Advanced Search

On The Application Of The Provisions Of The Criminal Code Of The Russian Federation And Of The Code Of Criminal Procedure Of The Russian Federation In The Territories Of The Republic Of Crimea And The City Of Federal Significance Of Sevastopol

Original Language Title: О применении положений Уголовного кодекса Российской Федерации и Уголовно-процессуального кодекса Российской Федерации на территориях Республики Крым и города федерального значения Севастополя

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
RUSSIAN FEDERATION FEDERAL LAW On the application of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in the territories Republic of Crimea and the city of federal significance of Sevastopol adopted by the State Duma on April 29, 2014 Article 1 Judicial proceedings in the territories of the Republic of Crimea and the city of federal importance In accordance with the rules established by the criminal procedure law of the Russian Federation, in accordance with the provisions of the Federal Constitutional Law Article 2 Crime and punishability of acts committed in the territories of the Republic of Crimea and the city of Sevastopol until 18 March 2014 are determined on the basis of the criminal legislation of the Russian Federation. It is not allowed to turn to the worst. Article 3 1. The materials at which the pre-trial investigation of the acts containing the indicia of crimes were not completed on 18 March 2014 (regardless of the nationality of the person suspected of committing a crime), is transmitted to the prosecutor for the determination of the type Criminal prosecution and jurisdiction in accordance with the Code of Criminal Procedure of the Russian Federation 2. As a result of the review of the materials referred to in part 1 of this article, the prosecutor, in accordance with article 37, paragraph 12, of article 37 Criminal Procedure Code of the Russian Federation issues a reasoned decision, which, together with the material received, sends to the relevant body of the preliminary investigation or the body of inquiry for adoption the solution provided by Criminal Procedure Code of the Russian Federation. Proceedings of a criminal offence by a private prosecutor pursuant to article 20, paragraph 4, of the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. In the event of a criminal proceeding pursuant to the procedure provided for in chapter 20 of the Code of Criminal Procedure of the Russian Federation The evidence has the same legal effect as if it had been obtained in accordance with the criminal procedure law of the Russian Federation. The assessment and verification of such evidence is carried out in accordance with the requirements set out in articles 87 and 88 of the Code of Criminal Procedure Russian Federation. 4. In the case where the act under which the pre-trial investigation was conducted is not an offence under the Criminal Code of the Russian Federation In the absence of a criminal case, a decision is taken in accordance with article 148 of the Criminal Procedure Code. of the Russian Federation. Article 4 Decision to discontinue proceedings in connection with the absence of a criminal offence, due to the absence of a criminal offence or the death of the suspect (defendant), The decision of March 18, 2014, has the power to refuse to open a criminal case. An appeal against such a decision shall be made in accordance with the procedure established by the Code of Criminal Procedure of the Russian Federation, subject to the provisions of Part 19. Article 9 of the Federal Constitutional Law of 21 March 2014 "On the admission of the Republic of Crimea and education in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the federal city of Sevastopol ". Article 5 The duration of the preliminary investigation when initiating criminal proceedings on the basis of pre-trial investigation materials starts from the moment the criminal case is opened in The procedure set out in articles 162, 223 and 226-6 of the Code of Criminal Procedure of the Russian Federation. The time taken by the person during the pretrial investigation of the criminal offence was held in custody, under house arrest until 18 March 2014, and is counted as part of his or her detention or the period of house arrest During the period of the preliminary investigation, in accordance with articles 107 and 109 of the Code of Criminal Procedure of the Russian Federation. Article 6 1. The criminal proceedings, which are not scheduled for trial until 18 March 2014, are returned to the prosecutor. 2. In the case of criminal proceedings initiated prior to 18 March 2014, it is continuing in accordance with the procedure set out in the Criminal Procedure Code. The Code of the Russian Federation, in the absence of grounds for the return of the criminal case to the procurator, in accordance with article 237 of the Code of Criminal Procedure of the Russian Federation. At the request of the prosecutor, the actions of the defendant are subject to requalification by the court in accordance with the Criminal Code of the Russian Federation, not deteriorating. The defendant's position. The penalty is imposed on the basis of the requirements of article 10 of the Criminal Code of the Russian Federation. of the Court of Appeal in a criminal case to the court referred to in article 31, paragraph 3, of the Code of Criminal Procedure of the Russian Federation continues with the court hearing the case. 3. At the request of the parties to the criminal proceedings, the court is entitled to familiarize herself with the materials of the criminal case, which she has not previously been acquainted with by setting a time limit for such acquaintance. Article 7 The provision of Part Two, paragraph 2, of the Code of Criminal Procedure of the Russian Federation applies to " The territory of the Republic of Crimea and the federal city of Sevastopol will be on January 1, 2018. Article 8 1. The legal decisions taken in the territories of the Republic of Crimea and the city of Sevastopol before March 18, 2014, have the same legal force (including for the purposes of execution of criminal punishment) as the judicial decisions adopted by the courts. THE RUSSIAN FEDERATION 2. The complaints, the judicial decisions taken in the territories of the Republic of Crimea and the city of Sevastopol until March 18, 2014, are considered in order and time. Criminal Procedure Code of the Russian Federation, subject to article 9, paragraph 19, of the Federal Constitutional Law of 21 March 2014 N 6-FK "On admission to the Russian Federation" The Federation of the Republic of Crimea and the formation of new constituent entities in the Russian Federation-the Republic of Crimea and the city of federal significance Sevastopol. The judicial decisions rendered on the criminal proceedings in the territories of the Republic of Crimea and the city of Sevastopol until March 18, 2014, are recognized in the part concerning their execution in the territory of the Russian Federation, according to the law. THE RUSSIAN FEDERATION 4. In the event that the Criminal Code of the Russian Federation provides for a more lenient punishment or otherwise may improve the situation of the convicted person, His application or the submission of a procurator, an institution or a penal institution, the court decision shall be brought into conformity with the law of the Russian Federation in the manner prescribed by articles 397 and 399 Article 9 , caused to citizens as a result of criminal prosecution in the territories of the Republic of Crimea and the city of Sevastopol until March 18, 2014, shall not be refunned in accordance with the procedure provided for in Chapter 18 of the Code of Criminal Procedure of the Russian Federation. Article 10 This Federal Law applies to legal relations related to acts committed in the territories of the Republic of Crimea and the city of Sevastopol until March 18, 2014. Article 11 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 May 2014 N 91-FZ