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Amending The Code Of Criminal Procedure Of The Russian Federation

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

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RUSSIAN FEDERATION FEDERAL LAW amending the Code of Criminal Procedure Russian Federation adopted by the State Duma on November 21, 2008 Approved by the Federation Council on 26 November 2008 Article 1 Amend the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; N 30, est. 3015; 2003, N 27, sect. 2706, 2708; N 50, sect. 4847; 2007, N 16, sect. 1827; N 18, sect. 2118; N 24, st. 2830, 2833; N 31, est. 4011; N 50, sect. 6236) the following changes: 1) in article 5: (a) paragraph 25, after the word "prosecutor", add the words "the head of the investigation body,"; b) to supplement paragraph 40-1 as follows: " 40-1) The investigator is a criminal investigator, who is authorized to conduct the preliminary investigation in a criminal case, and also to participate on behalf of the head of the investigative body in the production of separate investigative and other procedural actions. or to produce separate investigative and other proceedings without in the case of the criminal case; "; (2) in article 20, paragraph 4, the words" Investigator "shall be replaced by the words" Head of the investigation body, investigator "; 3) in article 21: (a) in Part Three "Investigator" shall be replaced by the words "Investigator, Investigator"; "Investigator"; (b) Part Four, after the word "prosecutor", insert the words "the head of the investigation authority,"; 4) in article 37: (a) paragraph 12 and part two, after the words "from one preliminary investigation body" "to be supplemented by the words" (except for the referral of a criminal case under one preliminary investigation authority) "; b) to supplement the second one with the following content: " 2-1. On the basis of a reasoned written request from the prosecutor, he shall be given the opportunity to familiarize himself with the materials of the criminal case in the proceedings. "; 5), paragraph 5 of part two of article 38, should read: " 5) to appeal, with the consent of the head of the investigating body, in accordance with the procedure established by article 221 of article 221 of this Code, the decision of the prosecutor to set aside the decision to institute criminal proceedings, to return the criminal case to the investigator for of an additional investigation, a change in the scope of the accusation, or Qualification of the actions of the accused or recounting of the indictment and the removal of the defects identified; "; 6) in article 39: (a) in Part One: , in paragraph 2, the words" criminal records " should be replaced In the words "materials of the verification of a crime or criminal case file"; point 3, in addition to the words ", to examine the reports of a crime in person, to participate in the verification of a crime report"; , paragraph 4 " to interropose a suspect, accused person without acceptance A criminal case in the case of his or her production when considering the consent of the investigator to initiate the application of the petition "; b) Part Two, as follows: " 2. The head of the investigative body is entitled to institute criminal proceedings in accordance with the procedure established by this Code, to institute criminal proceedings into his or her production and to carry out the preliminary investigation in full, having the powers of the investigator. or the head of the investigation team provided for in this Code. "; in the third word", except the instructions provided for in Part Four of this article, " delete; d) Part Four should be stated in , to read: " 4. The head of the investigative body shall consider, within a period of not more than 5 days, the procurator's requests for the annulment of an unlawful or unfounded decision of the investigator and the elimination of other violations of federal law committed during the course of the investigation. The preliminary investigation, as well as the written objections of the investigator to these requirements, and informs the prosecutor that the unlawful or unfounded decision of the investigator is to be revoked and the violations committed or the requirements laid down the prosecutor. "; 7) in article 67: (a) The following sentence: "The decision on the removal of the head of the investigative body shall be taken by the parent of the investigating authority."; b) Part Two, after the word "participation", add the words " the head of the investigation "; 8) in article 106, paragraph 1, of the word" organ or person choosing the measure of restraint, "to be replaced by the word" court "; 9) in article 108: (a) Part one should be added to the new third sentence of the following content: " Such circumstances may not be data not verified during the course of The court session, in particular the results of the operative-search activity, submitted in violation of the requirements of article 89 of this Code. "; b) Part Four after" appropriate level court with " to add the word "mandatory", the word "investigator" shall be replaced by the words "the head of the investigation body, the investigator"; (10) paragraph 1 of article 109, paragraph 1, after the words "has been submitted to the court" to be supplemented by the words " at the place of the preliminary of the accused person in custody "; 11) in In article 125: (a), in the first word "and the investigator" shall be replaced by the words ", the investigator, the head of the investigating body", after the words "acts (omissions) of the person conducting the inquiry, the investigator" with the words ", the head of the investigating body"; (b) Part three, after the words "with the participation of the prosecutor", add the words ", the investigator, the head of the investigation body"; 12), the first part of article 144, after the word "investigator", to supplement the words ", the head of the investigation body "; 13) in article 145: (a) Paragraph 1 after the word "investigator" to supplement the words ", the head of the investigation body"; (b) Part three, after the word "investigator", add the words ", the head of the investigation body"; 14) in article 146: (a) Replace the words "or the investigator" with the words ", the head of the investigating body, the investigator"; b) part four, as follows: " 4. A copy of the decision of the head of the investigation body, the investigator and the initial inquiry officer is sent immediately to the prosecutor. When a criminal case is opened by the captains of ships or river vessels in the further navigation, the directors of the exploration parties or of the names removed from the premises of the bodies conducting the initial inquiry, heads of diplomatic missions, or OF THE PRESIDENT OF THE RUSSIAN FEDERATION In this case, the decision to institute criminal proceedings shall be transmitted to the procurator without delay as soon as practicable. In case the prosecutor admits the decision to initiate criminal proceedings unlawful or unreasonable, he is entitled to cancel at the latest 24 hours from the moment of receipt of the material which served as the basis for the institution of criminal proceedings. A decision to institute criminal proceedings, which shall be issued in a reasoned decision, a copy of which shall immediately be sent to the official who has instiled the criminal case. The decision taken by the head of the investigative authority, the investigator, the person conducting the initial inquiry shall immediately notify the applicant and the person against whom the criminal proceedings have been initiated. "; Replace the words "the head of the investigation authority, the investigator"; 16) in article 148: (a) in the first word "investigator," to read "the head of the investigation body, the investigator,"; b) part two after In addition to the words "or persons", insert the words "the head of the investigating body"; in) Part 6, amend to read: " 6. Having recognized the refusal of the head of the investigating body, the investigator to initiate criminal proceedings unlawful or unreasonable, the prosecutor makes a reasoned order to send the relevant materials to the head of the investigating body for the decision The question of repeating a decision not to institute criminal proceedings. By accepting the decision of the body conducting the initial inquiry, the person conducting the initial inquiry or the refusal to initiate criminal proceedings unlawful or unreasonable, the prosecutor annuls it and submits the relevant order to the chief of the body conducting the initial inquiry, setting a time limit their implementation. Having recognized the refusal of the head of the investigating body, the investigator to initiate criminal proceedings unlawful or unreasonable, the head of the investigating body shall cancel the criminal case and initiate criminal proceedings or send the materials for Further verification with its instructions, setting the deadline for their implementation. "; 17) Part 3 of article 153 should be redrafted to read: " 3. The connection of criminal cases in the investigator's case is made on the basis of the decision of the head of the investigating body. The connection of criminal cases in the proceedings of the person conducting the initial inquiry is made on the basis of the decision of the prosecutor. The decision on the connection of criminal cases involving offences under articles 150 and 151 of this Code to the various bodies of the preliminary investigation is taken by the head of the investigating authority on the basis of the decision of the prosecutor The definition of the jurisdiction. In the event that a preliminary investigation is carried out in the form of an initial inquiry, the decision shall be taken by the procurator. "; 18) in article 158, paragraph 2, the word" investigator "shall be replaced by the words" the head of the investigation body, the investigator "; (19) Part 6 of article 162, after the words "terminated criminal case", with the words "or the return of a criminal case for further investigation"; (20) Part 9 of article 166 to supplement the proposals , to read: " In cases in which the adjective is: The investigation may be carried out on the basis of a decision by the investigator to keep secret data on the identity of the investigating officer without the consent of the head of the investigating body. In this case, the investigator's order is handed over to the head of the investigating body to verify that it is lawful and justified as soon as possible. "; 21) Part 4 of Article 178 to supplement The following sentence is proposed: "If necessary, the body may be examined before a criminal case is opened."; 22) Part 1 of article 179 should be supplemented with the following sentence: " In cases of delay, Inspection may be carried out prior to the institution of criminal proceedings. Cases. "; 23) Part 6 of Article 220 after the words" criminal case "is supplemented by the words" with the consent of the head of the investigation body "; 24) in article 237: (a) Part Two is declared void; b) part The third sentence should be supplemented with the following sentence: " If necessary, the judge shall extend the period of remand in custody for the purposes of investigative and other proceedings, in the light of the time limits provided for in article 109 of the present report. Code. "; in) part four is void; (d) Part 5 of the lapel; 25) in paragraph 12 of article 448, paragraph 12, of the words "prosecutor of the constituent entity of the Russian Federation" shall be replaced by the words " the head of the Investigative Committee of the Investigative Committee of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2 Paragraphs 7-9 of Article 1 of the Federal Law of July 4, 2003 N 92-FZ " On introducing changes and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2706) be declared invalid. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 2, 2008 N 226-FZ