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On Amendments To Certain Legislative Acts Of The Russian Federation With A View To Improving The Rights Of Victims In Criminal Proceedings

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в целях совершенствования прав потерпевших в уголовном судопроизводстве

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation Russian Federation to improve the rights of victims in criminal proceedings proceedings Adopted by the State Duma December 20, 2013 Approved by the Federation Council on 25 December 2013 Article 1 Commit to Russian Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954; 2001, N 11, 1002; 2003, N 50, sect. 4848; 2004, N 30, sect. 3096; 2008, N 52, sect. 6227; 2009, No. 31, sect. 3921; N 45, sect. 5263; N 52, est. 6453; 2010, N 14, sect. 1553; N 50, sect. 6610; 2011, N 11, 1495; N 15, est. 2039; N 50, sect. 7362; 2012, N 10, est. 1162, 1166; 2013, N 30, sect. 4051; N 44, est. 5641) the following changes: 1) in article 74: (a) Part one after the words "its correction," with the words "compensated the damage (in whole or in part) caused by the crime, in the amount determined by the court decision"; (b) Part Two, after the words "duties of the court", add ", evaded the reparation of the injury (in whole or in part) caused by the crime, in the amount determined by the court decision,"; in addition to the following table of contents: " 2-1. If the convicted person has been systematically evaded, during the extended probationary period in connection with his escape from compensation for harm caused by a crime, the court shall systematically avoid the compensation of the said injury. The submission of the body referred to in paragraph 1 of this article may also render a decision on the abolition of the suspended sentence and the enforcement of the sentence imposed by the court. "; 2) part one of article 79 after the words" appointed by the court of the sentence "shall be supplemented with the words", as well as damages (in whole or in part); as a part of article 80, paragraph 1, of article 80, after the words "deprivation of liberty," should be supplemented by the words "to the extent that has caused the injury (in whole or in part) caused by the crime,"; 4). The fifth article 86, after the words "acted flawlessly," supplemented the words "as well as compensation for the damage caused by the crime,"; 5), should be added to article 137 as follows: " 3. Illegal distribution in public speaking, publicly showing works, media or information and telecommunication networks of information indicating the identity of the minor victim, will not be reached 16 years of age, in criminal proceedings, or information containing a description of the physical or mental suffering resulting from the injury to the minor's health or mental disorder minor, or other grave consequences,- shall be punished by a fine of between 100 and 50 thousand rubles to three hundred and fifty thousand rubles, or in the amount of wages or other income of the sentenced person between eighteen months to three years, or deprivation of the right to hold certain positions or engage in a certain activity for a period of up to five years, with disqualification to hold certain positions or engage in certain activities for a period of up to six years, or shall be punished by imprisonment for the term of up to five years. The right to hold certain positions or engage in certain activities for up to six years. "; the conduct of his/her forensic examination in cases where his consent is not required, or the provision of handwriting samples and other samples for a comparative study. " Article 2 Article 2 of the Criminal Code of the Russian Federation (Collection of legislation in the Russian Federation, 1997, N 2, st. 198; 2001, N 11, sect. 1002; 2003, N 24, est. 2250; N 50, sect. 4847; 2006, N 2, sect. 173; N 3, sect. 276; 2009, N 52, sect. 6453; 2010, N 8, Art. 780; N 14, est. 1556; N 15, st. 1742; 2011, N 15, sect. 2039; N 45, est. 6324; N 50, sect. 7362; 2012, N 10, est. 1162; N 49, est. 6753) The following changes: 1) Article 17 to be supplemented by the words ", as well as to the victim or his or her legal representative, in the presence of a convicted copy of the court's ruling or order notifying the victim or his or her legal person representative of "; 2) in the third article 47-1 of the phrase" the said penal inspection in writing "shall be replaced by the words" in writing to the said criminal or executive inspection, as well as to the victim or his or her lawful authority Representatives, if the convicted person has a copy of the definition or The order of the court to notify the victim or his or her legal representative "; 3) to supplement article 97 with a portion of the following: " 6-1. In the case of a convicted person's permission to leave the correctional facility, the administration of the correctional institution shall promptly notify the victim or his legal representative if the convicted person has a copy in his or her file. The determination or order of the court to notify the victim or his or her legal representative to leave the convicted person outside the correctional institution. "; 4) to supplement article 172-1 as follows: " Article 172-1. Notice of release from service of the sentence On the release of the sentenced person from serving a sentence of imprisonment, the administration of the penal institution shall be obliged not later than 30 days prior to his release, and, upon release of the sentenced person, on the day of release, to notify the victim or his or her legal representative, if there is a copy of the court's determination or decision on the notification of the victim, in the case of a convicted person or his or her legal representative. "; 5) in article 175: (a) Part one of the phrase "partially or fully amends the damage or otherwise amends the damage caused by the crime" to replace the words "compensation for the injury (in whole or in part) caused by the crime"; (b) In the second word "10 days", after "15 days", after the words "the act," to be supplemented with the words "compensation for the injury caused by the crime,"; , in part three of the word "partially or completely reimbursed" damage or otherwise has ironed the harm caused by the crime. " Replace the words "compensation for damage (in whole or in part) caused by the crime"; g) in part three of the word "partially or fully compensated the damage caused or otherwise ironed the harm caused as a result of the crime" Replace the words "damages (in whole or in part) caused by the crime"; (6) Part Four of article 188 after the word "duties," to add " to compensate for the damage caused by the crime, in the amount determined by the decision "; 7) in Article 190: (a) Part one after by the words "duties of the court" to be supplemented by the words ", evasion of damages (in whole or in part) caused by a crime, in the amount determined by a court decision, by concealing property, income, evasion or other means", The following sentence should be added: "Inducement from reparation for harm caused by the crime shall also be deemed to be non-repayable for disrespectful reasons."; b) Part Two to be supplemented with the following sentence: " Information on the imputed debt The executive documents for the compensation of the damage caused by the crime may be submitted to the victims in the penal enforcement inspection or the command of the military unit. ". Article 3 Amend Criminal Procedure Code of the Russian Federation (Collection of Russian legislation, 2001, N 52, p. 4921; 2002, N 22, sect. 2027; N 30, est. 3020, 3029; N 44, sect. 4298; 2003, N 27, sect. 2700, 2706; N 50, sect. 4847; 2004, N 27, sect. 2711; 2005, N 1, est. 13; 2006, N 10, est. 1070; N 28, st. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 24, est. 2830, 2833; N 49, sect. 6033; N 50, sect. 6236, 6248; 2008, N 49, sect. 5724; 2009, N 1, est. 29; N 11, est. 1267; N 26, est. 3139; N 44, est. 5170; 2010, N 1, est. 4; N 11, est. 1169; N 15, st. 1756; N 17, sect. 1985; N 21, sect. 2525; N 27, st. 3416, 3431; N 30, est. 3986; N 31, st. 4164, 4193; N 49, sect. 6412; 2011, N 1, st. 16, 45, N 15, sect. 2039; N 23, st. 3259; N 25, est. 3533; N 29, st. 4286; N 30, sect. 4598, 4601, 4605; N 45, sect. 6322, 6334; N 50, est. 7350, 7361, 7362; 2012, N 10, st. 1162, 1166; N 24, est. 3071; N 30, est. 4172; N 31, est. 4330, 4331, 4332; N 47, sect. 6401; N 49, sect. 6752; N 53, sect. 7634, 7637; 2013, N 9, st. 875; N 14, est. 1661; N 23, est. 2880; N 26, st. 3207; N 27, sect. 3442, 3478; N 30, est. 4028, 4050, 4078; N 43, sect. 5441; N 44, est. 5641; N 48, sect. (6165) the following changes: 1) paragraph 2 of part two of article 30, after the words "provided by articles", insert the words "131 parts of the fourth and fifth, 132 parts of the fourth and fifth, 134 parts of the sixth,"; 2) Part One, paragraph 9 Article 39 is supplemented by the words "as well as the exercise of public defence"; (3) in article 42: (a), in the first sentence, the second sentence should read: " The decision to recognize the victim shall be taken without delay The moment when the criminal case is opened and is issued by the decision of the person conducting the initial inquiry, ", add the following sentence:" If, at the time of the institution of criminal proceedings, there is no information on the person to whom the offence is injured, the decision on the recognition of the injured person shall be taken immediately after receiving data on that person. "; b) in Part Two: in paragraph 11 of the phrase" in the cases provided for in Part Two of Article 198 of this Code ", delete; paragraph 12, after the word" investigation " to supplement the words ", including in the case of the termination of a criminal case,"; Paragraph 13 should read as follows: " 13) obtain copies of the order for criminal proceedings, recognition of the victim, the refusal to take a preventive measure in the form of remand in custody, On suspension of criminal proceedings, suspension of criminal proceedings, referral of a criminal case, appointment of a preliminary hearing, court session, copies of the judgement of the court of first instance, decisions of the courts Court of Appeal and Court of Cassation. The victim may, upon request, receive copies of other procedural documents affecting his or her interests; "; , paragraph 14, shall be supplemented by the words", to object to the decision of the sentence without trial in general "; to supplement paragraph 21-1 as follows: " 21-1) to receive, on a mandatory basis, information on the arrival of the sentenced person to the deprivation of liberty to the place of serving the sentence, on the departure of the convicted person outside the institution shall be punished by imprisonment for the term of imprisonment. Places of deprivation of liberty in the event that the victim or his or her legal representative makes a statement before the end of the debate; "; in) the fifth supplement to paragraph 4: " 4) to evade " In the case of his or her consent, or from the provision of samples of handwriting and other samples for a comparative study, in the case of a comparative study. "; The first sentence should read as follows: " For giving false testimony The victim is liable under article 307 of the Criminal Code of the Russian Federation, for refusal to give evidence, as well as for evasion of the examination, from the proceedings concerning his or her forensic examination in cases, when its consent is not required, or from the provision of samples of handwriting and other samples for a comparative study, the victim is liable under article 308 of the Criminal Code of the Russian Federation. "; d) part The eighth preambular paragraph should read: " 8. In criminal cases involving the death of a person, the rights of the victim referred to in this article shall be transferred to one of his close relatives and (or) close relatives and, in their absence or inability to participate, Criminal procedure-to one of the relatives. "; 4) in article 45: (a) in the first word" By order of a justices of the peace as "to be replaced by" As "; b) to supplement the second one by the following table of contents: " 2-1. At the request of the legal representative of a minor who has not reached the age of sixteen for whom a crime is committed against the sexual inviolability of the minor, the participation of a lawyer as a representative Such victim shall be provided by the person conducting the initial inquiry, the investigator or the court. In this case, the costs of a lawyer are reimbursed at the expense of the federal budget. "; in) to supplement the second part -2 with the following content: " 2-2. According to the decision of the person conducting the initial inquiry, the investigator, the judge or the determination of the court, the legal representative of the minor victim may be excluded from participation in the criminal case if there are grounds to believe that his actions are detrimental to the interests of the minor. The victim's minor. In this case, another legal representative of a minor victim may be involved in a criminal case. "; 5) part three of article 82 should read: " 3. Other conditions for the storage, recording and transfer of physical evidence, including their separate categories, shall be established by the Government of the Russian Federation. "; (a) " (a) (...) (...) (...) (...) (...) the victim; "; 8) to supplement articles 160 to 1 as follows: " Article 160-1. Civil action measures Having established that the offence has been caused to property, the investigator or the person conducting the initial inquiry is obliged to take measures to establish the property of the suspect, the accused or persons who are in accordance with the law. The law of the Russian Federation is responsible for the damage caused by the suspect, the accused, the cost of which provides for compensation for the damage caused, and the seizure of the property. "; 9) of article 161, paragraph 3, of the second sentence " Disclosure of data on the private life of participants in criminal proceedings without their consent, as well as data on the private life of a minor victim under fourteen years of age, without the consent of its legal representative, it is permitted. "; 10) part two of article 163 to be supplemented by the word" victim "; 11) in Part 9 of Article 166 of the words" and shall be added to the criminal case "shall be replaced by the words", of the Criminal Code "(a) The name of the court is as follows:" Article 191. The details of the interrogation, confrontation, identification and verification of statements , involving a minor "; b), first set out in the following wording: " 1. When conducting an interrogation, confrontation, identification and examination of the testimony of a minor victim or witness who has not reached the age of sixteen or has reached that age but is suffering from a mental disorder or lagging behind in mental development, the participation of a teacher or a psychologist is compulsory. In the case of a minor who has reached the age of 16, a teacher or a psychologist is invited at the investigator's discretion. The said investigative actions involving a minor victim or a witness under the age of seven may not last for more than 30 minutes, but for a total of more than one hour, between 7 and 14 years of age One hour, and for a total of more than two hours, over two hours, more than two hours, and a total of more than four hours per day. The legal representative of a minor victim or witness is entitled to be present during the proceedings of the said investigation. "; in) to be supplemented with a third reading: " 3. The investigator has the right not to allow the minor victim or witness of his or her legal representative and (or) representative to participate in the questioning, if this is contrary to the interests of the minor victim or witness. In this case, the investigator shall be involved in the questioning of another legal representative of a minor victim or witness. "; g) to be supplemented with Part Four, as follows: " 4. When conducting an interrogation, confrontation, identification and examination of the testimony of a minor victim or witness who has not reached the age of sixteen or has reached that age but is suffering from a mental disorder or lagging behind in mental development, in criminal cases of crimes against sexual inviolability of a minor, the participation of a psychologist is obligatory. "; d) be supplemented with the fifth reading: " 5. The use of videotaping or filming is obligatory during the course of the investigative actions referred to in this chapter with the participation of a minor victim or witness, except in cases where the minor victim or the witness His legal representative object to that. Video recordings or filmmaking are kept in criminal proceedings. "; 13) Part 3 of article 195, after the word" defender ", add the words", the victim, its representative "; 14) in article 198: (a) paragraph 1 The first part, after the word "defender", should be supplemented by the words ", the victim, the representative"; (b) part two, as follows: " 2. The witness who was subject to the forensic examination is entitled to acquaint himself with the expert's opinion. "; (15) in article 206: (a) the first part after the words" shall be presented by the investigator "with the words" to the victim, The representative, "; b) in part two of the word" at the request of the victim, "and the words" victim and (or) ", delete, the word" it "should be replaced by the word" it "; 16), article 219 should be supplemented with Part Four, as follows: " 4. If the accused has filed an application for a special procedure in the cases provided for in article 314 of this Code, the investigator shall notify the victim of the filed application and inform him of the right to bring them to court. Objections (after criminal proceedings have been brought to court). "; 17) part two of article 2226-3 to declare void; 18) to supplement article 227 with part three: " 3-1. In the event that a criminal case has been ordered to keep the identity of the person involved in the criminal proceedings secret, the judge shall take measures to ensure that no other participants in the criminal proceedings have been informed of this decision. : "; 19) in article 281: (a) in Part Two, replace the words" parts of the second and sixth "; (b) the first part of the second paragraph after the words" and of " Play or film recordings of investigations carried out from their participation, "; in) to be supplemented with the sixth content: " 6. Disclosure of the testimony of a minor victim or witness, previously in the course of preliminary investigations or judicial proceedings, as well as a display of photographic negatives and photographs, of the slides made during the course of the proceedings interrogations, audio and video recording, filming of interrogations are carried out in the absence of a minor victim or witness without interrogation. At the request of the parties or on its own motion, the court shall make a reasoned decision on the need to question the minor victim or witness again. "; " 4. If, during the trial, the identity of the victim, witness or other participants in the criminal proceedings has not been disclosed, the court in the judgement refers to the pseudonym of these persons (stating this fact). "; 21) in article 313: (a) add the following content: " 2-1. In the case of the exercise of State protection against the convicted person, the court shall issue a determination or order to remove the security measures or to further apply those measures. "; b) in Part Four of the word" All decisions, Replace the present article with the words "The decisions referred to in paragraphs 1 to 3 of this article"; in addition to the fifth reading: " 5. In the event that, before the end of the proceedings, the victim or his or her legal representative has requested to be informed of the arrival of the sentenced person to the place where the sentence is served, the convicted person's departure from the prison The institution executing the sentence of deprivation of liberty on the time of release of the sentenced person from the place of deprivation of liberty, the court shall, at the same time, issue a ruling or order on the notification of the victim or his or her legal representative, a copy of which is sent with the copy of the indictment sentence to the institution or body responsible for the execution of the penalty. "; proceedings and "; 23) in paragraph 2 of part one of article 389-11 of the words" witnesses, experts and others in accordance with the request of the party declared in the complaint or the submission "to be replaced by" the parties, as well as in accordance with Application of the party filed in the complaint or submission, witnesses, experts and others persons ". Article 4 Act No. 119-FZ of 20 August 2004 on State protection of victims, witnesses OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3534; 2005, N 1, est. 25; 2007, N 31, est. 4011; 2010, N 15, article 1741; 2011, N 1, sect. (16) The following changes: 1): Article 2 should be supplemented with Part 5, as follows: " 5. Measures of State protection against protected persons may be imposed after a judgement, order for the release of a person from criminal liability or punishment and the use of coercive measures of medical care ";"; 2), article 10, paragraph 3, should read: " 3. When the protected person is relocated to another temporary place of residence, he or she is reimbursed for the costs of relocation, the material assistance he previously occupied, and the guarantees of employment for the former. or a similar place of work (service) or study is retained for the entire duration of his absence for the specified reason. "; 3) in article 18: (a) Part 6, amend to read: " 6. In accordance with this Federal Law and the Civil Law of the Russian Federation, the security measure for the election of the security measures provided for in article 6, paragraphs 1 to 8, of this Federal Act, shall enter into a written contract with the protected person setting out the conditions for the application of the elected security measure, as well as the rights and obligations of the security authority and the protected person in its application. The contract may reflect the marital status of the protected person in possession of the property, the civil and other legal obligations of the protected person, and the institution of the protected person. criminal or administrative proceedings, involving the protected person as an accused person, a civil defendant in a criminal case or as a civil defendant, other information relevant to the application of the measures safety. "; b) to be completed with Part 7, as follows: " 7. The safety authority provides psychological support to the protected person. "; 4) in article 20: (a) Part 1, as follows: " 1. Safety measures shall be waived if the grounds for their application as set out in article 16 of this Federal Act are eliminated, if the protected person refuses to conclude the contract provided for in article 18, paragraph 6, of this Federal Act. The law, or the continued application of security measures, is not possible due to the breach by the protected person of the terms of the contract. "; (b) of Part 7, as follows: " 7. In the case of the termination of a criminal case, for which the security measures are applied, the head of the investigation body, the head of the investigation body, the investigator with the consent of the head of the investigation body or the court (judge) shall take the case. A regulation (definition) on the abolition of security measures or their further application. In the event that the application of the security measures took place after the decision to terminate the criminal case was taken, the security measures provided for the grounds provided for in Parts 1 and 2 of this article shall be cancelled by a judge of the district or military court the appropriate level at the place where the security measure is located. "; in) to be supplemented by Part 8, reading: " 8. The court (judge), when deciding on the use of coercive measures or coercive measures of a medical nature, makes a decision (ruling) on the abolition of security measures or of their application. If the application of the security measures is carried out after the decision of the criminal case, the decision on the use of coercive measures of educational influence or coercive measures of a medical nature, the measures of security at the time of the criminal proceedings The existence of the grounds referred to in paragraphs 1 and 2 of this article shall be waived by a judge of the regional or military court at the appropriate level at the place where the security measure is located. "; 5), article 23, paragraph 1, shall be completed 7 to read: " 7) contact the authority; on security measures, psychological assistance. "; 6) Part 4 of Article 24 to supplement paragraph 5 with the following: " 5) to take measures to organize and carry out psychological support protected person. ". Article 5 Exempt from places of deprivation of liberty " (Legislative Assembly Russian Federation, 2011, 2037; 2013, N 27, sect. 3477) The following changes: 1) in Article 3: (a) Part 2 after the word "minor," with the words "except as provided for in Part 2-1 of this Article,"; b) to be supplemented by Part 2-1 of the following table of contents: " 2-1. Administrative supervision is established by the court in respect of a person who has committed a crime against the sexual inviolability of a minor under the age of 14 who has not reached the age of 14 and is suffering from a disorder sexual preference (paedophilia) not excluding liability, irrespective of the existence of the grounds provided for in part 3 of this article. The procedure for establishing and terminating administrative supervision over a specified person shall be in accordance with federal law. "; (2) in article 5: a), supplement paragraph 3 with the following: "(3) persons referred to in article 3, paragraphs 2-1, of this Federal Act, for the duration of the appointment of compulsory medical measures, but not less than the period fixed by the law of the Russian Federation for the purpose of repaying a criminal record."; (b) In Part 3, paragraph 1, the words "of the person referred to in article 3, paragraph 2" shall be replaced by the words " "persons referred to in parts 2 and 2-1 of Article 3"; 3) Part 2 of Article 9 add the following sentence: " The court in which an application for early termination of administrative supervision has been filed shall notify the victim and (or) his representative in writing on the date of the application for consideration. "; 4) article 12, part 1, to supplement paragraph 7 with the following: " 7) in writing to notify the victim and (or) his representative of the The termination of administrative supervision on the day of the termination of administrative supervision. "; 5) Article 13 should be supplemented with Part 4, as follows: " 4. With regard to the person referred to in article 3, paragraph 2, of this Federal Act, the procedure for the establishment and termination of administrative supervision shall be carried out in accordance with this Federal Act until the day of the entry into force of the Federal Act. administrative supervision of the said person. ". Article 6 Paragraph 21 of Article 2 of the Federal Law of 4 March 2013 Articles 62 and 303 of the Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 875) be declared invalid. Article 7 1. This Federal Law shall enter into force 10 days after the date of its official publication, with the exception of sub-paragraph 4 (b), (a), (b), (d) and (d) of paragraph 12 and subparagraph (c) of article 3, paragraph 19, of this Federal Act. of the law. 2. Paragraph 4 (b), subparagraphs (a), (b), (d) and (d) of paragraph 12 and subparagraph (c) of article 3, paragraph 19, of this Federal Act shall enter into force on 1 January 2015. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 28, 2013 N 432-FZ