Home Press center The main problems of law enforcement in criminal cases in Russia
At the end of April, the Federal Chamber of Lawyers of the Russian Federation sent a certificate to the Ministry of Justice of the Russian Federation about the problems of law enforcement in criminal cases and the protection of the professional rights of lawyers. There are three blocks of problems, the solution of which is necessary first of all - due to their importance both for protecting the rights of our clients in specific cases, and in general for ensuring the rule of law in Russia.
Evidence and proof in criminal cases
This block of problems includes: 1) The absence in the Russian criminal process of separating evidence into pre-trial and judicial, the actual presumption of reliability and priority of preliminary investigation materials, as well as the “increased” legal force of the testimony of law enforcement officers . This state of affairs not only emasculates orality and spontaneity (Article 240 of the Code of Criminal Procedure of the Russian Federation), implements the principle of favoring the prosecution rather than the classical principle of favor defensionis, but also contradicts the practice of the ECtHR, which has repeatedly emphasized the importance of judicial evidence and o (ruling “Erkapic v . Croatia", complaint No. 51198/08).
2) Exaggerated importance of the announcement of pre-trial testimony. Article 276 and Article 281 of the Code of Criminal Procedure of the Russian Federation contain a closed list of cases that allow the disclosure of testimony. State prosecutors most often request the disclosure of pre-trial testimony, citing existing contradictions between it and the testimony given in court. What exactly these contradictions are and why they are significant is, as a rule, not substantiated, but the courts satisfy such requests. As a result, Part 1 of Article 276 and Part 3 of Article 281 of the Code of Criminal Procedure of the Russian Federation allow the court to first read out “protocol” testimony, and then prefer it to what was said directly at the court hearing.
In addition, in order to circumvent the requirements of Part 2.1 of Article 281 of the Code of Criminal Procedure of the Russian Federation, law enforcement officers more often began to conduct formal confrontations, including when those being interrogated refuse to testify, as well as in the absence of contradictions between previously received testimony. This does not provide anything new to prove, but it allows the courts to subsequently read out the pre-trial testimony of persons who failed to appear.
Confessions and confessions still remain the “queen of evidence”, to obtain which all the efforts of operational officers and investigators are directed (including methods of physical and psychological pressure). As a result, through confessions printed by the investigator “for qualifications”, the rest of the evidence base is “attached” to the interrogated person. It is also practiced to interrogate actual suspects first as witnesses, or to obtain information from them through an interview - both methods allow you to delay the appearance of a lawyer in the case and the person receiving legal assistance
3) “Classified” witnesses and protecting them from uncomfortable questions.
Classifying witnesses (especially in drug trafficking cases) has become extremely common. This is done in order to protect such a witness from inconvenient questions from the defense. Attempts to ask the witness a question aimed at clarifying his cooperation with law enforcement agencies, any interest in the outcome of the case, etc. are stopped by the judges.
Requests to disclose information about the identity of an anonymous witness are often rejected by the courts, including with the laconic formulation “the court does not have the authority to declassify witnesses.” Contrary to the legal positions of the ECtHR (see the ruling "Krasniki v. The Czech Republic", complaint No. 51277/99), the validity of classifying a witness by the courts is also not verified, the reality of the threat to the safety of the witness and the reasonableness of his personal fears are not assessed.
4) “Erosion” of the institution of (in)admissibility of evidence.
There is neither a detailed list of violations that entail the inadmissibility of evidence, nor specific official criteria for determining their materiality. As a result, judicial practice is developing in all possible directions; some courts recognize similar violations as “insignificant”, while others regard them as grounds for the inadmissibility of evidence. At the same time, the motivation for court decisions on petitions for the inadmissibility of evidence often leaves much to be desired.
5) The use of “motivation surrogates” by the courts.
Typical formulations are widely known in the legal community: “there is no reason not to trust...”, “the evidence has been assessed in its totality in accordance with the requirements of the article...”, “the court regards the arguments of the accused as a method of defense in order to reduce the degree of responsibility”, “the testimony of defense witnesses is called their acquaintance with the accused and the desire to help him avoid criminal liability, in connection with which the court treats them critically”, etc. Such “motivation surrogates” create the appearance of work done on the research and analysis of case materials, the regulatory framework, but, at the same time , describe this process extremely vaguely. By substituting the quoted phrases for any evidence in a judicial act, you can arbitrarily either “lower” the reliability of some or increase the reliability of others.
If the analysis of evidence and its description are replaced by “motivation surrogates,” then it becomes difficult to argue with a justification that does not exist. As a result, the judge is interested in a “smooth” decision with an abundance of “motivation surrogates”, which are difficult for the appellant/cassator to “catch onto” and build on them the arguments of the complaint. At the same time, inspection authorities extremely rarely react to the fact that the judicial acts being inspected are written “in general terms”, “shortly and indistinctly”.
Code of the Russian Federation dated December 18, 2001 No. 174-FZ
RUSSIAN FEDERATION
Criminal Procedure Code of the Russian Federation
Adopted by the State Duma on November 22, 2001
Approved by the Federation Council on December 5, 2001
(As amended by federal laws dated May 29, 2002 No. 58-FZ, dated July 24, 2002 No. 98-FZ, dated July 24, 2002 No. 103-FZ, dated July 25, 2002 No. 112-FZ, dated October 31, 2002 No. 133-FZ, dated 30.06.2003 No. 86-FZ, dated 04.07.2003 No. 92-FZ, dated 04.07.2003 No. 94-FZ, dated 07.07.2003 No. 111-FZ, dated 08.12.2003 No. 161-FZ, dated 22.04.2004 No. 18-FZ, dated June 29, 2004 No. 58-FZ, dated December 2, 2004 No. 154-FZ, dated December 28, 2004 No. 187-FZ, dated June 1, 2005 No. 54-FZ, dated January 9, 2006 No. 13-FZ, dated 03.03.2006 No. 33-FZ, dated 06.03.2006 No. 72-FZ, dated 07.03.2006 No. 97-FZ, dated 07.03.2006 No. 98-FZ, dated 07.27.2006 No. 153-FZ, dated 30.12.2006 No. 283 -FZ, dated 04/12/2007 No. 47-FZ, dated 04/26/2007 No. 64-FZ, dated 06/05/2007 No. 87-FZ, dated 06/06/2007 No. 90-FZ, dated 07/24/2007 No. 211-FZ, dated 24.07 .2007 No. 214-FZ, dated October 2, 2007 No. 225-FZ, dated November 27, 2007 No. 272-FZ, dated December 3, 2007 No. 322-FZ, dated December 3, 2007 No. 323-FZ, dated December 6, 2007 No. 335- Federal Law, dated 04.03.2008 No. 26-FZ, dated 11.06.2008 No. 85-FZ, dated 02.12.2008 No. 226-FZ, dated 22.12.2008 No. 271-FZ, dated 25.12.2008 No. 280-FZ, dated 30.12. 2008 No. 321-FZ, dated March 14, 2009 No. 37-FZ, dated March 14, 2009 No. 38-FZ, dated March 14, 2009 No. 39-FZ, dated April 28, 2009 No. 65-FZ, dated June 29, 2009 No. 141-FZ , dated July 18, 2009 No. 176-FZ, dated October 30, 2009 No. 241-FZ, dated October 30, 2009 No. 244-FZ, dated November 3, 2009 No. 245-FZ, dated December 17, 2009 No. 324-FZ, dated December 27, 2009 No. 346-FZ, dated December 27, 2009 No. 377-FZ, dated December 29, 2009 No. 383-FZ, dated February 21, 2010 No. 16-FZ, dated March 9, 2010 No. 19-FZ, dated March 9, 2010 No. 20-FZ, dated March 29, 2010 No. 32-FZ, dated April 7, 2010 No. 60-FZ, dated April 22, 2010 No. 62-FZ, dated April 30, 2010 No. 69-FZ, dated May 5, 2010 No. 76-FZ, dated May 19, 2010 No. 87-FZ, dated 07/01/2010 No. 132-FZ, dated 07/01/2010 No. 143-FZ, dated 07/01/2010 No. 144-FZ, dated 07/01/2010 No. 147-FZ, dated 07/22/2010 No. 155-FZ, dated 07/22/2010 No. 158-FZ, dated 07/23/2010 No. 172-FZ, dated 07/27/2010 No. 195-FZ, dated 07/27/2010 No. 224-FZ, dated 11/29/2010 No. 316-FZ, dated 11/29/2010 No. 318 -FZ, dated 29.11.2010 No. 323-FZ, dated 28.12.2010 No. 404-FZ, dated 28.12.2010 No. 427-FZ, dated 29.12.2010 No. 433-FZ, dated 29.12.2010 No. 434-FZ, dated 07.02 .2011 No. 4-FZ, dated 03/20/2011 No. 39-FZ, dated 03/20/2011 No. 40-FZ, dated 04/06/2011 No. 66-FZ, dated 05/03/2011 No. 95-FZ, dated 06/03/2011 No. 119- Federal Law, dated June 14, 2011 No. 140-FZ, dated July 11, 2011 No. 194-FZ, dated July 11, 2011 No. 195-FZ, dated July 20, 2011 No. 250-FZ, dated July 21, 2011 No. 253-FZ, dated July 21. 2011 No. 257-FZ, dated 06.11.2011 No. 292-FZ, dated 06.11.2011 No. 293-FZ, dated 06.11.2011 No. 294-FZ, dated 07.11.2011 No. 304-FZ, dated 21.11.2011 No. 329-FZ , dated 06.12.2011 No. 407-FZ, dated 06.12.2011 No. 408-FZ, dated 07.12.2011 No. 419-FZ, dated 07.12.2011 No. 420-FZ, dated 02.29.2012 No. 14-FZ, dated 01.03.2012 No. 17-FZ, dated 03/01/2012 No. 18-FZ, dated 06/05/2012 No. 51-FZ, dated 06/05/2012 No. 53-FZ, dated 06/05/2012 No. 54-FZ, dated 06/25/2012 No. 87-FZ, dated July 20, 2012 No. 121-FZ, dated July 28, 2012 No. 141-FZ, dated July 28, 2012 No. 142-FZ, dated July 28, 2012 No. 143-FZ, dated November 12, 2012 No. 190-FZ, dated November 29, 2012 No. 207-FZ, dated December 1, 2012 No. 208-FZ, dated December 30, 2012 No. 309-FZ, dated December 30, 2012 No. 310-FZ, dated December 30, 2012 No. 311-FZ, dated December 30, 2012 No. 312-FZ, dated 02/11/2013 No. 7-FZ, dated 03/04/2013 No. 23-FZ, dated 04/05/2013 No. 53-FZ, dated 04/05/2013 No. 54-FZ, dated 04/26/2013 No. 64-FZ, dated 06/07/2013 No. 122 -FZ, dated June 28, 2013 No. 134-FZ, dated July 2, 2013 No. 150-FZ, dated July 2, 2013 No. 166-FZ, dated July 2, 2013 No. 185-FZ, dated July 2, 2013 No. 186-FZ, dated July 23 .2013 No. 195-FZ, dated July 23, 2013 No. 198-FZ, dated July 23, 2013 No. 217-FZ, dated July 23, 2013 No. 220-FZ, dated July 23, 2013 No. 221-FZ, dated July 23, 2013 No. 245- Federal Law, dated 21.10.2013 No. 271-FZ, dated 21.10.2013 No. 272-FZ, dated 02.11.2013 No. 302-FZ, dated 25.11.2013 No. 313-FZ, dated 25.11.2013 No. 317-FZ, dated 21.12. 2013 No. 365-FZ, dated December 21, 2013 No. 376-FZ, dated December 28, 2013 No. 380-FZ, dated December 28, 2013 No. 382-FZ, dated December 28, 2013 No. 432-FZ, dated February 3, 2014 No. 3-FZ , dated 02/03/2014 No. 4-FZ, dated 02/03/2014 No. 5-FZ, dated 02/03/2014 No. 7-FZ, dated 03/12/2014 No. 29-FZ, dated 04/20/2014 No. 76-FZ, dated 05/05/2014 No. 98-FZ, dated 05.05.2014 No. 104-FZ, dated 05.05.2014 No. 105-FZ, dated 05.05.2014 No. 128-FZ, dated 05.05.2014 No. 130-FZ, dated 06.04.2014 No. 141-FZ, dated June 4, 2014 No. 142-FZ, dated June 28, 2014 No. 179-FZ, dated July 21, 2014 No. 218-FZ, dated July 21, 2014 No. 245-FZ, dated July 21, 2014 No. 251-FZ, dated July 21, 2014 No. 258-FZ, dated July 21, 2014 No. 269-FZ, dated July 21, 2014 No. 273-FZ, dated July 21, 2014 No. 277-FZ, dated October 22, 2014 No. 308-FZ, dated November 24, 2014 No. 370-FZ, dated 12/31/2014 No. 494-FZ, dated 12/31/2014 No. 505-FZ, dated 12/31/2014 No. 518-FZ, dated 12/31/2014 No. 520-FZ, dated 12/31/2014 No. 528-FZ, dated 12/31/2014 No. 530 -FZ, dated 12/31/2014 No. 532-FZ, dated 02/03/2015 No. 7-FZ, dated 03/08/2015 No. 36-FZ, dated 03/08/2015 No. 40-FZ, dated 03/08/2015 No. 41-FZ, dated 03/08 .2015 No. 47-FZ, dated March 30, 2015 No. 62-FZ, dated May 23, 2015 No. 129-FZ, dated June 8, 2015 No. 140-FZ, dated June 29, 2015 No. 190-FZ, dated June 29, 2015 No. 191- Federal Law, dated July 13, 2015 No. 228-FZ, dated July 13, 2015 No. 265-FZ, dated December 14, 2015 No. 380-FZ, dated December 29, 2015 No. 409-FZ, dated December 30, 2015 No. 437-FZ, dated December 30. 2015 No. 440-FZ, dated December 30, 2015 No. 441-FZ, dated March 2, 2016 No. 40-FZ, dated March 30, 2016 No. 78-FZ, dated May 1, 2016 No. 139-FZ, dated June 23, 2016 No. 190-FZ , dated 06/23/2016 No. 199-FZ, dated 06/23/2016 No. 220-FZ, dated 07/03/2016 No. 322-FZ, dated 07/03/2016 No. 323-FZ, dated 07/03/2016 No. 324-FZ, dated 07/03/2016 No. 325-FZ, dated 07/03/2016 No. 327-FZ, dated 07/03/2016 No. 329-FZ, dated 07/03/2016 No. 331-FZ, dated 07/06/2016 No. 375-FZ, dated 11/22/2016 No. 392-FZ, dated December 19, 2016 No. 436-FZ, dated December 19, 2016 No. 441-FZ, dated December 19, 2016 No. 457-FZ, dated December 28, 2016 No. 491-FZ, dated March 7, 2017 No. 33-FZ, dated March 28, 2017 No. 46-FZ, dated 03/28/2017 No. 50-FZ, dated 03/28/2017 No. 51-FZ, dated 04/03/2017 No. 60-FZ, dated 04/17/2017 No. 73-FZ, dated 06/07/2017 No. 115-FZ, dated 06/07/2017 No. 120-FZ, dated 07/01/2017 No. 137-FZ, dated 07/26/2017 No. 194-FZ, dated 07/26/2017 No. 203-FZ, dated 07/29/2017 No. 250-FZ, dated 07/29/2017 No. 251 -FZ, dated December 5, 2017 No. 387-FZ, dated December 20, 2017 No. 412-FZ, dated December 29, 2017 No. 467-FZ, dated December 29, 2017 No. 468-FZ, dated December 29, 2017 No. 469-FZ, dated December 31 .2017 No. 500-FZ, dated December 31, 2017 No. 501-FZ, dated February 19, 2018 No. 27-FZ, dated February 19, 2018 No. 31-FZ, dated April 18, 2018 No. 72-FZ, dated April 23, 2018 No. 96- Federal Law, dated 04/23/2018 No. 99-FZ, dated 04/23/2018 No. 114-FZ, dated 06/27/2018 No. 157-FZ, dated 07/19/2018 No. 205-FZ, dated 07/29/2018 No. 228-FZ, dated 07/29. 2018 No. 229-FZ, dated October 11, 2018 No. 361-FZ, dated October 30, 2018 No. 376-FZ, dated November 12, 2018 No. 411-FZ, dated November 12, 2018 No. 413-FZ, dated December 27, 2018 No. 509-FZ , dated December 27, 2018 No. 520-FZ, dated December 27, 2018 No. 530-FZ, dated December 27, 2018 No. 533-FZ, dated December 27, 2018 No. 543-FZ, dated December 27, 2018 No. 552-FZ, dated March 6, 2019 No. 21-FZ, dated 04/01/2019 No. 46-FZ, dated 07/03/2019 No. 160-FZ, dated 07/26/2019 No. 206-FZ, dated 07/26/2019 No. 209-FZ, dated 08/02/2019 No. 309-FZ, dated 02.08.2019 No. 315-FZ, dated 04.11.2019 No. 354-FZ, dated 27.12.2019 No. 498-FZ, dated 27.12.2019 No. 499-FZ, dated 27.12.2019 No. 500-FZ, dated 18.02.2020 No. 25-FZ, dated 04/01/2020 No. 73-FZ, dated 04/01/2020 No. 100-FZ, dated 04/07/2020 No. 112-FZ, dated 04/24/2020 No. 130-FZ, dated 07/20/2020 No. 224-FZ, dated 07/31/2020 No. 243-FZ, dated 10/15/2020 No. 328-FZ, dated 10/15/2020 No. 336-FZ, dated 10/27/2020 No. 352-FZ, dated 12/08/2020 No. 419-FZ, dated 12/08/2020 No. 425 -FZ, dated 02/24/2021 No. 15-FZ, dated 02/24/2021 No. 25-FZ, dated 03/24/2021 No. 49-FZ, dated 03/24/2021 No. 57-FZ, dated 04/05/2021 No. 67-FZ, dated 30.04 .2021 No. 111-FZ, dated 06/11/2021 No. 215-FZ, dated 07/01/2021 No. 241-FZ, dated 07/01/2021 No. 281-FZ, dated 07/01/2021 No. 285-FZ, dated 07/01/2021 No. 294- Federal Law)
PART ONE. GENERAL PROVISIONS
SECTION I. BASIC PROVISIONS
CHAPTER 1. CRIMINAL PROCEDURE LEGISLATION
Article 1. Laws defining the procedure for criminal proceedings
1. The procedure for criminal proceedings on the territory of the Russian Federation is established by this Code, based on the Constitution of the Russian Federation.
2. The procedure for criminal proceedings established by this Code is mandatory for courts, prosecutors, preliminary investigation bodies and inquiry bodies, as well as other participants in criminal proceedings.
3. Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of the legislation of the Russian Federation regulating criminal proceedings. If an international treaty of the Russian Federation establishes rules other than those provided for in this Code, then the rules of the international treaty apply. It is not permitted to apply the rules of international treaties of the Russian Federation in their interpretation that is contrary to the Constitution of the Russian Federation. Such a contradiction may be established in the manner prescribed by federal constitutional law. (As amended by Federal Law No. 419-FZ dated December 8, 2020)
Article 2. Operation of the criminal procedure law in space
1. Criminal proceedings on the territory of the Russian Federation, regardless of the place where the crime was committed, are conducted in accordance with this Code, unless otherwise established by an international treaty of the Russian Federation.
2. The norms of this Code also apply in criminal proceedings regarding a crime committed on an aircraft, sea or river vessel located outside the territory of the Russian Federation under the flag of the Russian Federation, if said vessel is registered at a port of the Russian Federation.
3. In cases provided for in Article 12 of the Criminal Code of the Russian Federation, certain procedural actions outside the territory of the Russian Federation may be carried out in accordance with the requirements of this Code. (Part introduced - Federal Law dated July 6, 2016 No. 375-FZ)
Article 3. Effect of the criminal procedure law in relation to foreign citizens and stateless persons
1. Criminal proceedings concerning crimes committed by foreign citizens or stateless persons on the territory of the Russian Federation are conducted in accordance with the rules of this Code.
11. In the cases provided for by part three of Article 12 of the Criminal Code of the Russian Federation, certain procedural actions outside the territory of the Russian Federation in relation to foreign citizens and stateless persons may be carried out in accordance with the requirements of this Code. (Part introduced - Federal Law dated July 6, 2016 No. 375-FZ)
2. Procedural actions provided for by this Code in relation to persons enjoying immunity from such actions in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation are carried out with the consent of the foreign state in whose service the person enjoying immunity is or was, or an international organization of which it is or was a member of the staff. Information about whether the person concerned enjoys immunity and what the scope of such immunity is provided by the Ministry of Foreign Affairs of the Russian Federation. (As amended by Federal Law No. 26-FZ dated March 4, 2008)
Article 4. Operation of the criminal procedure law in time
In criminal proceedings, the criminal procedural law in force during the performance of the corresponding procedural action or adoption of a procedural decision is applied, unless otherwise established by this Code.
Article 5. Basic concepts used in this Code
Unless otherwise specified, the basic terms used in this Code have the following meanings:
1) alibi - the location of the suspect or accused at the time of the commission of a crime in another place;
2) appellate instance - a court that considers criminal cases on appeal based on complaints and submissions against sentences, rulings and court decisions that have not entered into legal force; (As amended by Federal Law No. 433-FZ dated December 29, 2010)
3) close persons - other, with the exception of close relatives and relatives, persons who are related to the victim, witness, as well as persons whose life, health and well-being are dear to the victim, witness due to established personal relationships;
4) close relatives - spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren;
5) verdict - a decision on the guilt or innocence of the defendant made by a jury;
6) state prosecutor - an official of the prosecutor's office supporting the prosecution on behalf of the state in court in a criminal case; (As amended by Federal Laws No. 58-FZ dated May 29, 2002; No. 87-FZ dated June 5, 2007)
7) investigator - an official of the inquiry body, authorized or authorized by the head of the inquiry body to carry out a preliminary investigation in the form of an inquiry, as well as other powers provided for by this Code; (As amended by Federal Laws No. 58-FZ dated May 29, 2002; No. 92-FZ dated July 4, 2003)
inquiry is a form of preliminary investigation carried out by an inquiry officer (investigator) in a criminal case in which a preliminary investigation is not necessary; (As amended by Federal Law No. 58-FZ dated May 29, 2002)
9) pre-trial proceedings - criminal proceedings from the moment of receiving a report of a crime until the prosecutor sends a criminal case to the court for consideration of its merits;
10) dwelling - an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and used for permanent or temporary residence, as well as other premises or structure not included in the housing stock, but used for temporary residence;
11) detention of a suspect - a measure of procedural coercion applied by the body of inquiry, inquiry officer, investigator for a period of no more than 48 hours from the moment of actual detention of a person on suspicion of committing a crime; (As amended by Federal Law dated June 5, 2007 No. 87-FZ)
111) court conclusion - a conclusion about the presence or absence of signs of a crime in the actions of a person in respect of whom a special procedure for criminal proceedings is applied; (Clause introduced - Federal Law dated 04.07.2003 No. 92-FZ)
12) legal representatives - parents, adoptive parents, guardians or trustees of a minor suspect, accused or victim, representatives of institutions or organizations in whose care the minor suspect, accused or victim is, guardianship and trusteeship authorities; (As amended by Federal Law No. 92-FZ dated 04.07.2003)
13) selection of a preventive measure - the adoption by the inquirer, investigator, as well as the court of a decision on a preventive measure in relation to the suspect or accused; (As amended by Federal Law dated June 5, 2007 No. 87-FZ)
131) property - any things, including cash and certified securities; non-cash funds held in accounts and deposits with banks and other credit institutions; uncertificated securities, the rights to which are recorded in the register of owners of uncertificated securities or the depository; property rights, including claims and exclusive rights; (Clause introduced - Federal Law dated June 29, 2015 No. 190-FZ)
14) cassation instance - a court that considers criminal cases in cassation based on complaints and submissions against sentences, rulings and court decisions that have entered into legal force; (As amended by Federal Law No. 433-FZ dated December 29, 2010)
141) control of telephone and other conversations - listening and recording conversations using any means of communication, inspection and listening to phonograms; (Clause introduced - Federal Law dated 04.07.2003 No. 92-FZ)
15) the moment of actual detention - the moment of actual deprivation of freedom of movement of a person suspected of committing a crime, carried out in the manner established by this Code;
16) supervisory authority - the Presidium of the Supreme Court of the Russian Federation, which considers criminal cases in the manner of supervision based on supervisory complaints and submissions against sentences, rulings and court decisions that have entered into legal force; (As amended by Federal Law No. 433-FZ dated December 29, 2010)
17) head of the inquiry body - the official heading the relevant inquiry body, as well as his deputy; (As amended by Federal Law No. 440-FZ dated December 30, 2015)
171) head of the inquiry unit - an official of the inquiry body, heading the corresponding specialized unit that carries out a preliminary investigation in the form of an inquiry, as well as his deputy; (Clause introduced - Federal Law dated 06.06.2007 No. 90-FZ)
18) (Clause has lost force - Federal Law dated 06/05/2007 No. 87-FZ)
19) urgent investigative actions - actions carried out by the body of inquiry after the initiation of a criminal case, in which a preliminary investigation is mandatory, in order to detect and record traces of a crime, as well as evidence that requires immediate confirmation, seizure and research;
20) non-involvement - unidentified involvement or established non-involvement of a person in the commission of a crime;
21) night time - the period of time from 22 to 6 hours local time;
22) accusation - an allegation that a certain person has committed an act prohibited by criminal law, brought forward in the manner established by this Code;
23) ruling - any decision made collectively by the courts of the first, appellate and cassation instances, with the exception of the verdict and cassation ruling; (As amended by Federal Law No. 433-FZ dated December 29, 2010)
24) bodies of inquiry - state bodies and officials authorized in accordance with this Code to carry out inquiry and other procedural powers;
241) obtaining information about connections between subscribers and (or) subscriber devices - obtaining information about the date, time, duration of connections between subscribers and (or) subscriber devices (user equipment), subscriber numbers, other data allowing to identify subscribers, as well as information about the numbers and location of transceiver base stations; (Clause introduced - Federal Law dated 01.07.2010 No. 143-FZ)
25) decision - any decision, with the exception of a sentence, made by a single judge; a decision made by the presidium of the court when reviewing the relevant court decision that has entered into legal force; the decision 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 inquirer, made during pre-trial proceedings, with the exception of the indictment, indictment or indictment; (As amended by Federal Law No. 440-FZ dated December 30, 2015)
26) presiding judge - a judge who presides over a court hearing during a collegial consideration of a criminal case, as well as a judge considering a criminal case alone;
27) presentation - an act of the prosecutor’s response to a court decision, submitted in the manner established by this Code;
28) verdict - a decision on the innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, made by the court of first instance or appeal;
29) application of a preventive measure - procedural actions carried out from the moment the decision is made to select a preventive measure until its cancellation or change;
30) juror - a person invited in the manner prescribed by this Code to participate in the trial and render a verdict;
31) prosecutor - the Prosecutor General of the Russian Federation and the prosecutors subordinate to him, their deputies and other officials of the prosecutor's office participating in criminal proceedings and vested with the corresponding powers by the federal law on the prosecutor's office; (As amended by Federal Law No. 92-FZ dated 04.07.2003)
32) procedural action - investigative, judicial or other action provided for by this Code;
33) procedural decision - a decision made by the court, prosecutor,
FAQ:
- Is it possible to apply a special procedure for trial in connection with the consent of the accused with the charge (Chapter 40 of the Code of Criminal Procedure of the Russian Federation) to minor accused?
- Is it possible to qualify the criminal actions of the accused as committed publicly in cases where prohibited information was disseminated on the Internet on a personal page on the social network “VK”, but with settings set to allow only network participants to view the disseminated information?
- Does the court or investigator (inquiry officer) have the right to appoint a specific lawyer to the accused as a defense attorney in accordance with Art. 49-51 Code of Criminal Procedure of the Russian Federation?
- What is the procedure for compensation for damage caused as a result of the criminal actions of several defendants?
- During the debate, does the defense attorney have the right to evaluate as inadmissible that evidence in respect of which the court previously refused to satisfy a petition to declare it inadmissible?
- Is it possible to terminate a criminal case for tax crimes in connection with compensation for damage to the budget system of the Russian Federation without involving a specific person as a suspect or accused?
