RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Code Russian Federation and Criminal Procedure Code Code of the Russian Federation Accepted State Duma of 5 June 2009 Approved by the Federation Council on 17 June 2009 Article 1 of the Russian Federation (Legislative Assembly Russian Federation, 1996, 2954; 1998, N 26, est. 3012; 2003, N 50, sect. 4848; 2004, N 30, sect. 3096; 2006, N 31, sect. 3452; 2007, No. 31, sect. 4008; 2008, N 7, est. 551) the following changes: 1) the paragraph "and" of the first article 61, amend to read: " and) the confession of guilt, active contribution to the disclosure and investigation of the crime, the denunciation and prosecution of others In the case of crimes against which the crime was committed, the search for property obtained as a result of the crime; "; (2) article 62 should read as follows: " Article 62. The purpose of punishment is extenuating circumstances 1. Where there are extenuating circumstances provided for in paragraphs "and" and (or) "to" part one of article 61 of this Code, and no aggravating circumstances may exceed two thirds of the maximum period or length of the sentence. The most severe punishment prescribed by the relevant article of the Special Part of this Code. 2. In the case of a pretrial cooperation agreement, where there are mitigating circumstances under article 61 (1) and (1) of this Code, and the absence of aggravating circumstances, or the absence of aggravating circumstances, the sentence may not exceed Half of the maximum duration or size of the most severe punishment provided for in the relevant article of the Special Part of this Code. 3. The provisions of Part One of this article shall not apply if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment shall be imposed within the limits of the sanction of the relevant article of the Special Part of this Code. 4. In the case of a pretrial cooperation agreement, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these penalties shall not apply. At the same time, the penalty shall not exceed two thirds of the maximum sentence or the maximum penalty of deprivation of liberty provided for in the relevant article of the Special Part of this Code. "; 3) supplement Article 63-1 as follows: " Article 63-1. Senttioning in case of violation of the Pre-trial Cooperation Agreement If it is established that the person who concluded the pre-trial cooperation agreement was given false information or concealed from In the case of an investigator or procurator, the court shall sentence him in general without the application of the provisions of article 62 of this Code relating to the duration of the offence and the provisions of article 62, paragraph 4, of the Code. and article 64 of this Code. "; 4) Part One. Article 75, after the words "facilitated the disclosure", should be supplemented by the words "and the investigation". Article 2 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; 2003, N 27, sect. 2706; 2007, N 16, sect. 1827; N 24, sect. 2830, 2833; 2008, N 49, sect. (5724) The following changes: 1) Article 5, add the following paragraph 61: " 61) Pretrial cooperation agreement-an agreement between the parties to the prosecution and the defence in which the parties agree on the terms liability of the suspect or accused, depending on his or her actions following the initiation of a criminal case or indictment. "; (2) Part 3 of article 11, in addition to the words" as well as other security measures provided for in OF THE PRESIDENT OF THE RUSSIAN FEDERATION Part five, to read: " 5. The Prosecutor may, after initiating a criminal case, conclude a pretrial cooperation agreement with a suspect or an accused person. "; 4) Part one of article 154 to supplement paragraph 4 with the following: " 4) a suspect or The accused, with whom the prosecutor has concluded a pretrial cooperation agreement. In the event of a threat to the security of a suspect or accused person, the criminal record identifying his or her identity is taken out of the criminal case and is attached to the criminal case against the suspect or the accused; the first sentence of Part 1 of Article 216 should be supplemented with the words ", with the exception of the documents referred to in Part Two of Article 3317-4 of this Code"; 6) section X to supplement the chapter 40-1 , to read: " CHAPTER 40-1. DETAILED CONTAINED DECISIONS TO THE CONDEBATE COOPERATION AGREEMENT FOR COOPERATION AGREEMENT Article 317-1. Order of application for detention of the Pre-trial Cooperation Agreement 1. The application for a pretrial cooperation agreement shall be submitted by the suspect or the accused in writing to the prosecutor. This request shall also be signed by the defence counsel. If the defence counsel is not invited by the suspect or the accused, by his or her legal representative, or on behalf of the suspect or accused by other persons, the defence counsel shall be provided by the investigator. 2. The suspect or accused person has the right to file an application for a pretrial cooperation agreement between the beginning of the criminal prosecution and the announcement of the end of the preliminary investigation. In this application, the suspect or the accused shall indicate what actions he undertakes to perform in order to facilitate investigation of the crime, to denounce and prosecute other accomplices of the crime, and to search for them. the proceeds of crime. 3. The application for a pretrial cooperation agreement shall be submitted to the prosecutor by the suspect or the accused, by his or her counsel through the investigator. The investigator, upon receipt of the request, within three days of the receipt of the application, or sends it to the prosecutor, together with a reasoned decision with the head of the investigation body, to initiate a motion before the prosecutor. On the conclusion of a pretrial cooperation agreement with a suspect or accused, or the refusal of a request for a pretrial cooperation agreement. 4. The decision of the investigator to refuse a request for a pretrial cooperation agreement may be appealed by the suspect or the accused and his or her counsel to the head of the investigating body. Article 317-2. Order of motions on the conclusion of a pre-trial agreement on cooperation 1. The Prosecutor shall consider the application for a pretrial cooperation agreement and a decision by the investigator to initiate a request for a pre-trial agreement with a suspect or accused before the prosecutor for cooperation during the period of pre-trial detention. Three days after his arrival. As a result of the review, the prosecutor takes one of the following orders: (1) granting the request for a pretrial cooperation agreement; (2) denying the request for detention of the Pre-trial Cooperation Agreement. 2. The decision to refuse a request for a pretrial cooperation agreement may be appealed by the investigator, suspect or accused person to a higher procurator. Article 317-3. The Pretrial cooperation agreement 1. The Prosecutor, having issued a decision granting a request for a pretrial cooperation agreement, invites an investigator, suspect or accused person and his or her defence counsel. With their participation, the prosecutor prepares a pretrial cooperation agreement. 2. The pretrial cooperation agreement should include: 1) the date and place of its creation; 2) the official of the prosecution authority, which is the prosecution's agreement; 3) name, first name and patronymic a suspect or an accused person entering into an agreement by the defence, the date and place of birth; 4) the description of the offence, indicating the time, place of commission, and other circumstances to be proved in accordance with Paragraphs 1 to 4 of Part 1 of Article 73 of this Code; 5) Part, article of the Criminal Code of the Russian Federation providing for liability for the crime; 6) the actions which a suspect or accused undertakes to commit in the performance of his or her pre-trial obligations Cooperation agreements; 7) attenuating circumstances and criminal legislation that may be applied to a suspect or accused, subject to the latter conditions and the fulfilment of the obligations set out in the Pre-trial cooperation agreement. 3. The pre-trial cooperation agreement shall be signed by the prosecutor, the suspect or the accused, by his or her counsel. Article 317-4. Conducting a preliminary investigation against a suspect or an accused person with whom the Pre-Trial Agreement on Cooperation 1 has been concluded. Preliminary investigation into a separate proceeding pursuant to article 154, paragraph 4, paragraph 4, of this Code, in relation to a suspect or accused person with whom a pre-trial agreement has been concluded shall be carried out in accordance with the procedure established by Chapters 22-27 and 30 of this Code, taking into account the circumstances set out in this article. 2. Application for a pretrial cooperation agreement, decision by the investigator to request the prosecutor to enter into a pretrial cooperation agreement with the suspect or the accused, and the order of the prosecutor The application for a pretrial cooperation agreement is granted, and the pre-trial cooperation agreement is attached to the criminal case. 3. In the event of a threat to the security of a suspect or an accused person with whom a pretrial cooperation agreement has been concluded, close relatives, relatives and close relatives of the investigator shall issue an order for the possession of documents, in the second part of this article, in a sealed envelope. 4. Upon completion of the preliminary investigation, the criminal case in accordance with article 220 of the present Code is forwarded to the procurator for confirmation of the indictment and for the submission of the accused's compliance and compliance with the law. The obligations of the pretrial cooperation agreement entered into with it. Article 317-5. Presentation by the Prosecutor on a special procedure of the trial and sentencing of the criminal case in the ratio of the accused to whom Cooperation 1. The Prosecutor shall, in accordance with the procedure established by article 221 of this Code, consider the criminal case brought by the investigator against the accused, with whom the pretrial cooperation agreement has been concluded, as well as the evidence supporting the case. Compliance with the accused and fulfilment of the obligations set out in the agreement, and in the event of confirmation of the indictment, make a special provision for the holding of the trial and the judgement Criminal case. The submission states: 1) the nature and extent of assistance to the accused in the detection and investigation of the crime, the naming and prosecution of other accomplices in the crime, and the search for property obtained as a result (a) The importance of cooperation with the accused in the detection and investigation of the crime, the denunciation and prosecution of other accomplices in the crime and the search for property obtained as a result of the crime; " (3) Offences or criminal proceedings discovered or prosecuted in the The result of cooperation with the accused; (4) the degree of personal security threat to which the accused was exposed as a result of cooperation with the prosecution, his close relatives, relatives and close faces. 2. In the submission, the prosecutor also certifies the completeness and the veracity of the information communicated to the accused in the fulfilment of his obligations under the pretrial cooperation agreement concluded with him. 3. A copy of the submission made by the public prosecutor shall be given to the accused and his counsel, who are entitled to submit their observations to be taken into account by the prosecutor, if any. 4. Not later than three days from the time the accused and his counsel were acquainted with the submission, the prosecutor sends the criminal case and the submission to the court. Article 317-6. Grounds for the application of a special procedure to hold a trial and to render the criminal judgment against the accused with whom concluded the pre-trial agreement collaboration 1. The court's consideration of the special procedure for the conduct of the trial and the adjudication of a criminal case against the defendant, with which a pretrial cooperation agreement has been concluded, is a criminal case, to the court with the submission of the prosecutor referred to in article 317-5 of this Code. 2. A special procedure for the holding of a court hearing and a judgement in a criminal case against the defendant, with whom a pretrial cooperation agreement has been concluded, applies if the court is satisfied that: 1) State The prosecutor confirmed the active cooperation of the accused in the detection and investigation of the crime, the denunciation and prosecution of other accomplices, the search for property obtained as a result of the crime; 2) The pre-trial cooperation agreement was entered into voluntarily and with the assistance of the Defence counsel. 3. If the court finds that the conditions set out in paragraphs 1 and 2 of this article are not met, it shall decide on the appointment of the trial in general. 4. The provisions of this chapter shall not apply if the assistance of a suspect or an accused person is merely to provide information on his or her own participation in criminal activities. Article 317-7. The order of the trial of the trial and judgment against the defendant, with which concluded the pre-trial agreement on cooperation 1. The court proceedings and the ruling on the defendant, with which a pretrial cooperation agreement has been concluded, shall be held in accordance with the procedure established by article 316 of this Code, subject to the requirements of this article. 2. The trial is held with the mandatory participation of the defendant and his defence counsel. 3. The trial starts with a public prosecutor's presentation of the charges against the defendant, after which the public prosecutor confirms the defendant's assistance to the investigation and also explains to the court what it has expressed. 4. At the same time, it should be examined: 1) the nature and limits of assistance to the defendant in the detection and investigation of the crime, the naming and criminal prosecution of other accomplices of the crime, the search for property extracted in (a) The importance of cooperation with the defendant for the detection and investigation of the crime, the denunciation and prosecution of other accomplices in the crime and the search for property obtained as a result of the crime; 3) crimes or criminal cases discovered or (c) The degree of personal security threatened by the defendant's cooperation with the prosecution, his close relatives, relatives and close faces; " (5) The circumstances of the defendant's personality and the circumstances that are mitigating and aggravating the punishment. 5. The judge, having ascertained that the accused met all the conditions and fulfilled all the obligations laid down in the pretrial cooperation agreement with him, decides on the conviction and sentence, subject to the provisions of Parts Two and Four. Article 62 of the Criminal Code of the Russian Federation assigns the defendant a penalty. In accordance with the provisions of articles 64, 73 and 80-1 of the Criminal Code of the Russian Federation, a lighter penalty may be imposed on the defendant, subject to the provisions of articles 64, 73 and 80-1 of the Criminal Code of the Russian Federation. of serving a sentence. 6. The sentencing part of the sentence should contain a description of the criminal act in which the defendant is charged, as well as the conclusions of the court concerning the conditions for the defendant and the fulfilment of the obligations set out in the sentence. a pretrial cooperation agreement with him. 7. 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. Article 317-8. Revision of the sentence passed against the defendant, with whom concluded the pre-trial agreement on cooperation If after the imposition of the defendant the penalty in accordance with the provisions This chapter will be found to have intentionally or intentionally withheld false information from the investigation, and that the sentence is subject to review in accordance with the procedure set out in section XV of this Code. Article 317-9. Security measures used against a suspect or indicted accused Pre-trial Cooperation Agreement 1. Where it is necessary to ensure the security of a suspect or an accused with whom a pretrial cooperation agreement has been concluded, his close relatives, relatives and close persons shall be subject to the security measures provided for in article 11 and Part 2, paragraph 4, of this Code. 2. The suspect or accused, with whom a pretrial cooperation agreement is concluded, shall be subject to all measures of State protection of victims, witnesses and other participants in criminal proceedings provided for by federal law. " President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 29 June 2009 N 141-FZ