word "suspensions" to supplement The words "suspect or". 6. In article 31: part one of the first word "280 part one, 284 part one," and the words "320 part one," delete; in Part Three: in paragraph 2 of the word "Code." should be replaced with "Code;"; ; Paragraph 3, reading: "3) criminal cases containing information constituting a State secret." 7. Part three of article 35 should read: " 3. The question of the modification of the territorial jurisdiction of a criminal case on the grounds referred to in the first part of this article shall be settled by the presiding judge of a higher court or his substitute in the manner prescribed by parts of the third, fourth and sixth articles. 125 of this Code. ". 8. In article 37, paragraph 2: paragraph 3 should read as follows: " (3) to participate in the preliminary investigation and, where necessary, provide written instructions on the direction of the investigation, the proceedings of investigative and other procedural actions, or to personally produce separate investigative and other procedural actions; "; , paragraphs 8 and 9, as follows: " 8) to seize any criminal case from the body conducting the initial inquiry and transfer to an investigator, transfer a criminal case from one investigator of the prosecutor's office the other, with the mandatory indication of the reasons for such transfer; 9) to transfer the criminal case from one preliminary investigation authority to another, in accordance with the rules set out in article 151 of the present Code, to seize any one A criminal case in front of the preliminary investigation authority and referral to the investigator of the Prosecutor's Office with the mandatory indication of the reasons for such transfer; ". 9. Part Three of Article 38 should read: " 3. In case of disagreement with the acts (omissions) and decisions of the procurator, the investigator is entitled to submit a criminal case to a higher prosecutor with a written statement of his objections. Their appeal to the prosecutor does not suspend their application, except in cases of disagreement with the following decisions or instructions of the prosecutor: (1) on the involvement of a person as an accused person; 2) on the qualification of the offence; (3) the volume of the charge; (4) the election of a measure of restraint, or the removal or alteration of the preventive measure chosen by the investigator against the suspect or the accused; 5) before the court for the purpose of electing the measure of restraint or for the production of Proceedings under paragraphs 2 to 11 of Part Two of Article 29 of this Code; 6) to bring the criminal case to court or its termination; (7) to challenge the investigator or remove him from further conduct "investigation; 8) to transfer the criminal case to another investigator.". 10. In article 39, paragraph 1, paragraph 1, should be supplemented with the words ", as well as the seizure of the criminal case by the investigator and to refer it to the other investigator with a mandatory indication of the reasons for such transfer, to establish an investigation team, to change its composition"; Part Two after the word "has the right" to supplement the words "to institute criminal proceedings in the manner prescribed by this Code,"; , in the third word "Part I of this article", replace by the words "this article"; part four after the word "concerns" to be supplemented with the words " Criminal case and transfer to another investigator, ". 11. Part one of article 41 should be supplemented with the words "or by his substitute". 12. Part two of article 44 should read: " 2. A civil action may be brought after the initiation of a criminal case and before the end of the judicial investigation in the criminal case before the court of first instance. When a civil action is brought, the civil claimant is exempt from State duty. ". 13. In article 46: , the second paragraph should read: " 2. A suspect detained in accordance with article 91 of this Code must be questioned within 24 hours of the date of actual detention. "; paragraph 2 of Part Four should read: " (2) To give explanations and statements about his suspicions or to refuse to give explanations and testimony. With the consent of the suspect, he shall be warned that his testimony may be used as evidence in a criminal case, including his subsequent renunciation of these statements, except in the case of Paragraph 1 of article 75, paragraph 1, of this Code; ". 14. In article 47, paragraph 4: paragraph 3 should read: " 3) to object to the prosecution, to testify on the charge against him or to refuse to testify. Subject to the consent of the accused, he shall be warned that his testimony may be used as evidence in a criminal case, including his subsequent renunciation of these statements, except in the case of Paragraph 1 of article 75, paragraph 1, of this Code; "; , in paragraph 16, the words" Part Two "shall be replaced by the words" paragraphs 1 to 3 and 10 of Part Two ". 15. In article 50, third paragraph, the words "investigation" in the respective "proceedings" should be replaced by the words "proceedings" in the appropriate paedages. 16. Article 52, paragraph 2, should read: " 2. Refusal of defence counsel is not compulsory for the person conducting the initial inquiry, the investigator, the procurator. ". 17. Article 53: add a new part of the second reading: " 2. The Protector participating in the investigation shall be entitled, in the context of legal assistance to his client, to instruct him, in the presence of the investigator, to provide him with brief consultations, to ask questions to the interrogator, with the permission of the investigator, to do so Written comments on the correctness and completeness of the records in the investigation report. The investigator may withdraw questions from the defence lawyer, but he is obliged to place the questions in the record. "; Part Two is considered part three. 18. Paragraph 2 of part three of article 56 should read: "(2) counsel, defence counsel for the suspect or accused person-the circumstances that have become known to him for legal assistance or in connection with its provision;" 19. In article 57: , paragraph 6 of Part Three, add the following sentence: "Refusal to give an opinion shall be declared by the expert in writing stating the reasons for refusal."; Part Four: Paragraph 5 of the word "Code." should be replaced by the word "Code;"; add the following paragraph 6 to read: "6) to evade the summons of the person conducting the initial inquiry, the investigator, the procurator or the court." 20. Part 4 of article 58, after the words "shall not", should be supplemented by the words "evade the summons of the person conducting the inquiry, the investigator, the procurator or the court, and also". 21. In the fourth article 59: , in paragraph 2, the word "Code" should be replaced by the word "Code;"; add the following paragraph 3: "3) to evade the summons of the person conducting the initial inquiry, the investigator, the procurator or the court." 22. Part Four of Article 60 after the words "shall not be entitled" to add the words "to avoid the summons of the person conducting the initial inquiry, the investigator, the procurator or the court, and also". 23. Part two of Article 74 to supplement paragraph 3-1 as follows: "3-1) expert opinion and testimony;". 24. In article 80: Amend the title to read: " Article 80. Expert and expert testimony "; to supplement third and fourth parts as follows: " 3. The opinion of the expert is a written judgement on the questions posed to the expert by the parties. 4. The expert's testimony is the information given to them in the examination of circumstances requiring special knowledge, as well as an explanation of their opinion in accordance with the requirements of Articles 53, 168 and 271 of this Code. ". 25. In article 81: part one to supplement paragraph 2-1 with the following content: "2-1) property, money and other values derived from criminal acts;"; part three, paragraph 4 The following wording states: " 4) property, money and other values derived from criminal acts, or acquired by criminal means, shall be returned to the lawful owner or to the State' s income as a result of a court sentence OF THE PRESIDENT OF THE RUSSIAN FEDERATION 26. Part Two of Article 82 to supplement paragraph 3-1 of the following content: " 3-1) property derived from criminal acts or acquired by criminal means found in the proceedings shall be arrested in The procedure established by article 115 of this Code. A record of the property in custody is attached to the criminal case; ". 27. Part one of article 91, after the word "body of inquiry", should be supplemented by the word "initial inquiry". 28. In paragraph 4 of article 92, the third sentence should read: " Where the need for procedural actions involving a suspect is required, the duration of the visit may be limited to the person conducting the initial inquiry, The investigator, the prosecutor, with the mandatory prior notification of the suspect and his defence counsel. ". 29. In article 94: , in the second word, "the court did not postpone the final decision" to replace the words "the court did not extend the period of detention"; , in part three, the term "detention term" should be replaced with the words "the period of detention". 30. In article 108: , paragraph 3 of the seventh paragraph, read: " (3) to extend the period of detention. Extension of the period of detention is permitted, provided that the detention is recognized as lawful and justified for a period of not more than 72 hours from the date of the judgement upon application by one of the parties to provide additional evidence The validity or non-substantiation of the election of a preventive measure in the form of remand in custody. The order to extend the period of detention shall specify the date and time until which the period of custody is extended. "; to be supplemented with the fourteenth reading: " 14. The accused in custody shall be subject to the requirements of article 95 of the present Code. ". In article 109: , in Part 7, replace "7 days" with "7 days"; first part of the eighth sentence should be supplemented with a new first sentence reading: " The application for an extension of the period of detention must be is presented to the court no later than 7 days prior to its expiration. "; to supplement the new part of the eleventh content: " 11. After the expiry of the period of detention in the cases provided for in paragraph 4 of part 10 of this article and, where necessary, to make a preliminary investigation, the court shall have the right to extend the period of remand in custody, set by this article, but not more than 6 months. "; part eleven is considered part of the twelfth; to be supplemented with parts thirteenth and fourteenth: " 13. The Court's review of an application for an extension of the detention of an accused person is not permitted, except in the case of a stationary forensic psychiatric examination and other circumstances precluing the possibility of detention. The possibility of his being brought before a court, which must be confirmed by the relevant documents. At the same time, the participation of the defence counsel of the accused in the court proceedings is compulsory. 14. In the case provided for in part 13 of this article, the judge shall rule on the consideration of the extension of the period of detention in the absence of the accused, indicating the reasons why the presence of the accused is not possible. " 32. Part Four of article 110 shall be declared invalid. 33. In article 111, second paragraph, the words "and other participants in criminal proceedings" shall be replaced by the words ", civil claimant, civil respondent, expert, specialist, interpreter and (or) understood". 34. Part 5 of article 113 is supplemented by the words "except in cases of delay". 35. In article 114: , in the case of an officer as an accused person and, if necessary, to be removed from office by the words " If necessary, the suspension shall be suspended of a suspect or accused "; part two-fourth and sixth before the word" accused "," accused "supplemented by" suspect or "," suspect or ", respectively. 36. In article 115: , in part one, the words "or possible confiscation of property" should be deleted, after the word "arrest", in addition to the words "derived from criminal acts or criminal"; in the following edition: " 4. The arrest cannot be imposed on property which, in accordance with the Civil Procedure Code of the Russian Federation, cannot be punished. "; Part 5 is supplemented with a new first sentence to read as follows: "The seizure of property is carried out in the presence of witnesses.". 37. Part one of article 116, after the words "confiscation of property", should be supplemented by the words "derived from criminal acts or acquired by criminal means". 38. Part one of article 125, after the words "appealed in", should be supplemented by the word "district". 39. In the first part of article 129, the words "or declared" should be deleted. 40. In part two, paragraph 2, of article 133, the words "or private" should be deleted. 41. In article 144: Part One is supplemented with the following sentence: " When examining a crime report, the body conducting the initial inquiry, the person conducting the initial inquiry, the investigator and the procurator are entitled to call for the production of documentary audits, audits and to their participation by specialists. "; part three is supplemented by the words", and, if necessary, the procurator is entitled, at the request of the investigator or investigator, to extend the period up to 30 days. 42. Part I of article 146, after the word "Code," should be supplemented with the words "body of inquiry,". 43. Part I of article 148, after the word "investigator", add ", body of inquiry". 44. In article 151: , paragraph 1, subparagraph (1), of the second phrase "of the customs authorities of the Russian Federation, the armed forces", replace the words "Customs authorities of the Russian Federation, military personnel and"; , to read: " 8. Disputes about the jurisdiction of a criminal case are resolved by the prosecutor. " 45. In the first part of article 154: , paragraph 1, after the word "separate", should be supplemented with the words "suspects or", the figures "2-4" replaced by "1-4"; , paragraph 2, after the word "minor", insert the words "of the suspect or". 46. In Article 155: Replace "1" with ". In the case of "; , add a second reading: " 2. Materials containing information about the new crime and the individual criminal proceedings are admitted as evidence in this criminal case. "............................................... Part one of article 156, after the words "the investigator, the person conducting the initial inquiry", should be supplemented by the words ", the body of inquiry". 48. Supplement article 158-1 as follows: " Article 158-1. Recover criminal cases 1. The restoration of the lost criminal case or its materials is made by order of the prosecutor, and in the event of the loss of a criminal case or materials in the course of judicial proceedings-by a court decision to be sent to the prosecutor for execution. 2. The reconstruction of a criminal case is carried out on the basis of the files of the criminal case, which may be recognized as evidence in accordance with the procedure established by this Code and by conducting legal proceedings. 3. The duration of the initial inquiry, pretrial investigation and remand in custody in the reconstruction of a criminal case shall be calculated in accordance with articles 109, 162 and 223 of this Code. 4. If the maximum period of detention has expired in the lost criminal case, the accused shall be released immediately. ". 49. Part 8 of article 162, after the words "his counsel", should be supplemented with the words ", as well as the victim and his representative". 50. In article 163, paragraph 2, the first sentence should read as follows: "The decision to make a preliminary investigation by the investigation team, to change its composition shall be made by the prosecutor or the chief of the investigation department.", in the second sentence The word "prosecutor" should be deleted. 51. Part I of article 170, after the words "provided by articles", should be supplemented with "115,", the figures "183" should be replaced by "184". 52. In paragraph 4 of part two, article 171, the words "with article 73" shall be replaced by the words "with paragraphs 1 to 4 of article 73 (1)". 53. In article 178, first part, the words "at the place of its detection" should be deleted. 54. In article 189: , in the first word "Part Four", replace by "Part 5"; Part 5 of the fifth word, but is not entitled to question the witness and comment on its responses "to be replaced by the words" The rights provided for in article 53, paragraph 2, of this Code. " Article 192 should be supplemented with a sixth of the following content: " 6. If the witness has been present at the time of his or her legal aid, the lawyer is involved in the confrontation and enjoys the rights provided for in article 53, paragraph 2, of this Code. ".". 56. Part five of article 208, after the words "in the absence of", add the words "suspect or". 57. In article 209: Part one before the word "accused" should be supplemented with the word "suspect"; paragraphs 1 and 2 of Part Two before the word "accused" should be supplemented with the words "suspect or". 58. In article 210: , after the word "wanted", add the word "suspect"; part one after the word "location" to supplement the word "suspect"; Part Two after the word "Rosysk" to supplement the word "suspect,"; to add a new part three to the following: " 3. If the accused is found, he may be detained in accordance with the procedure set out in chapter 12 of this Code. "; 59. In article 211: paragraph 2 of Part One after the words "without participation" is supplemented by the word "suspect"; part three, after the word "shall" be supplemented by the word "suspect". 60. Part three of article 214 should read as follows: " 3. The resumption of proceedings in accordance with articles 413 and 414 of the present Code in the case of a previously terminated criminal case is possible if the statute of limitations for criminal liability has not expired. ". 61. In article 217: Part one to supplement the new third sentence with the following sentence: "If it is not possible to produce physical evidence, the investigator shall issue an order."; part three, set out in , to read: " 3. The accused and his or her defence counsel may not be restricted in the time they need to familiarize themselves with the materials of the criminal case. If the accused and his or her counsel are manifestly delaying the time of examination of the case file, the court decision shall be made on the basis of the decision taken in accordance with article 125 of this Code. A certain period of time to familiarize with the materials of the criminal case. In the event that the accused and his or her defence counsel have not familiarized themselves with the criminal case file within the period set by the court, the investigator has the right to decide on the completion of the proceedings, which is the case a corresponding ruling and makes the record of the trial transcript of the accused and his defence lawyer. "; Part five to supplement paragraph 1 to 1 reading: " 1-1) on the consideration of a criminal case by a panel of three judges of the Federal Court of General Jurisdiction, in cases where Paragraph 3 of article 30, paragraph 3, of this Code; ". 62. Article 222 should read as follows: " Article 222. The direction of the criminal case to court 1. Upon confirmation of the indictment, the prosecutor shall file a criminal case with the court, which shall notify the accused, his counsel, the victim, the civil plaintiff, the civil defendant and (or) representatives, and explains to them the right to file a petition the holding of a preliminary hearing in accordance with the procedure set out in chapter 15 of this Code. 2. A copy of the indictment with the annexes shall be given by the prosecutor to the accused. A copy of the indictment shall also be served to the defence counsel and to the victim if they so request. 3. If the accused is kept in custody, a copy of the indictment with the annexes shall be given to him on the instructions of the prosecutor by the administration of the place of detention under receipt, which shall be submitted to the court with a date and time. delivery. 4. If the accused refused to obtain a copy of the indictment, either failed to appear on the summons or failed to obtain a copy of the indictment, the prosecutor would refer the criminal case to the court, indicating the reasons why the copy The indictment was not presented to the accused. ". 63. In third article 223, the words "15 days" shall be replaced by the words "20 days". 64. In article 226: paragraph 2 of Part One, as follows: " (2) on the return of a criminal case for the production of additional inquest or re-counting of the indictment if it does not meet the requirements Article 225 of this Code, with its written instructions. At the same time, the prosecutor may extend the duration of the inquiry, but not more than 10 days for additional inquiries and no more than 3 days for the re-release of the indictment; "; part three, amend to read: " 3. A copy of the indictment with the annexes shall be served to the accused, his counsel and the victim in the manner prescribed by article 222 of this Code. ". 65. In article 229: paragraph 4 of part two is considered void; , in part three, replace "7 days" with "3 days". 66. Article 231 should be supplemented by a fifth reading: " 5. After the appointment of a court hearing, the defendant is not entitled to file motions: 1) to hear a criminal case by a jury; (2) to hold a preliminary hearing. ". 67. Article 236 should be supplemented with the seventh reading: " 7. A court decision based on the outcome of the preliminary hearing is not subject to appeal, except for the decisions to discontinue the criminal case and (or) the appointment of a court session in order to resolve the question of the measure of restraint. ". 68. In article 237, paragraph 1: , paragraph 2, should be supplemented with the words " unless the court recognizes a lawful and reasonable decision by the prosecutor in the manner prescribed by article 222, paragraph 4, or article 226, paragraph 3, of article 226, paragraph 2 of this Code "; , in paragraph 3, the word" character ". be replaced by the word "characteristic;"; to supplement paragraphs 4 and 5 of the following content: " 4) are provided for in article 153 of this Code of the Criminal Code; 5) when the accused is acquainted with In the case of the criminal case, he was not informed of the rights provided for in article 217 of this Code. "; (Paragraphs 7 to 9 of paragraph 68 of the seventh paragraph) href=" ?docbody= &prevDoc= 102082588&backlink=1 & &nd=102125926 "target="contents" title= " "> 02.12.2008 N 226-FZ) 69. Part 7 of article 259 should read: " 7. The application for a hearing of the trial transcript is submitted by the parties in writing within 3 days from the day of the end of the hearing. The time limit may be reinstated if the application is not submitted for valid reasons. The application is not to be granted if the criminal case is already referred to the court of cassation or at the expiration of the period granted for the appeal in cassation. The Chairperson shall ensure that the parties are given the opportunity to become acquainted with the record of the hearing within 3 days from the date of receipt of the application. The Chairperson shall be entitled to make the record of the proceedings available to the participants in the proceedings on their request and in the part relating to their testimony. If the trial transcript is made by objective circumstances after 3 days from the day of the end of the hearing, the applicants must be notified of the date of the signing of the protocol, and of the time when they are able to read it. The minutes of the trial transcript shall be read by the presiding officer, depending on the scope of the protocol, but may not be less than 5 days from the beginning of the examination. In exceptional cases, the presiding officer of the application may extend the time limit. In the event that a participant manifestly delays the time of examination of the report, the presiding officer may decide to set a time limit for reading it. ". 70. Part one of article 276: In paragraph 2, the word "Code" should be replaced by the word "Code;"; to supplement paragraph 3 with the following: " (3) Refusal to testify, if the requirements of paragraph 3 of Part Four are met Article 47 of this Code. ". 71. In article 281: Part 1 should read: " 1. Disclosure of the testimony of the victim and of a witness, previously in the course of preliminary investigation or trial proceedings, as well as a display of photographic negatives and photographs, dipositives made during interrogations, audio-and (or) video recordings, filming of interrogations is permitted with the consent of the parties in the event of the absence of the victim or witness, except in the cases provided for in paragraph 2 of this article. "; to supplement the new parts of the second and third , to read: " 2. If a victim or a witness does not appear in court, the court may, at the request of the party or on its own initiative, decide to read the testimony of the victim or witness in the case of: 1) the death of the victim or witness; (2) A serious illness that prevents the appearance of a person in court; (3) the failure of a victim or a witness who is a foreign national to appear before the court; 4) natural disaster or other extraordinary circumstances preventing it appearance in court. 3. At the request of the party, the court may decide to read the testimony of the victim or witness, prior to the preliminary investigation or in court, where there is substantial conflict between the testimony and the evidence before the court. the evidence in court. "; part two and third shall be considered as parts four and five, respectively. 72. Article 306 should be supplemented by Part Three, which read: " 3. In the event of an acquittal, judgement or determination of the termination of the criminal proceedings on the grounds referred to in paragraph 1 of article 27, paragraph 1, of the present Code, and in other cases where the person to be prosecuted In the case of an accused person, the court shall decide whether to send a criminal case to the public prosecutor for the preliminary investigation and the identification of the person to be charged. ". 73. In the first article 314, replace the words "five years" with the words "10 years". 74. Article 316, amend to read: " Article 316. Procedures for the trial and judgement 1. The court hearing on the defendant's request for a judgement without trial in connection with the consent of the prosecution shall be conducted in accordance with the procedure laid down in Chapters 35, 36, 38 and 39 of this Code, taking into account requirements of this article. 2. The trial is held with the mandatory participation of the defendant and his defence counsel. 3. The hearing of the defendant's application for a judgement without trial starts with the prosecution of the defendant against the defendant, and the criminal charges of private prosecution are presented Prosecution by a private prosecutor. 4. The judge asks the defendant whether he or she agrees with the prosecution and whether his request for a judgement is supported without trial, whether the request is voluntary and after consultation with the defendant. He will be aware of the consequences of the decision without trial. The judge, with the participation in the court hearing, shall determine the relation to the application of the defendant. 5. The judge shall not conduct a general study and evaluation of the evidence collected in a criminal case. The circumstances of the defendant's identity and circumstances mitigating and aggravating the punishment may be examined. 6. If the defendant, the public or private prosecutor who is the victim of the decision is opposed without trial, or on his own initiative, the judge shall rule on the termination of the special order of the court Proceedings and the appointment of a criminal case in general. 7. If the judge concludes that the prosecution with whom the defendant consons is substantiated by evidence gathered in a criminal case, he/she decides on the conviction and sentence the defendant, who cannot exceed two thirds of the maximum sentence or the maximum penalty prescribed for the offence committed. 8. The sentencing part of the sentence must contain a description of the criminal act with the defendant's consent, as well as the conclusions of the court that the terms of the judgement are not subject to judicial review. The proceedings. The analysis of evidence and the judge's evaluation of the evidence is not reflected in the judgement. 9. After the sentence has been pronounced, the judge shall inform the parties of the right and the procedure for his appeal, as provided for in Chapter 43 of this Code. 10. The procedural costs stipulated in article 131 of this Code are not subject to recovery from the defendant. ". 75. In part three of article 327, the words "jurors" should be replaced by "jurors". 76. In article 328: Part eight is supplemented with the following sentences: " The first shall conduct a survey of candidates to the jury by the defence. If a party is represented by more than one participant, the order of their participation in the survey by the party shall be fixed by agreement between them. "; , in part four of article 326, part four, replace by" part of the "Third article 327". 77. In article 347, paragraph 3, the word "shall" be replaced by the word "shall". 78. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 79. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 80. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 81. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 82. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 83. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 84. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) 85. In Article 396: Part One: " 1. The matters referred to in paragraphs 1, 2, 9, 10, 11, 14, 15, 16, 18 and 20 of article 397 and article 398 of the present Code, are resolved by the court which decided the sentence. "; The matters referred to in paragraphs 3, 4, 5, 6, 12, 13 and 19 of article 397 of this Code shall be settled by a court at the place where the sentence is served by convicted persons or by the place of application of compulsory medical measures. "; , to read: " 5. The issues referred to in article 397, paragraph 21, of this Code are considered by a court to which the jurisdiction of the convicted person relates, taking into account his or her qualifications under the Criminal Code of the Russian Federation and the place of last residence. of the sentenced person in the Russian Federation. "; part five is considered part six. 86. In article 397: , in paragraph 19, the word "Federation." Replace the word "Federation;"; to supplement paragraphs 20 and 21 reading: " (20) on the transfer of a citizen of a foreign State sentenced to deprivation of liberty by a court of the Russian Federation to serve a sentence in The State of which the convicted person is a national; (21) on the recognition, procedure and conditions of enforcement of the sentence of a foreign court sentenced by a national of the Russian Federation to the Russian Federation for sentences. ". 87. In article 399: part one is supplemented with the words "and in the cases stipulated by article 397, paragraphs 20 and 21, of this Code-taking into account the requirements of Articles 469 to 472 of this Code"; Part Two should read as follows: " 2. A representative of the penal institution or the competent authority is called to the court for the execution of the penalty. If the issue concerns the enforcement of a judgement in a civil suit, the civil claimant and the civil respondent may be summoned to the hearing. ". 88. In article 401, replace "Chapter 45" with "chapters 43 and 45". 89. In paragraph 5 of article 407, the words "or the giving of an opinion on the supervisory appeal" shall be deleted. 90. Article 417 should be amended to read: " 4. The judge of the district court shall consider the conclusion of the prosecutor to resume the proceedings in a criminal case in the light of new or newly discovered circumstances, in accordance with the provisions of article 407, paragraph 7, of this Code alone. " 91. In article 440, the words "District Court" should be deleted. 92. Part one of article 443, after the words "criminal responsibility", should be supplemented with the words "or from punishment". 93. In article 448: , first: , paragraph 2, state as follows: " (2) in the case of the Procurator-General of the Russian Federation, the prosecutor, in accordance with the federal law on the prosecutor's office in this regard. The case is entrusted to the Procurator-General of the Russian Federation on the basis of a panel consisting of three judges of the Supreme Court of the Russian Federation, adopted on the basis of a submission by the President of the Russian Federation, on the availability of The actions of the Procurator-General of the Russian Federation crimes; "; paragraph 5 after the word" autonomous district "to be supplemented by the words" military court of the appropriate level "; paragraph 10, after the words" district court ", add the words" or a garrison military court "; Replace the seventh word "paragraph 7" with "paragraph 6". 94. Part 5 of article 450 "shall be made in the manner laid down in article 448, paragraph 1, of the present Code, except for the consent of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation and the Constitutional Court of the Russian Federation". The Federation, the Supreme Qualification Collegium of the Judges of the Russian Federation, the Qualification Collegium of Judges "shall be replaced by the words" shall be made with the consent of the court referred to in article 448, first part of this Code ". 95. In article 461: , in the first word "charged, punished" with "arrested, charged, convicted"; , in paragraph 1 of Part Two, the word "production" shall be replaced by "judicial proceedings". 96. Article 462: add a new part of the fifth and part six: " 5. The decision taken by the Procurator-General of the Russian Federation or his deputy shall notify the person in writing of the decision in writing and explain to him the right to appeal the decision to the court in accordance with article 463 of the present Code. 6. The decision on extradition shall enter into force within 10 days of the notification of the person against whom it is issued. In the case of an appeal against the decision, extradition shall not take place until the court decision becomes enforceable. "; part five of the seventh and the word" requests "shall be replaced by the word" requests ", the word" which "should be replaced by the word" which ". 97. In paragraph 1 of article 463, the word "person" shall be replaced by the words "where the person is located". 98. In Article 466: the name after the word "Election" should be supplemented with the words "or the use of the chosen"; parts one and two as follows: " 1. Upon receipt of a request for extradition from a foreign State, if the decision of the judicial authority to choose the person's remand in custody is not submitted, the prosecutor, in order to ensure the possibility of extradition The person shall decide whether or not to take a preventive measure in the manner prescribed by this Code. 2. If the request for extradition is accompanied by a decision of the judicial authority of the foreign State to detain the person in custody, the procurator may place the person in the custody of the person or place him in custody without confirmation of the decision by the court Russian Federation. ". 99. Article 467 should read: " Article 467. Transfer the extradited person 1. The Russian Federation shall notify the foreign State of the place, date and time of transfer of the extradited person. If the person is not admitted within 15 days from the date set for the transfer, the person may be released from custody. 2. In the event that a foreign State is unable to accept the person subject to extradition for reasons beyond its control and notifies the Russian Federation, the date of transfer may be postponed. In the same way, the date of transfer may be transferred if the Russian Federation is unable, for reasons beyond its control, to transfer the person subject to extradition. 3. In any case, the person shall be released after 30 days from the date fixed for his transfer. ". 100. Articles 469 to 472 should read: " Article 469. Basis of transfer of a person sentenced to deprivation of liberty The basis of the transfer of a person sentenced to deprivation of liberty by a court of the Russian Federation to serve a sentence in a State of which he or she is a national is equal to The transfer of a citizen of the Russian Federation convicted by a foreign court to deprivation of liberty for serving a sentence in the Russian Federation is the decision of the court following the examination of the submission of the federal executive authorities in the field of justice, or of the treatment of the sentenced person or his or her representative, a by the competent authorities of the Russian Federation or a written agreement of the competent authorities of the Russian Federation with the competent authorities of the foreign State on the basis of the principle of reciprocity. Article 470. The procedure for consideration by the court of issues related to the transfer of a person sentenced to deprivation of liberty 1. Submission by the Federal Executive in the field of justice, as well as the treatment of a convicted person, his representative and the competent authorities of a foreign State for the transfer of a person sentenced to deprivation of liberty to serve his or her sentence The State of which this person is a national shall be examined by the court in accordance with the procedure and time limits set out in articles 396, 397 and 399 of this Code, taking into account the requirements of this article and Articles 471 and 472 of this Code. 2. If it is impossible for the court to consider the transfer of the sentenced person because of incomplete or missing information, the judge has the right to defer consideration of the matter and to request the missing information, or without considering the referral of the sentenced person to the OF THE PRESIDENT OF THE RUSSIAN FEDERATION of a foreign State. Article 471. The grounds for refusing the transfer of a person sentenced to deprivation of liberty to serve their sentence in the State of which it is a national In the transfer of a person convicted by a court of the Russian Federation to deprivation of liberty, In order to serve the sentence in the State of which that person is a national, it may be refused if: 1) none of the acts for which the person is convicted is a crime under the law of the State, the citizen who is convicted; 2) cannot be punished is executed in a foreign state due to: (a) the expiry of the statute of limitations or other grounds provided by the law of that State; b) the non-recognition by a court or other competent authority of a foreign OF THE PRESIDENT OF THE RUSSIAN FEDERATION States; in) incompatibility with condition and order The serving of sentences handed down by a court or other competent authority of a foreign State; 3) from the convicted person or from a foreign State, no guarantees of the enforcement of the sentence in part of the civil claim have been obtained; " (4) There is no agreement on the transfer of the sentenced person under the conditions stipulated by the international treaty of the Russian Federation; 5) the convicted person has a permanent place of residence in the Russian Federation. Article 472. The procedure for allowing the court to issue questions related to with the execution of a sentence by a foreign court State 1. If in the consideration of the submission (referral) of the transfer of a citizen of the Russian Federation sentenced to deprivation of liberty by a foreign court, the court will come to the conclusion that the act for which the citizen of the Russian Federation has been convicted is not is a crime under the law of the Russian Federation or a court of a foreign state may not be executed due to the expiry of the statute of limitations, as well as on other grounds under the law of the Russian Federation, or of the Russian Federation Recognition of the judgement of a foreign court. 2. In all other cases, the court rules on the recognition and enforcement of the judgement of a foreign court, which states: 1) the name of the court of the foreign State, the date and place of the judgement; (2) Information on the last place of residence of the convicted person in the Russian Federation, the place of his work and occupation prior to conviction; 3) the description of the crime in which the convicted person was found guilty, and the criminal law of the foreign of the State under which he was convicted; 4) of the Russian Federation, which provides for liability for the crime committed by the convicted person; 5) the type and duration of the sentence (main and supplementary), the served term and the length of the sentence to be served on the convicted person. The Russian Federation, its beginning and end, the type of correctional institution, the procedure for compensating for damages in civil suit. 3. If, under the Criminal Code of the Russian Federation, the maximum period of deprivation of liberty is lower than that imposed by a foreign court, the court shall determine the maximum period of deprivation of liberty for the commission of that offence. Criminal Code of the Russian Federation. If, under the Criminal Code of the Russian Federation, deprivation of liberty is not provided for as a punishment for a crime committed by a person, the court shall determine the other penalty, the most appropriate penalty imposed upon the sentence of the court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. If the sentence of a foreign court refers to two or more acts, not all of which are crimes in the Russian Federation, the court shall determine which part of the sentence imposed upon the judgement of a foreign court, applies to act constituting a crime. 5. The court ruling shall apply in accordance with the procedure established by article 393 of this Code. 6. In the event of the annulment or modification of a sentence by a foreign court or the application to a person serving a sentence in the Russian Federation issued in a foreign State amnesty or pardon or clemency A revised judgement of a foreign court, as well as the application of amnesties or pardons, shall be decided in accordance with the requirements of this article. ". 101. Article 473 shall be declared void. 102. Supplement the Code with Part Six, reading: " PART SIX. PROCESSLE FORM SECTION XIX. APPLICATION OF BLANK PROCESSES CHAPTER 56. PROCEDURE FOR THE APPLICATION OF BLANK PROCESSES Article 474. Processing of procedural actions and solutions on procedural forms documents (Spaced by Federal Law dated 05.06.2007 N 87-FZ 2. Procedural documents can be executed in a typographical, electronic or other manner. In the absence of printed, printed, electronic or other forms of procedural documents, they may be written by hand. (Spconsumed by Federal Law of 05.06.2007) N 87-FZ) (Unused-Federal Law of 05.06.2007 N 87-FZ) (Unused in addition to Article 475-Federal Law of 05.06.2007) N 87-FZ) (Unused in addition to Chapter 57-Federal Law of 05.06.2007) N 87-FZ) Article 2. This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 2003 N 92-FZ