Article 6.1 of the Code of Criminal Procedure of the Russian Federation. Reasonable duration of criminal proceedings (current version)
1. Criminal proceedings are carried out within a reasonable time.
2. Criminal proceedings are carried out within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner provided for by this Code, but criminal prosecution, imposition of punishment and termination of criminal prosecution must be carried out within a reasonable time.
3. When determining a reasonable period of criminal proceedings, which includes for the person against whom criminal prosecution is carried out, the period from the date of commencement of the criminal prosecution, and for the victim or other interested person who has suffered harm by an act prohibited by criminal law, the period from the date of filing an application or reporting a crime until the day the criminal prosecution is terminated or a conviction is made, circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime are taken into account. crime or criminal case, the behavior of participants in criminal proceedings, the sufficiency and effectiveness of the actions of the court, the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and total duration of criminal proceedings.
3.1. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to suspend the preliminary investigation in a criminal case on the basis provided for in paragraph 1 of part one of Article 208 of this Code, circumstances such as legal and the actual complexity of the criminal case, the behavior of the victim and other participants in the pre-trial proceedings in the criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out for the purpose of timely initiation of a criminal case, identifying the person to be brought in as a suspect accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
3.2. When determining a reasonable period for applying a measure of procedural coercion in the form of seizure of property of persons who are not suspects, accused or persons legally liable for their actions, in the course of criminal proceedings, the circumstances specified in part three of this article are taken into account, as well as the general the duration of the application of procedural coercion in the form of seizure of property during criminal proceedings.
3.3. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to refuse to initiate a criminal case or to terminate a criminal case on the basis provided for in paragraph 3 of part one of Article 24 of this Code, the following are taken into account circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime or materials of a criminal case, the behavior of the victim, the person who has been harmed by an act prohibited by criminal law , other participants in pre-trial proceedings in a criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out in order to timely initiate a criminal case, identify the person to be brought in as a suspect or accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
4. Circumstances related to the organization of the work of the bodies of inquiry, investigation, prosecutor's office and court, as well as the consideration of a criminal case by various authorities cannot be taken into account as grounds for exceeding reasonable time limits for criminal proceedings.
5. If, after a criminal case has been received by the court, the case is not considered for a long time and the trial is delayed, interested persons have the right to apply to the chairman of the court to expedite the consideration of the case.
6. An application to expedite the consideration of a criminal case is considered by the chairman of the court no later than 5 days from the date of receipt of this application by the court. Based on the results of consideration of the application, the chairman of the court issues a reasoned resolution, which may set a date for holding a court hearing in the case and (or) other procedural actions may be taken to speed up the consideration of the case.
Article 6.1. Reasonable duration of criminal proceedings
Article 6.1. Reasonable duration of criminal proceedings
[Code of Criminal Procedure] [Part One] [Section I] [Chapter 2]
. Criminal proceedings are carried out within a reasonable time.
. Criminal proceedings are carried out within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner provided for by this Code, but criminal prosecution, imposition of punishment and termination of criminal prosecution must be carried out within a reasonable time.
. When determining a reasonable period of criminal proceedings, which includes the period from the moment the criminal prosecution begins until the termination of the criminal prosecution or a conviction, circumstances such as the legal and factual complexity of the criminal case, the behavior of the participants in the criminal proceedings, the sufficiency and effectiveness of the court’s actions are taken into account. , prosecutor, head of the investigative body, investigator, inquiry body, head of the inquiry body, head of the inquiry unit, investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and the total duration of criminal proceedings.
3.1. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to suspend the preliminary investigation in a criminal case on the basis provided for in paragraph 1 of part one of Article 208 of this Code, circumstances such as legal and the actual complexity of the criminal case, the behavior of the victim and other participants in the pre-trial proceedings in the criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out for the purpose of timely initiation of a criminal case, identifying the person to be brought in as a suspect accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
3.2. When determining a reasonable period for applying a measure of procedural coercion in the form of seizure of property of persons who are not suspects, accused or persons legally liable for their actions, in the course of criminal proceedings, the circumstances specified in part three of this article are taken into account, as well as the general the duration of the application of procedural coercion in the form of seizure of property during criminal proceedings.
3.3. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to refuse to initiate a criminal case or to terminate a criminal case on the basis provided for in paragraph 3 of part one of Article 24 of this Code, the following are taken into account circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime or materials of a criminal case, the behavior of the victim, the person who has been harmed by an act prohibited by criminal law , other participants in pre-trial proceedings in a criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out in order to timely initiate a criminal case, identify the person to be brought in as a suspect or accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
. Circumstances related to the organization of the work of the bodies of inquiry, investigation, prosecutor's office and court, as well as the consideration of a criminal case by various authorities cannot be taken into account as grounds for exceeding reasonable time limits for criminal proceedings.
. If, after a criminal case has been received by the court, the case is not considered for a long time and the trial is delayed, interested persons have the right to apply to the chairman of the court to expedite the consideration of the case.
. An application to accelerate the consideration of a criminal case is considered by the chairman of the court no later than 5 days from the date of receipt of this application by the court. Based on the results of consideration of the application, the chairman of the court issues a reasoned resolution, which may set a date for holding a court hearing in the case and (or) other procedural actions may be taken to speed up the consideration of the case.
