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Amending Articles 62 And 303 Of The Criminal Code Of The Russian Federation And The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О внесении изменений в статьи 62 и 303 Уголовного кодекса Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации

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RUSSIAN FEDERATION FEDERATION LAW amending articles 62 and 303 Criminal Code of the Russian Federation and Criminal Procedure Code Russian Federation Federation Adopted by the State Duma on 19 February 2013 Approved by the Federation Council on 20 February 2013 (In the wording of Federal Law dated 28.12.2013. N 432-FZ) Article 1 Amend the Criminal Code of the Russian Federation (Legislative Assembly Russian Federation, 1996, 2954; 2003, N 50, sect. 4848; 2008, N 7, sect. 551; 2009, N 26, est. 3139; 2010, N 19, sect. 2289; 2011, N 11, sect. 1495; N 50, sect. 7362; 2012, N 49, sect. 6752) the following changes: (1) Part 5 of Article 62 shall be supplemented by the words "and, in the case referred to in Article 226-9 of the Code of Criminal Procedure of the Russian Federation, one second maximum term or the size of the strictest kind" " shall be punished by imprisonment for the term of up to five years, and shall be punished by imprisonment for the term of up to five years. "for a term of up to three years". Article 2 Amend the Code of Criminal Procedure of the Russian Federation (Collection of Russian legislation, 2001, N 52, sect. 4921; 2002, N 22, sect. 2027; N 30, est. 3015, 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 28, sect. 2975, 2976; N 31, est. 3452; 2007, N 1, est. 46; N 16, est. 1827; N 24, sect. 2830, 2833; N 31, est. 4008, 4011; N 49, sect. 6033; N 50, sect. 6235, 6236, 6248; 2008, N 49, sect. 5724; 2009, N 11, est. 1267; N 18, sect. 2145; N 26, st. 3139; N 44, est. 5170; 2010, N 1, est. 4; N 11, est. 1168; N 15, est. 1756; N 21, sect. 2525; N 27, st. 3427, 3431; N 30, est. 4003; N 31, est. 4164, 4193; N 49, sect. 6412; 2011, N 1, st. 16, 45, N 15, sect. 2039; N 23, st. 3259; N 29, est. 4286; N 30, sect. 4598, 4601, 4605; N 45, sect. 6323, 6334; N 50, est. 7361, 7362; 2012, N 10, st. 1162, 1166; N 24, est. 3070; N 26, st. 3440; N 30, est. 4172; N 31, est. 4330, 4331, 4332; N 49, sect. 6752; N 53, sect. 7637), the following changes: 1) in paragraph 25 of Article 5 of the words "and indictment" to replace the words ", indictment or indictment"; 2) in article 37, paragraph 2: (a) paragraph 14 should read as follows: "14) to confirm the indictment, indictment or indictment in the criminal case;"; b) in paragraph 15 of the word "or indictment" to read ", indictment or of the indictment "; 3) in article 47: (a) Part the first addition to paragraph 3, reading: "3) is the indictment."; (b) in paragraph 2 of Part Four of the word "or indictment" to be replaced by ", indictment or indictment "; (4) Part three of article 49 to supplement paragraph 6 with the following: " (6) from the commencement of the proceedings affecting the rights and freedoms of the person under review "Reports of an offence in the manner provided for in article 144 of the present Code." 5) in article 51: (a) the first part of the following addition to paragraph 8: " 8) the suspect declared a request for the criminal proceedings to be made in an abbreviated form in the manner prescribed by chapter 32-1 of this Code. "; b) Part 2 should read: " 2. In the cases referred to in paragraphs 1 to 5 of Part One of this article, the participation of the defence counsel shall be provided in the manner prescribed by article 49, paragraph 3, of this Code, and in the cases referred to in paragraphs 6, 7 and 8 of part one of this article, since the application of at least one of the accused motions for the consideration of a criminal case by a jury or a motion for consideration of a criminal case in accordance with the procedure established by chapter 40 of this Code or from the moment The suspects ' applications for criminal proceedings are in order, The words "or indictment" in part three of article 88 of this Code are replaced by the words ", the indictment or the indictment"; 7) in Part 5 of Article 115, the first sentence delete; 8) in article 144: (a) Part 1 should read: " 1. The person conducting the initial inquiry, the body conducting the initial inquiry, the investigator, the head of the investigating body must accept, verify the communication of any committed or imminent crime and, within the limits of the competence established by this Code, take a decision on it within a period of time. Not later than 3 days after the receipt of the specified message. When examining the crime report, the person conducting the initial inquiry, the body of inquiry, the investigator, the head of the investigation body is entitled to receive explanations, samples for the comparative study, to exterminate documents and objects and to remove them in accordance with the procedure established by the law. by this Code, to appoint a forensic examination, to participate in its proceedings and to receive expert opinion within a reasonable period of time, to examine the place of the incident, documents, objects, corpses, examinations, and to demand production Documentary checks, audits, studies of documents, subjects, of corpses, to involve specialists in these activities, to give the body of inquiry a mandatory written order to conduct search operations. "; b) to supplement part of the first 1 with the following content: " 1-1. Persons participating in the proceedings in the examination of a crime report shall be informed of their rights and obligations under this Code and shall be able to exercise these rights in the part where The proceedings and the procedural decisions taken affect their interests, including the right not to testify against themselves, their spouse and other close relatives, the circle of which is determined by paragraph 4 of article 5 of this Code, to be assisted by counsel and to bring Complaints against acts (omissions) and decisions of the person conducting the inquiry, the body of inquiry, the investigator and the head of the investigating body in accordance with the procedure established by chapter 16 of this Code. The participants in the verification of the crime report may be warned of the non-disclosure of pre-trial proceedings in accordance with the procedure established by article 161 of this Code. If necessary, the security of the pretrial person is ensured in the manner prescribed by Part 9 of this Code, including when receiving a crime report. "; in) to supplement the first part of the first. , to read: " 1-2. The information obtained in the course of the verification of the crime may be used as evidence, subject to the provisions of articles 75 and 89 of this Code. If, after the initiation of a criminal case by the defence or the victim, an application for the production of additional or retrial expertise will be made, such a motion shall be satisfied. "; d) Part Three, set out in , to read: " 3. The head of the investigative body, the head of the inquiry is entitled, on the basis of a reasoned application of the investigator, to extend the period of up to 10 days, as set out in the first part of this article. Where necessary, the head of the investigating body, at the request of the investigator, is required to produce documentary audits, audits, forensic examinations, studies of documents, objects, corpses, as well as to conduct search operations at the request of the investigator. At the request of the person conducting the initial inquiry, the person is entitled to extend this period up to 30 days, with the mandatory indication of the actual circumstances leading to the extension. "; Content: " 1-1. The knowledge is produced in general or in an abbreviation form. "; 10) Part one of Article 154 to supplement paragraph 5 with the following: " 5) selected suspects for whom preliminary investigation shall be carried out in accordance with the procedure established by chapter 32-1 of the present Code if, in the case of other suspects or accused persons, preliminary investigations are carried out in a general manner. "; 11) Part 6 of article 164 to be supplemented with a proposal , to read: " Before the beginning of the investigation, the investigator Aalerts the persons involved in the investigation of the use of technical means. "; 12) in article 170: (a), in the first word," In the cases provided for in articles 115, 177, 178, 181-184, Part 5 of Article 185, part one Article 186, article 7, paragraph 2, of the Code: "Replace in the cases provided for in article 182, part three of article 183, articles 184 and 193 of this Code"; " 1-1. In the cases provided for in articles 115, 177, 178, 181, 181, 183 (except in the cases provided for in part three, 1), article 185, paragraph 5, article 186, and article 194 of the present Code, the witnesses shall take part in the investigation. at the discretion of the investigator. If, in these cases, the investigator's decision is not taken part in the investigation, the application of the technical means of fixing the course and the results of the investigation is mandatory. If, in the course of an investigation, the use of a technical means is not possible, the investigator shall make a record in the record. "; in) the fourth paragraph should read: " 4. In the case of participation of the witnesses who are understood by the investigator before the beginning of the investigation, in accordance with article 164, paragraph 5, of this Code, explains the purpose of the investigation, their rights and the responsibility provided for under article 60 of the present Code. Code. "; 13) Part Two of Article 176 should read: " 2. The examination of the scene of the incident, documents and objects may be made prior to the opening of the criminal case. "; 14) in article 177: (a) the first part of the void; b) in part three of the word" signed of the investigator and understood "shall be replaced by the words" signed by the investigator "; in the fourth word" understood, others "delete; (15) in article 178: (a) in the first word" understood, " delete; b) in Part Four of the word "If necessary", replace "inspection" by "inspection"; (16) In Part 5 of Article 185, the words "with the participation of the employees of this institution" should be deleted; 17) in article 186, paragraph 7, of the words "with the participation of witnesses and, if necessary, the expert" should be replaced with the words " with the participation of Professional (if necessary) "; 18) in Part 5 of Article 186-1" with the participation of the understood and (if necessary) specialist "to read" with the participation of a specialist (if necessary) "; 19) Part 4 of Article 195 to be supplemented with the following sentence: " Forensic examination may be Appointed and made prior to the opening of the criminal case. "; (20) Part 1 of article 202 should be amended to read: " 1. The investigator is entitled to obtain samples of the handwriting or other samples for the comparative study of the suspect, the accused, the witness, the victim and, in accordance with article 144, paragraph 1, of the present Code, for other natural persons and Representatives of legal persons in cases where there is a need to verify whether they have been left behind in a particular place or physical evidence, and to draw up a protocol in accordance with articles 166 and 167 of the present Code, with the exception of Participation requirements. Obtaining samples for a comparative study can be made before a criminal case is opened. "; 21) section VIII to supplement Chapter 32-1 with the following content: " CHAPTER 32-1. RECOGNITION IN REDUCED FORM Article 226-1. The base and order of inquiry in the abbreviation 1. The abbreviation shall be in accordance with the procedure set out in chapter 32 of this Code with the exceptions provided for in this chapter. 2. An abrid-shaped knowledge is made on the basis of a request by the suspect for a criminal inquiry in an abbreviation form, and subject to the following conditions: 1) criminal proceedings have been instituted against of a person on the grounds of one or more of the offences set out in article 150, paragraph 1, of the present Code; 2), the suspect shall declare his guilt, the nature and the amount of the damage caused by the offence, and not [ 1] challenges the legal assessment of the act given in the decision to institute criminal proceedings; 3) there are no circumstances provided for in article 226-2 of this Code, which exclude the production of an inquest in an abbreviated form. Article 226-2. Circumstances precluing the production of an initial inquiry in abbreviation 1. The knowledge cannot be produced in an abbreviation form in the following cases: 1) the suspect is a minor; 2) there are grounds for the application of compulsory medical measures in the order, of this Code; 3) the suspect belongs to the category of persons subject to the special procedure for criminal proceedings established by Chapter 52 of this Code; 4) is suspected of having committed two or more crimes, if at least one of them is not refers to the offences set out in article 150, paragraph 1, of the present Code; 5) the suspect does not own the language in which the criminal proceedings are conducted; 6) the victim objects to the proceedings Initial inquiries in a shortened form. 2. If the circumstances referred to in part one of this article become known or arise after the decision to make an initial inquiry is made in an abbreviated form, but before the criminal case is referred to the prosecutor for confirmation of the indictment The person who is in the process of making a criminal case shall issue a decision on the proceedings in the general procedure. If the circumstances referred to in part one of this article become known or arise after a criminal case has been filed with the prosecutor for the confirmation of the indictment and before the criminal case is referred to the court, the prosecutor shall accept The decision to send a criminal inquiry to the person conducting the initial inquiry in general. If the circumstances referred to in part one of this article are known or arise in the course of judicial proceedings before the removal of the court into the deliberation room for the judgement of the judgement, the judge shall return the criminal case to the procurator for the purpose of The transfer of his or her jurisdiction over the investigation and the proceedings of the inquest in general. Article 226-3. The rights and obligations of the participants in criminal proceedings in criminal proceedings in abbreviation 1. The participants in criminal proceedings in a criminal case where the initial inquiry is conducted shall have the same rights and duties as the participants in the criminal proceedings in the criminal case, which is the subject of a general inquiry. procedures, with the exceptions provided for in this article. (Spconsumed by Federal Law of 28.12.2013) N 432-FZ 3. The suspect, the accused, the victim or his or her representative may file a motion to stop the proceedings in an abbreviation form and to continue the initial inquiry at any time before the removal of the court to the consultation room for the judgement. Such a request shall be subject to the satisfaction of the person in whose proceedings the criminal case is being made. Article 226-4. Motion for an initial inquiry in the shortened form 1. Subject to the conditions laid down by this chapter for the production of an initial inquiry, before the first interrogation begins, the person conducting the initial inquiry explains to the suspect the right to request an abbreviated form, order and legal inquiry. The effect of the production of an inquest in an abbreviation form, as in the interrogation report of the suspect, is made in the appropriate manner. 2. The suspect has the right to submit an application for an abriddled inquiry not later than 2 days from the date on which he was informed of the right to make such a request. An application for an abbreviation is submitted to the person conducting the initial inquiry in writing and must be signed by the suspect, as well as by his or her defence counsel. 3. The request for an abbreviated inquiry received from the suspect is subject to examination by the person conducting the initial inquiry within a period of not more than 24 hours from the date of receipt. According to the results of the examination, the person conducting the initial inquiry makes one of the following orders: (1) satisfying the request and making a short form of inquiry; (2) denying the request if any The circumstances preventing the production of an inquest in an abbreviation form. 4. The order to satisfy the request and to make an inquest in an abridable form or order to refuse a request may be appealed in accordance with the procedure set out in chapter 16 of this Code. 5. The notification of the suspect's request and the proceedings in an abbreviation shall be sent to the procurator and the victim within 24 hours of the issuance of the relevant order. The notification to the victim explains the procedure and the legal consequences of the proceedings in an abbreviated form, as well as the right to object to the proceedings in an abbreviated form. Article 226-5. Evidence of proof in proceedings initial inquiry in abbreviation 1. The evidence in the criminal case shall be sufficient to establish the crime, the nature and the extent of the injury he has suffered and the guilt of the person in the commission of the offence, taking into account the circumstances of the present case. article. 2. The person conducting the initial inquiry is obliged to carry out only those investigative and other proceedings, the non-production of which may result in irreparable loss of the traces of the crime or other evidence. 3. Subject to the specific circumstances of the criminal case, the person conducting the inquiry is entitled: (1) not to verify the evidence unless they have been challenged by the suspect, his counsel, the victim or his representative; 2) not to question persons, which, in the course of the verification of the crime report, have been given explanations, except where additional, relevant facts are required to be established, the facts of which are not found in the material of a crime report, or we need to check the evidence, The credibility of which is contested by the suspect, his defence counsel, the victim or his representative; 3) not to order a forensic examination on the questions contained in the expert's opinion on the results of the study, In the course of the investigation of the crime report, except in the following cases: (a) the need to establish additional, relevant facts for the criminal case; b) the need to verify the conclusions of the specialist doubt as to the suspect, his counsel, the victim or his representative; (c) the existence of the grounds provided for in article 196 of this Code for the compulsory appointment of a forensic examination; 4) not to produce any other (c) Investigation and proceedings aimed at establishing the factual circumstances that are contained in the records of the verification of the crime, if such information meets the requirements for evidence of the Code. Article 226-6. The duration of the inquiry is abbreviation 1. The abbreviation must be completed within 15 days from the date on which the preliminary inquiry is made in an abbreviation form. This period includes the time from the day of the issuance of the order on the production of an initial inquiry in a shortened form until the day of the criminal case to the procurator with an order. 2. In the cases provided for in part nine of article 2226-7 of this Code, the duration of the initial inquiry set out in part one of this article may be extended by the prosecutor to 20 days. The decision to extend the period of initial inquiry shall be submitted to the procurator no later than 24 hours before the expiry of the period stipulated in the first part of this article. 3. The extension of the duration of an initial inquiry shall notify the suspect, counsel, victim and his or her representative in writing. 4. In the case of the termination of the initial inquiry in an abbreviation form and the continuation of the criminal proceedings in general terms, the duration of the initial inquiry shall be counted as part of the general duration of the preliminary investigation. Article 226-7. Ends an abbreviation 1. Having recognized that the necessary investigative actions have been carried out and the amount of evidence collected is sufficient for a reasonable conclusion about the commission of the crime by the suspect, the person conducting the initial inquiry makes an indictment. The indictment specifies the circumstances referred to in paragraphs 1 to 8 of part one of article 225 of the present Code, as well as references to the sheets of criminal proceedings. 2. The indictment shall be signed by the person conducting the initial inquiry and approved by the head of the body conducting the initial inquiry. 3. The indictment must be drafted no later than 10 days from the date of the decision on the production of the initial inquiry in an abbreviation form. If an indictment is made at that time, it is not possible because of the large volume of investigative and other proceedings whose proceedings, taking into account the characteristics of evidence provided for in articles 226 to 5 of the present report, are not available. The Code is compulsory and the inquiry is still in general order, and the person conducting the inquiry makes the relevant decision. 4. No later than 3 days from the date of the indictment, the accused and his or her defence counsel must be informed of the indictment and the file of the criminal case, as in the case law of the participants in the criminal proceedings. The criminal case file is checked accordingly. If the victim and/or his or her representative are present, the person concerned shall acquaint himself with the indictment and the materials of the criminal case within the same period of time as the records of the participants in the criminal proceedings The criminal case is also marked. 5. If it is not possible to complete the examination of the accused, his counsel, the victim and (or) his representative with the indictment and the materials of the criminal case within the time limit set in part four of this article, the inquest is made The decision of the person conducting the initial inquiry is still in general order. 6. The accused, his counsel, the victim and (or) his representative, before the end of the examination of the indictment and the materials of the criminal case, have the right to state the following motions: 1) on the recognition of the evidence referred to in An indictment which is inadmissible because of a violation of the law in obtaining such evidence; (2) on the production of additional investigative and other procedural actions aimed at filling the gap in the Criminal evidence collected in an amount sufficient to reasonable conclusion about the event of the crime, the nature and extent of the harm caused to them, and the guilt of the accused in the commission of the crime; 3) on the production of additional investigative and other proceedings aimed at on the verification of evidence that is questionable, which may affect the legality of the final judgement in the criminal case; 4) on the recount of the indictment if it does not meet the requirements Part One of this article. 7. If, until the end of the period of examination of the indictment and the materials of the criminal case against the accused, his counsel, the victim and (or) his representative, the motions referred to in part six of this article have not been made available, Applications were refused and the criminal case with the indictment was immediately forwarded to the prosecutor. 8. In the event that the application referred to in paragraph 4 of part 6 of this article is satisfied, the person conducting the initial inquiry within 2 days from the day of the completion of the examination of the accused, his counsel, the victim and/or his representative with the indictment, and The criminal case file is amended to provide the persons concerned with an opportunity to acquaint them with the amended indictment and refer the criminal case to the indictment approved by the court. The chief of the inquest body, the prosecutor. 9. If one of the motions referred to in paragraphs 1 to 3 of part 6 of this article is satisfied, the person conducting the initial inquiry within 2 days after the completion of the examination of the accused, his counsel, the victim and/or his representative with the indictment The order and the materials of the criminal case shall make the necessary investigative and other procedural actions, recount the indictment in the light of the new evidence, provide the said persons with an opportunity to become familiar with the matter. Indicative and supplementary materials The criminal case is filed with the indictment issued by the head of the body conducting the initial inquiry and the procurator. If it is not possible to forward the indictment and forward the criminal case to the prosecutor due to the large volume of investigative and other procedural actions, the duration of the inquiry may be extended to 20 days in the order, Part 2 of Article 226- 6 of this Code. If it is not possible to complete the initial inquiry in an abbreviated form and during that period the person conducting the initial inquiry shall continue the proceedings in the criminal case in general terms, as the relevant decision shall be made. 10. The indictment is accompanied by a certificate indicating the place of residence or the location of the persons to be called to the hearing, the chosen measure of restraint, the time spent in custody or house arrest, If the accused has been chosen as one of these measures of restraint, physical evidence, duration of an inquest, and if the accused has a victim, the measures taken to ensure their rights have been taken. The relevant sheets of the criminal case should be included in the certificate. Article 226-8. Decisions of the prosecutor in the criminal case filed with the indictment 1. The Prosecutor shall consider a criminal case filed with the indictment and, within 3 days, take one of the following decisions: (1) on the confirmation of the indictment and the referral of the criminal case to the court; 2) on the return of the criminal case for re-establishing the indictment if it does not comply with the requirements of Part I of Article 226-7 of this Code, with a period of not more than 2 days; 3) of the criminal case to the person conducting the initial inquiry to conduct the initial inquiry in the following Cases: (a) the existence of the circumstances provided for in Part One of Article 226-2 of this Code; b) if there were substantial breaches of the requirements of this Code in the criminal case, resulting in (c) If the evidence collected is not sufficient to substantiate the conclusion of the crime, the nature and the extent of the harm suffered, and the guilt of the person in the commission of the crime; g) availability of sufficient (c) The grounds for believing that the accused is self-accused; (4) to terminate the criminal inquiry on the grounds provided for in articles 24, 25, 27, 28 and 28 to 1 of the present Code. 2. When an indictment is confirmed, the prosecutor has the right to exclude certain charges or reclassify the charge as less serious. 3. A copy of the indictment with the annexes shall be served to the accused, his counsel, the victim and (or) his representative in accordance with the procedure established by article 222 of this Code. After the receipt of the copies of the indictment, the prosecutor sends the criminal case to the court, which shall notify the accused, his counsel, the victim and/or his or her representative. Article 226-9. The special features of the court proceedings in the criminal case, the inquest on which was conducted in an abridable form 1. In the criminal case, which is the subject of an abbreviation, the proceedings shall be conducted in accordance with the procedure laid down in articles 316 and 317 of this Code, with the exceptions provided for in this article. 2. The judgement shall be determined on the basis of the study and assessment of the evidence provided in the indictment, as well as additional information on the identity of the defendant, submitted in accordance with the procedure established in part three of the present report. articles. 3. At the request of the defence, the judge is entitled to admit to the criminal case and to take into account, when determining the sentence, duly completed documents containing additional data on the defendant's identity, including the existence of dependants, and Other data that could be taken into account as mitigating circumstances. 4. When an objection is raised by a party against further proceedings in a criminal case, the initial inquiry was conducted in an abbreviation form, with the application of a special trial procedure and, on its own initiative, In the event of a determination of the circumstances preventing a lawful, reasonable and just sentence, including if there are substantial grounds for believing that the defendant is self-informed, the judge shall rule on the return of the criminal case Prosecutor for the transfer of his or her jurisdiction Overall order. 5. The provisions of article 316, paragraph 6, of this Code are not applicable in criminal cases, which have been dealt with in an abbreviation form. 6. In the case of an order of conviction in a criminal case whose initial inquiry was conducted in an abbreviation form, the sentence imposed on the defendant could not exceed one second of the maximum sentence or the maximum penalty, provided for the crime committed. "; 22) in article 237: (a) in part one: , in paragraph 1, replace" indictment or indictment "with the words" indictment, indictment or an indictment ", the words" the conclusion or act " shall be replaced by In the words "the conclusion, act or judgment"; , in paragraph 2, replace the words "indictment or indictment" with the words "indictment, indictment or indictment"; b) add the following content to Part 1: " 1-1. Subject to the circumstances referred to in article 226-2 and part four of article 2226-9 of this Code, the judge, at the request of the party or on his own initiative, shall return the criminal case to the prosecutor for transfer of his jurisdiction and production inquests in general. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 4 March 2013 N 23-FZ