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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 Criminal Procedure Code Russian Federation adopted by the State Duma on November 17, 2010 Approved by the Federation Council on November 24, 2010 (In the wording of the Federal Law 29 December 2010 N 433-FZ Federation, 2001, N 52, Art. 4921; 2003, N 27, sect. 2706; N 50, sect. 4847; 2006, N 3, sect. 277; 2007, N 24, est. 2830; 2009, N 11, article 1266) the following changes: 1) (Spated out-Federal Law of December 29, 2010. N 433-FZ) 2) (Spated out-Federal Law of 29.12.2010 N 433-FZ) 3) (Spated out-Federal Law of 29.12.2010 N 433-FZ) 4) (Spated by Federal Law of December 29, 2010). N 433-FZ) 5) (Spated by Federal Law of December 29, 2010). N 433-FZ) 6) in article 437: (a) the name should read: " Article 437. The participation of the person in respect of which the coercive measure of a medical nature and its legal representative is in effect "; b) Part 1 should read as follows: " 1. A person who is subject to compulsory medical measures must be given the right to exercise his or her own rights under articles 46 and 47 of the present Code of Procedure if: His mental state allows him to exercise such rights. This takes into account the opinion of the experts involved in the forensic psychiatric examination and, if necessary, the medical report of the psychiatric hospital. A legal representative of a person who is subject to compulsory medical measures is involved in criminal proceedings on the basis of an order of the investigator or the court. In the absence of a close relative, the legal representative may be recognized as a trusteeship and guardianship authority. "; 7) in article 439: (a) Part three after the word" notifies "with the words" the person in respect of whom "Production of compulsory medical measures,"; (b) Part 6, after the word "shall be served" with the words " to the person who is being subjected to a coercive measure of a medical nature, it "; 8) part one of article 441 to be supplemented with proposals the following content: " A person who is subject to a compulsory medical measure must be given the right to participate personally in a court hearing if his/her mental state allows him to do so Participate in a court hearing. This takes into account the opinion of the experts involved in the forensic psychiatric examination and, if necessary, the medical report of the psychiatric hospital. "; 9), article 444 should read as follows: " Article 444. The procedure for appealing against a court order The court decision may be appealed in cassation or by the victim, his or her representative, as well as the person in respect of whom the application has been or is being made coercive measures of a medical nature, his counsel, legal representative or close relative and prosecutor in accordance with Chapter 45 of this Code. "; editions: " 1. According to a medical report confirmed by a medical report, the administration of the psychiatric hospital, as well as at the request of the person to whom the coercive measure of a medical nature, his counsel or legal representative has been applied, terminates, shall modify or extend, for the next six months, the use of a coercive measure of a medical nature to the person concerned. "; b) in the third word of the" legal representative of the person to whom the compulsory medical measure has been applied " Replace with the words " the person to whom the measure of constraint has been applied of a medical nature, its legal representative "; in Part Four, as follows: " 4. Participation in the court hearing of the defence attorney and prosecutor is obligatory. The person in respect of whom the question of termination, modification or extension of a coercive measure of a medical nature is being decided must be granted the right to participate personally in the hearing if his or her mental state to participate in the court hearing. Non-appearance of other persons does not preclude the consideration of a criminal case. "; \'l \'l add a part of the eighth to the words" or in the order of supervision ". President of the Russian Federation Dmitry Medvedev Moscow, Kremlin November 29, 2010 year N 323-FZ