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Amending The Code Of Criminal Procedure Of The Russian Federation And Articles 1 And 3 Of The Federal Law "on Amending The Code Of Criminal Procedure Of The Russian Federation And Repealing Certain Legislative ...

Original Language Title: О внесении изменений в Уголовно-процессуальный кодекс Российской Федерации и статьи 1 и 3 Федерального закона "О внесении изменений в Уголовно-процессуальный кодекс Российской Федерации и признании утратившими силу отдельных законодательных...

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RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Procedure Code of the Russian Federation and articles 1 and 3 of the Federal Law 'On amendments to the law' of the Russian Federation's Code of Criminal Procedure and the Recognition of the Power of Certain Legislative Acts (Provisions of the Acts) of the Russian Federation on improvement issues procedures appeals Adopted by the State Duma on July 2, 2013 Approved by the Federation Council on July 10, 2013 (In the wording of the Federal Law from 31.12.2014 N 518-FZ) 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; N 50, sect. 4847; 2005, N 23, sect. 2200; 2006, N 23, sect. 2379; N 31, st. 3452; 2008, N 49, sect. 5724; 2009, N 1, est. 29; N 44, sect. 5173; N 52, sect. 6422; 2010, N 14, sect. 1552; N 19, st. 2284; N 30, est. 3986; N 31, st. 4164; 2011, N 1, sect. 45; N 15, sect. 2039; N 25, est. 3533; N 29, st. 4285; N 45, sect. 6322, 6334; N 48, est. 6730; N 50, sect. 7362; 2012, N 10, est. 1162, 1166; N 24, est. 3071; N 31, sect. 4330; 2013, N 9, sect. 875; N 17, est. 2031) the following changes: 1) in article 30: (a) paragraphs 2 and 3 of Part Two: " (2) a judge of the federal court of general jurisdiction and a panel of twelve jurors on the motion Criminal proceedings against the offences referred to in article 31, paragraph 1, of the present Code, except for criminal cases under articles 205 and 206, paragraphs 2 to 4, 212, 276, 278, 279, 281 of the Criminal Code of the Russian Federation; 3) panel of three judges Federal court of general jurisdiction-criminal cases of crimes under articles 205, 206 parts of the second-fourth, 212 parts of the first, 275, 276, 278, 279, 281 parts of the second and third Criminal Code of the Russian Federation, and if available The motions of the accused prior to the appointment of the hearing in accordance with article 231 of the present Code-criminal cases concerning the offences provided for in articles 105, part two, 126 part three, 131 parts of the third, 132 Parts of the third to fifth, 134 parts of the fourth to sixth, 205-1, 205-2, 208 pieces First, 209, 210 parts one, third and fourth, 211, 227, 228-1 part of the fifth, 229-1 part of the fourth, 277, 281 part one, 295, 317, 353-358, 359 parts of the first and second and 360 of the Criminal Code of the Russian Federation; "; b) The third is to read: " 3. Criminal cases are dealt with on appeal: 1) in the district court, a judge of the district court alone; (2) in a higher court, a court composed of three judges of the federal court of general jurisdiction, with the exception of Criminal cases involving minor and moderate crimes, as well as criminal cases with appeal, representation of the interim decisions of the district court, the garrison military court, which are considered by the judge of the Supreme Court of the Republic, of a regional court or a regional court, a court of the city of federal importance, and the courts of the Autonomous Republic of the court of the autonomous district, the court of the district (naval) military court alone. "; 2), article 31, paragraph 3, should read: " 3. The Supreme Court of the Republic, the regional or regional court, the court of the city of federal importance, the court of the autonomous region, the court of the Autonomous Region, the district (naval) military court of the jurisdiction of the jurisdiction: 1) criminal cases concerning the offences envisaged Article 105, part two, 131, part five, 132 of the fifth, 134 part six, 205 part three, 206 part four, 210 parts of the fourth, 228 to 1 part of the fifth, 229-1 part of the fourth, 277, 281 part three, 295, 317, 357 of the Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION The provisions of the Criminal Code of the Russian Federation, as the most severe form of punishment, cannot be imposed for life imprisonment or the death penalty, as well as criminal cases concerning the offences set out in article 126 of Part Three, Part Four, Part Four, Part Four, 205 Parts One and Two, 206 Parts Two and Three, 209, 211, 212 Part One, 227, 275, 276, 278, 279, 281 parts of the first and second, 353-356, 358, 359 parts of the first and second, 360 Criminal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION A motion filed prior to the commencement of the trial; 3) criminal cases containing information constituting a State secret. "; The consideration of criminal cases by the courts may have an impact on comprehensiveness and "the objectivity of their authorization"; 4) in article 35: (a) in Part Three, "the President of a higher court or his substitute", to read "the judge of a higher court"; b) in Part Five, " consisting of three judges of the Supreme Court of the Russian Federation, "to be replaced by the words" by the judge of the Supreme Court of the Russian Federation "; , in the sixth word" presiding ", to read" judge "; g) in the first part for the seventh word "panel" to be replaced by "judge"; 5) Part two Article 229, supplement paragraph 7 with the following: "7) where there is a basis for the allocation of a criminal case."; The allocation of criminal cases to a separate proceeding in the cases provided for in this Code and on the appointment of a court session. "; 7) Chapter 34 to supplement article 239-1 as follows: " Article 239-1. Criminal proceedings In the case of the criminal case, the court may decide, on the basis of the grounds provided for in this Code, that a criminal case be made in a separate proceeding and referred to it as a court of jurisdiction. In accordance with article 31 of the present Code, if the separate consideration by the courts of criminal cases does not affect the comprehensiveness and objectivity of their authorization. "; " 5) by order of a judge of the Supreme Court of the Russian Federation-in The Appeals Chamber of the Supreme Court of the Russian Federation. "; 9) in Article 389-6: (a) add the following content to Part 1: " 1-1. The person who has submitted the appeal or submission shall be entitled to submit a motion for examination by the court of appeal of the evidence which has been examined by the court of first instance, in substantiation of the complaint or submission of arguments. What is to be indicated in the complaint or submission, and to bring the list of witnesses, experts and other persons to be called in for this purpose in court? If an application is made for a study of evidence which has not been examined by the court of first instance (new evidence), the person must substantiate in the appeal or the submission that the evidence cannot be presented to the court of the first instance. "; b) Part Four, as follows: " 4. In the event of non-conformity of the appeal, the filing of the claims in the first, first and second parts of this article, which precluates consideration of the criminal case, the appeal, the submission is returned by the judge, who assigns a time limit for recounting them. If the judge's demands are not complied with and the appeal is filed, the deadline for the submission of the judge's notice is not due. In this case, the judgement and the other judicial decision complained of are deemed to have entered into force. "; 10) part three of article 389-8 should read as follows: " 3. The appellative person is entitled to withdraw them before the start of the session of the court of appeal. In this case, the appeal proceedings are terminated. If the complaint, the submission is withdrawn prior to the appointment of the court of appeal, or brought by a person who has not been accorded such a right under article 389-1 of this Code, or brought to an intermediate court decision, of the appeal, the judge returns the complaint, the submission. "; 11) in article 389-11: (a) paragraph 4 of the first part shall be declared void; b) to be completed by Part Four of the following Content: " 4. The issue of bail, house arrest or remand in custody or extension of house arrest or remand in custody is considered by the judge at the request of the judge. The parties, or on their own initiative, with the participation of the defendant or the convicted person, his or her defence counsel, if he or she is involved in a criminal case, the legal representative of a minor defendant or convicted person, a public prosecutor and (or) a prosecutor in the procedure established by Article 108 of this Code. "; 12) in the article 389-13: (a) Part 6 should read: " 6. Requests by the parties for the study of evidence, including motions for the examination of evidence, which have not been examined by the court of first instance (new evidence), and of the summons of witnesses, experts and others to this end The courts shall be permitted by the courts in the manner prescribed by Parts One and Two of Article 271 of this Code. At the same time, the court may not refuse the application only on the ground that it was not satisfied by the court of first instance. "; b) to be supplemented with a portion of the following content: " 6-1. Evidence that has not been examined by the court of first instance (new evidence) is accepted by the court if the person making the application for their investigation has justified the impossibility of their submission to the court of first instance for reasons beyond the control of the court. "(13) in paragraph 6 of part one of article 389-20 of the words" of the indictment or "delete; 14) article 389-22 should be supplemented with the following content: " 1-1. Convictions on the basis of a jury verdict and contrary to him, provided the grounds provided for in part one of this article are to be rescinded with the transfer of the criminal case to a new trial, The sentencing, but the other composition of the court, from the time following the verdict of the verdict of the jury. "; (15) in part two of article 389-31: a) in paragraph 1 of the words" or the established circumstances that have been the basis for a judgement of acquittal or In paragraph 3, the words "in the indictment or acquittal, the judgement of the court of first instance" should be replaced by the words "in the conviction"; 16) Part two of article 389-32 should read as follows: " 2. The operative part of the sentence of appeal should include the decision to quash the conviction of the court of first instance and the conviction. "; 17) in part two of article 40 to 3: (a) paragraph 1 After the word "appellate", in paragraph 3, in paragraph 3, the words "appellate definition" should be replaced by the words "appellate actions and definitions"; 18) in paragraph 3 of part three of article 412-1 words " Definition of the Criminal Division of the Supreme Court of the Russian Federation The Federation and the definitions "shall be replaced by the judgements of the Appeals Chamber of the Supreme Court of the Russian Federation, the Judicial Chamber for Criminal Cases of the Supreme Court of the Russian Federation and"; 19) in article 463: a) Part Four of the words "from the day of receipt of a complaint by a court of three judges," to read "from the day of the complaint to the judge alone"; (b) the first part of the seventh sentence to read: " 7. As a result of the inspection, the judge issues one of the following orders: "; , in Part VIII, the word" court "should be replaced by the word" judge "; , Part 9, as follows: " 9. The decision of a judge to address a complaint or refusal to do so may be appealed to the Judicial Chamber for Criminal Cases of the Supreme Court of the Russian Federation. ". Article 2 class="doclink "href=" ?docbody= &prevDoc= 102167029&backlink=1 & &nd=102144581" target="contents"> dated December 29, 2010, N 433-FZ " On amendments to the Code of Criminal Procedure of the Russian Federation and the invalidation of the individual legislative acts (legislative provisions) of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 45; N 45, sect. 6324; 2012, N 24, sect. 3071) The following changes: 1) Paragraph 55, second paragraph 23 of Article 1 shall be declared void; 2) in Article 3: (a) Part 4: Amend Part 4 to read: " 4. Appeals, cassation and the submission of the prosecutor to judicial decisions made before the date of the entry into force of this Federal Act, as well as the supervisory appeals and submissions of the prosecutor not considered on the date of entry into force This Federal Law is considered by the rules in force until 1 January 2013. "; b) (Spending strength-Federal Law from 31.12.2014 N 518-FZ) Article 3 This federal law shall enter into force on 1 August 2013. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 July 2013 N 217-FZ