|
Arabic
Bengali
Chinese
English
French
German
Hebrew
Hindi
Italian
Japanese
Korean
Malay
Polish
Portuguese
Spanish
Turkish
Ukrainian
Vietnamese|
Lecture notes, cheat sheets
Criminal process. Lecture notes: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
Accepted abbreviations Constitution - The Constitution of the Russian Federation: adopted by popular vote on December 12, 1993 GK - Civil Code of the Russian Federation: part one dated November 30.11.1994, 51 No. 26.01.1996-FZ; part two dated January 14, 26.11.2001 No. 146-FZ; part three dated November 18.12.2006, 230 No. 3-FZ; part four dated December XNUMX, XNUMX No. XNUMX-FXNUMX. UK - Criminal Code of the Russian Federation dated 13.06.1996 No. 63-F3. Code of Criminal Procedure - Code of Criminal Procedure of the Russian Federation of December 18.12.2001, 174 No. XNUMX-FZ. ch. - head(s). n. - item(s). sub. - subparagraph(s). sec. - section(s). RF - Russian Federation. Art. - article(s). hours - part (s). 1 Theme The concept of criminal process, its essence and purpose 1.1. The concept, essence and significance of the criminal process The criminal process is the activity of the competent state bodies and officials in the investigation and consideration of criminal cases, based on the principles of criminal proceedings and regulated by the criminal procedure law. It is this activity of the preliminary investigation bodies, the prosecutor's office and the court, aimed at protecting citizens and society from criminal encroachments, that constitutes the content of the criminal process. Properties of criminal procedure activity: a) is a kind of state activity; b) can be carried out only by certain subjects - specially authorized state bodies and officials. Citizens and public associations can participate in it and actively influence its course; c) proceeds in a certain, clearly established form by law; d) has its own tasks. The purpose of the criminal process in accordance with Art. 6 of the Code of Criminal Procedure is the protection of the rights and legitimate interests of persons and organizations victims of a crime, as well as the protection of an individual from illegal and unreasonable accusations, convictions, restrictions on rights and freedoms. The criminal prosecution and the imposition of a just punishment on the guilty correspond to the purpose of criminal proceedings to the same extent as the refusal to prosecute the innocent, release them from punishment, and rehabilitate everyone who has been unjustifiably subjected to criminal prosecution. Thus, the criminal process is a type of state activity based on the principles of criminal proceedings and regulated by the criminal procedure law, which is carried out in a form determined by law by competent state bodies and officials with the participation of citizens and public associations and is aimed at protecting the rights and legitimate interests of persons and organizations that have suffered from a crime, protection of the individual from unlawful and unfounded accusations and convictions. Criminal proceedings are otherwise known as criminal proceedings. This concept covers all activities in the case, consistently carried out by the bodies of inquiry, the investigator, the prosecutor and the court. 1.2. Stages and proceedings in the system of criminal procedure Criminal procedural activity is carried out in a certain order, in stages. Such stages (parts) of procedural activity are called stages of the criminal process. They replace one another in strict sequence and are closely linked by common tasks and principles of legal proceedings. At the same time, each stage has its own immediate tasks, its own range of subjects, a certain form of procedural activity, the specific nature of criminal procedural legal relations and the final procedural decision (decision to initiate a criminal case, indictment, sentence, etc.), final activity at this stage and signifying the transition of the case to the next stage, the stage of the process. Each previous stage is a prerequisite for the next one, and each subsequent one contains control mechanisms for checking the activity at the previous stage. Together, the stages form the system of the criminal process. Staged construction of criminal proceedings provides a deep study of the circumstances of the criminal case and the establishment of the truth on it. The following stages of the Russian criminal process are distinguished: 1) initiation of a criminal case; 2) preliminary investigation; these stages of the process constitute pre-trial proceedings (part 2 of the Code of Criminal Procedure); all other stages of the process, the law relates to judicial proceedings (part 3 of the Code of Criminal Procedure): 3) preparatory actions of the judge for the court session; 4) legal proceedings; 5) proceedings in a court of second instance (review of court decisions that have not entered into force in an appeal and cassation procedure); 6) execution of the sentence. In addition to these six basic, there are two exceptional stages of the criminal process. Their exclusivity is explained by the fact that they can be carried out after the entry into force of the sentence and its execution. These are supervisory proceedings and the resumption of proceedings in a criminal case due to new or newly discovered circumstances. 1.3. Criminal procedural functions Criminal proceedings are made up of the activities of various entities. Each of them, in accordance with its tasks, acts in a certain direction. Such areas of criminal procedural activity, due to the role and purpose of its subjects, are called criminal procedural functions. The Code of Criminal Procedure identifies three main areas (functions) of criminal proceedings: criminal prosecution and prosecution, defense, and resolution of the case. Criminal prosecution is a procedural activity carried out by the prosecution in order to expose the suspected and accused of committing a crime (paragraph 55, article 5 of the Code of Criminal Procedure). An integral part of the function of criminal prosecution is an accusation, i.e., an allegation that a certain person has committed an act prohibited by criminal law, put forward in the manner prescribed by the Code of Criminal Procedure (clause 22, article 5). Depending on the nature and severity of the crime committed, criminal prosecution and prosecution are carried out in a public, private-public and private manner (Article 20 of the Code of Criminal Procedure). The vast majority of crimes are prosecuted in public. This activity is carried out by the prosecutor, investigator, body of inquiry with the participation of the victim (but without taking into account his will on the need to proceed with the case). Cases of crimes under Part 1 of Art. 115, part 1 of Art. 116, part 1 of Art. 129, Art. 130 of the Criminal Code, relate to cases of private prosecution. They are initiated only at the request of the victim (his legal representative) and are subject to termination upon reconciliation with the accused. The prosecution in such cases is supported by a private prosecutor. Cases of crimes under Part 1 of Art. 131, part 1 of Art. 132, part 1 of Art. 136, part 1 of Art. 137, part 1 of Art. 138, part 1 of Art. 139, art. 145, part 1 of Art. 146, part 1 of Art. 147 of the Criminal Code, criminal cases of private-public prosecution are considered. They are initiated only at the request of the victim or his legal representative, but are not subject to unconditional termination after his reconciliation with the accused. Such cases may be initiated by the investigator without a statement from the victim, as well as with the consent of the prosecutor by the interrogator, if the person, due to his dependent state, or due to the fact that he does not know the information about the offender, or for other reasons, cannot independently protect his rights. The function of defense against accusation is carried out by the suspect, the accused, their legal representatives, the defense counsel, the civil defendant and his representative and is expressed in their actions aimed at refuting the suspicion or accusation, at identifying circumstances mitigating their responsibility. The function of resolving a case (or administering justice) is carried out only by the court. Only the court has the right to find a person guilty and impose a criminal punishment on him (Articles 49, 118 of the Constitution). The main content of this function is the direct examination of the evidence presented by the parties and the resolution of the case on the merits. Criminal procedural functions divide the spheres of activity of the subjects of the criminal process. Each subject of the process can perform only one function. This provision is the basis for constructing an adversarial process. 1.4. Criminal procedural legal relations The legal form of criminal procedural activity is the specific legal relations that arise, develop and terminate in the implementation of the rights and obligations that state bodies and other participants in the process have. Therefore, the connection between criminal procedural activity and criminal procedural relations can be characterized as a connection between content (activity) and form (legal relationship). The circle of subjects entering into criminal procedural legal relations is diverse: state bodies and officials, citizens, representatives of public associations. But one of the participants in the criminal procedural legal relationship is always a state body (official) competent to carry out criminal procedural activities and endowed with authority. Criminal procedural relations arise from the moment a reason for initiating a criminal case appears. In their entirety, they find their manifestation and development at the stage of initiating a criminal case and during further proceedings on it. Central in the system of criminal procedure relations is the legal relationship between the court and the defendant. Features of criminal procedural legal relations are as follows: a) these relations are of a state-imperious nature and, as a rule, develop independently of the will of the participants in the process, by virtue of the provisions of the law; b) they are inextricably linked with criminal procedure activities, i.e. with the system of legally regulated actions of participants in the process; c) the circle of participants in criminal procedural legal relations is specific (one of the parties in them is always the state represented by the relevant competent officials); d) they are closely related to criminal law relations. The latter, however, does not mean that criminal procedural legal relations are brought to life and serve only as a form of criminal legal relations. The criminal process can also be carried out in the absence of criminal legal relations (in the course of proceedings for the application of compulsory medical measures). The derivativeness of criminal procedural legal relations from criminal legal relations does not mean that they arise directly as a result of a crime. The legal fact that entails the emergence of criminal procedural relations is the presence of a reason to initiate a criminal case. Therefore, the activities of the investigator and the inquirer in establishing the grounds for initiating a criminal case are already subject to the procedural order. 1.5. procedural form An integral property of criminal proceedings is the procedural form, that is, the procedure, the conditions that are established by the criminal procedure law for the actions of all participants in the process. In other words, the criminal procedural form is the procedure of criminal procedural activity provided for by law. It creates a detailed and strictly binding legal regime for the proceedings in all criminal cases. It is necessary to distinguish between the procedural form of individual actions, institutions and stages of the criminal process, as well as the procedural form of criminal proceedings as a whole. The value of the criminal procedure form is as follows. 1. It creates a stable regime for the production of criminal cases and ensures the legality in the activities of the court, the prosecutor and the bodies of preliminary investigation. Strict observance of the requirements of the criminal procedure form is an indispensable condition for the justice of court decisions. If during the commission of criminal procedural actions deviations from the requirements of the procedural form are allowed, then the results of such actions cannot be used in proof (Article 75 of the Code of Criminal Procedure). 2. The procedural form is designed to contribute to the correct establishment of the circumstances of a criminal case, since it contains the methods of criminal procedure knowledge developed in the science of the criminal process and tested in practice. 3. The procedural form ensures the activity of state bodies and officials conducting proceedings on the case, as it sets the time limits for the implementation of criminal procedural actions. 4. It is the most important guarantee of the rights and legitimate interests of the participants in the process. 5. The procedural form ensures the educational and preventive effect of criminal proceedings, increases the authority of the court, the persuasiveness of its sentence. Article 1 of the Code of Criminal Procedure provides that the procedure for criminal proceedings is mandatory for courts, prosecution authorities, preliminary investigation and inquiry authorities, as well as other participants in criminal proceedings. The criminal procedural law defines the sequence of criminal procedural actions, the methods and procedural conditions for their commission, the procedure for formalizing their results. The Code of Criminal Procedure provides for the sequence of stages of the process, the procedure for the participants in the process within each stage, the timing of individual actions, etc. But the unity of the procedural form does not exclude certain features in certain categories of criminal cases (in cases of juvenile crimes, in the application of coercive medical measures, etc.). 1.6. Criminal procedure acts An integral part of the criminal procedural form are criminal procedural acts. The Code of Criminal Procedure requires that all procedural actions and decisions be secured by drawing up relevant procedural documents. Without this, there is no criminal process, no criminal cases. All procedural documents can be divided into two groups: protocols and decisions. Protocols certify the fact of production, the content and results of investigative and judicial actions. Protocols can be divided into the following types: 1) protocols of investigative and judicial actions, which certify the circumstances relevant to the case. They are sources of evidence; 2) protocols of procedural actions of the preliminary investigation bodies to ensure the rights of participants in the process (for example, a protocol for familiarizing the accused with the materials of the criminal case); 3) protocols reflecting the fact of violation by any of the participants in the process of their duties. Decisions are procedural documents that contain answers to legal questions that arise in the course of the proceedings and implement the authoritative instructions of competent officials on certain legal actions. Decisions, unlike protocols, are acts of applying the rules of law and are characterized by a number of features: a) are issued only by state bodies or officials carrying out criminal procedural activities within their competence; b) express the authority of the official who issued them and are provided with the coercive power of the state; c) generate, change or terminate criminal procedural legal relations; d) are accepted in accordance with the procedure established by law and expressed in a certain form established by law. In their form, decisions, as a rule, consist of introductory, descriptive and resolutive parts. The content of the decision should reflect the purpose for which it is taken, the factual and legal grounds for its adoption, and the motives. The following groups of solutions can be distinguished: 1) resolutions - individual (as a rule) decisions of the inquirer, investigator, prosecutor, judge; 2) rulings - collegiate decisions issued by the court of first instance and higher courts; 3) sentence - a decision of a court of first instance or an appellate instance, issued on questions of the guilt or innocence of the defendant and on the appointment or release of him from punishment; 4) verdict - the decision of the jury on the guilt or innocence of the defendant; 5) representation of the prosecutor - an act of his reaction to the court decision or the decision of the investigator; 6) prosecutor's sanction - giving consent to the interrogating officer for the performance of certain procedural actions (for example, for the initiation of a petition before the court for the performance of a procedural action, which is allowed on the basis of a court decision). 1.7. Criminal Procedure Guarantees Criminal procedural guarantees are means and methods established by law to ensure the goals of the criminal process, which contribute to the successful administration of justice, the protection of the rights and legitimate interests of the individual. At the same time, procedural guarantees of justice simultaneously serve as guarantees of individual rights in criminal proceedings. They are inextricably linked and cannot be opposed to each other, since the exposure of the guilty and the correct resolution of the criminal case meet not only the interests of the victim, but also the interests of the whole society and the state, since the fight against crime is one of the most important state tasks. Participants in criminal procedure activities are endowed with certain rights and obligations, which determine their legal status. The real and active use of the rights granted by law by persons participating in criminal proceedings, in itself, already serves as one of the guarantees of the correct resolution of the case and the protection of their interests by the participants in the process. The Code of Criminal Procedure establishes means that provide participants in the process with a real opportunity to protect their rights. The court, the prosecutor and the bodies of preliminary investigation, in accordance with the Constitution, are obliged to respect the inviolability of the person, to protect the rights and freedoms of citizens. They have a duty to explain to the participants in the process their rights and provide real opportunities for the implementation of these rights. Thus, the rights of the citizens participating in the case correspond to the duties of officials engaged in criminal procedure. The court, the prosecutor and the preliminary investigation bodies not only have power over the participants in the process, but also bear obligations to them to ensure their rights and legitimate interests. As a guarantee of justice, the rights and interests of the individual in the criminal process in a broad sense, there is the procedure established by law for the implementation of criminal procedural activities (procedural form), as well as the supervision of higher courts over the activities of lower courts, prosecutorial supervision of the activities of preliminary investigation bodies, ample opportunity to appeal by all stakeholders decisions of state bodies and officials leading the process. 2 Theme Criminal Procedure Law 2.1. The concept and meaning of the criminal procedure law The criminal procedure law is the source of criminal procedure law, the only external form of its expression. It establishes the procedure for criminal proceedings, unified and mandatory in all criminal cases, for courts, prosecutors, preliminary investigation and inquiry bodies, as well as other participants in criminal proceedings (Article 1 of the Code of Criminal Procedure). The internal content of the criminal procedure law is the norms of criminal procedure law. The criminal procedure law regulates public relations in the field of criminal proceedings, i.e. the relations of state bodies and officials conducting criminal proceedings, among themselves and with other participants in the process, their mutual behavior, consisting in certain actions or in refraining from actions prohibited by law . Thus, the criminal procedure law creates the legal basis for criminal procedure activities aimed at protecting the rights and legitimate interests of the individual. The main elements of the legal regulation mechanism created by the criminal procedure law are that it: 1) sets certain tasks for the preliminary investigation bodies, the prosecutor and the court; 2) formulates the principles of their activity; 3) grant them the necessary powers; 4) indicates the grounds under which these powers can be exercised; 5) establish the procedure for the performance of procedural actions; 6) determine the rights and obligations of the participants in the proceedings. Subjecting procedural activity to careful legal regulation, the criminal procedure law at the same time leaves room for choosing the most appropriate legal means for solving emerging problems, for applying various tactics for carrying out certain actions. 2.2. The system of current criminal procedure legislation The basis of criminal procedure legislation, like any other branch of Russian legislation, is the Constitution. It has the highest legal force and direct action in the regulation of social relations. The Constitution formulates the foundations for the organization and activities of the court, the prosecutor's office, and fixes the most important principles for the implementation of criminal procedural activities. A special codified criminal procedure law is the Code of Criminal Procedure of the Russian Federation, which was adopted by the State Duma of the Federal Assembly of the Russian Federation on November 22, 2001. The Criminal Procedure Code was mainly put into effect on July 1, 2002, and finally on January 1, 2004. criminal proceedings in the territory of the Russian Federation. The system of criminal procedure legislation also includes a number of other federal laws that regulate the structure and competence of courts, the status of judges, the powers and principles of the prosecutor's office, the tasks and powers of the police, the principles of organization, the rights and duties of lawyers, etc. An integral part of the legal system of the Russian Federation are generally recognized principles and norms of international law and international treaties concluded by the Russian Federation, including those regulating human rights in the field of criminal justice. Therefore, they also belong to the system of the current criminal procedure legislation. If an international treaty of the Russian Federation establishes rules other than those provided for by the Code of Criminal Procedure, then the rules of the international treaty (Article 1 of the Code of Criminal Procedure) apply. Resolutions of the Plenum of the Supreme Court of the Russian Federation are of great importance to ensure the uniform and correct application of all these laws. They explain certain provisions of the criminal procedure law, contain a detailed analysis of the practice of applying the law, reveal the most typical mistakes in the activities of preliminary investigation bodies and courts, draw attention to shortcomings in the application of the law and explain its exact meaning. Resolutions of the Plenum of the Supreme Court of the Russian Federation cannot be considered sources of criminal procedure law, since they do not create new procedural rules, but are only acts of interpretation of such rules. At the same time, they are mandatory, instructive in nature for all bodies and officials conducting criminal proceedings. Thus, the decisions of the Plenum of the Supreme Court of the Russian Federation contribute to the full and correct implementation of the requirements of the law, the establishment of a uniform practice of its application. Decisions of the Constitutional Court of the Russian Federation have a special place in the criminal procedure application. Although they do not create new procedural norms, but if the Constitutional Court of the Russian Federation recognized the law applied in a particular case as inconsistent with the Constitution of the Russian Federation, then this excludes this law from the legal grounds in resolving all other cases, i.e., makes it impossible to continue its application . 2.3. The operation of the criminal procedure law in time, space and circle of persons Operation of the criminal procedure law in time: in criminal proceedings, the criminal procedure law is applied that is in force at the time of the production of the relevant procedural action or the adoption of a procedural decision, unless otherwise established by the Code of Criminal Procedure (Article 4). Operation of the criminal procedure law in space: criminal proceedings on the territory of the Russian Federation, regardless of the place where the crime was committed, are conducted in accordance with the Code of Criminal Procedure, unless otherwise established by an international treaty of the Russian Federation. The rules for the implementation of criminal procedural activities provided for by the Code of Criminal Procedure also apply in criminal proceedings on a crime committed on an aircraft, sea or river vessel that is outside the Russian Federation under its flag, if the specified vessel is assigned to the port of the Russian Federation (Article 2 of the Code of Criminal Procedure ). The effect of the criminal procedure law on the circle of persons: criminal proceedings on crimes committed by foreign citizens or stateless persons are conducted on the territory of the Russian Federation in accordance with the rules of the Code of Criminal Procedure. The procedural actions provided for by the Code of Criminal Procedure in relation to persons with the right of diplomatic immunity are carried out only at the request of these persons or with their consent, which is requested through the Ministry of Foreign Affairs of the Russian Federation (Article 3 of the Code of Criminal Procedure). 3 Theme Principles of criminal justice 3.1. The concept and meaning of the principles of criminal justice The criminal procedural activity is based on certain initial provisions that express its most important features and properties and determine the basis for its implementation. Such provisions are called the principles of criminal procedure. The principles of criminal procedure are objective in their content. They are determined by the economic and social realities that exist in society and reflect the level of democracy in society itself. The principles are normative in nature, that is, they are enshrined in the rules of law. The vast majority of the principles of criminal procedure are enshrined in the Constitution. At their core, procedural principles are imperative, i.e., domineering in nature. They contain mandatory prescriptions, the execution of which is ensured by the entire arsenal of legal means. It is the principles that determine the system of building criminal proceedings, its most important institutions, and at the same time they act as the most important guarantees for ensuring the rights of participants in the process and solving the problems facing criminal proceedings. Thus, the principles of the criminal process are the fundamental legal provisions enshrined in the Constitution and in the criminal procedural legislation that determine the procedure for the implementation of criminal procedural activities, expressing its most essential features and properties, guaranteeing the rights and legitimate interests of the participants in the process and ensuring the achievement of the objectives of criminal proceedings. . 3.2. The system of basic principles of criminal proceedings The principles of the criminal process do not operate in isolation, but within the framework of an integral system, where the significance of each principle is determined not only by its own content, but also by the functioning of the entire system. Violation of any principle of the process leads, as a rule, to a violation of other principles and thus to a violation of the law in the implementation of criminal procedural activities. Only in the system the principles of the criminal process acquire a true legal and social significance. In the Code of Criminal Procedure, a separate chapter is devoted to the principles of criminal proceedings. 2, in which the principles include: legality in criminal proceedings; administration of justice only by the court; respect for the honor and dignity of the individual; personal integrity; protection of human and civil rights and freedoms; the inviolability of the home; secrecy of correspondence, telephone and other conversations, postal, telegraphic and other messages; presumption of innocence; competitiveness of the parties; providing the accused and suspected with the right to defense; freedom of assessment of evidence, the language of criminal proceedings; the right to appeal proceedings and decisions. The classification of the principles of criminal proceedings is carried out on various grounds. Depending on the legislative consolidation, the principles of the criminal process can be divided into two groups: constitutional, that is, those that are enshrined in the Constitution, and others, that is, those that are enshrined in current legislation. In turn, the constitutional principles can be divided into general legal principles, which are significant not only in the field of criminal justice, but also in all other branches of state activity, and the actual sectoral criminal procedural principles. General legal principles include the principle of legality and the complex principle of respect for the rights and interests of the individual. In the field of criminal proceedings, these legal provisions are filled with specific content. The principle of legality in criminal proceedings means that the court, the prosecutor, the investigator, the body of inquiry and the inquirer are not entitled to apply the law that is contrary to the Code of Criminal Procedure. Violation of the Code of Criminal Procedure in the course of the proceedings entails the recognition of the evidence obtained as inadmissible. All decisions of the court, prosecutor, investigator, body of inquiry must be motivated (Article 7 of the Code of Criminal Procedure). The principle of legality covers all other principles of criminal proceedings, is common in relation to all other principles, which are various expressions of the principle of legality. The principle of respect for the rights and legitimate interests of the individual is a complex principle that includes a number of relatively independent provisions: respect for the honor and dignity of the individual, inviolability of the individual, protection of the rights and freedoms of man and citizen, inviolability of the home, privacy of citizens and the right to appeal proceedings and decisions . The Code of Criminal Procedure and many scientists consider each of these provisions as an independent principle of criminal procedure. Respect for the honor and dignity of the individual (Article 9 of the Code of Criminal Procedure) means that in the course of criminal proceedings, actions and decisions that degrade the honor of a person and human dignity or endanger the life and health of participants in the process are prohibited. No one may be subjected to violence, torture or other cruel and degrading treatment. In accordance with the rule on the inviolability of the person (art. 10 of the Code of Criminal Procedure), no one can be detained on suspicion of a crime or taken into custody in the absence of legal grounds provided for by the Code of Criminal Procedure. Without a court decision, a person cannot be detained for more than 48 hours. The court, the prosecutor, the investigator, the body of inquiry and the interrogating officer are obliged to immediately release any person illegally detained or deprived of liberty, or placed in a medical or psychiatric hospital, or held in custody for more than the period established by the Code of Criminal Procedure. Detention of arrested or detained persons must be carried out in conditions that exclude a threat to their life and health. The protection of the rights and freedoms of the individual in criminal proceedings (Article 11 of the Code of Criminal Procedure) is entrusted to the court, the prosecutor, the investigator, the body of inquiry and the inquirer, who are obliged to explain to the participants in the process their rights and responsibilities and ensure the possibility of exercising these rights. Persons with witness immunity, if they agree to testify, are warned that their testimony may be used as evidence. If there is sufficient evidence that the participants in the process, their close relatives or other close persons are threatened with the use of violence or other dangerous unlawful actions, the court, the prosecutor, the investigator, the body of inquiry and the inquirer shall take the security measures provided for by law in relation to these persons. The harm caused to a person as a result of violation of his rights by the court and officials carrying out criminal prosecution is subject to compensation in the manner and on the grounds established by the Code of Criminal Procedure. The inviolability of a dwelling (Article 12 of the Code of Criminal Procedure) means that its inspection is carried out only with the consent of the persons living in it or on the basis of a court decision, except in cases where the search, seizure and inspection of the dwelling and personal search cannot be delayed. A search and seizure of a dwelling may be carried out on the basis of a court decision, except in cases that brook no delay. The secret of the private life of citizens is the secret of correspondence, telegraph and other negotiations, postal, telegraphic and other messages (Article 13 of the Code of Criminal Procedure). Restriction of this right is allowed only on the basis of a court decision. A search, seizure of telegraph items, their seizure, control and recording of conversations can be carried out only on the basis of a court decision, except in cases that brook no delay. The right to appeal against procedural actions and decisions (Article 19 of the Code of Criminal Procedure) means that each participant in the process can appeal against any action and decision of the investigator, interrogator, prosecutor and court, which he considers illegal and unreasonable. Complaints are brought and considered in the manner prescribed by law. The sectoral principles include the following provisions: the administration of justice only by the court, freedom of evaluation of evidence, the language of legal proceedings, ensuring the right to defense to the accused and the suspect, the presumption of innocence, the adversarial nature of the parties. The principle of administration of justice only by the court provides for the exclusive right of the court to consider and resolve criminal cases. This principle is formulated in Art. 118 and disclosed in Art. 49 of the Constitution: no one can be found guilty of a crime and subjected to criminal punishment except by a court verdict and in the manner prescribed by the Code of Criminal Procedure. The defendant cannot be deprived of the right to have his criminal case considered in the court and by the judge to whose jurisdiction it is referred in accordance with the Code of Criminal Procedure. This principle creates such a legal regime in which the cancellation or change of a court decision is possible only by a higher court in a certain order established by law. Judicial decisions that have entered into legal force acquire universally binding significance for all state bodies, public associations and citizens. The principle of the language of criminal proceedings (Article 18 of the Code of Criminal Procedure) means that legal proceedings are conducted in Russian, as well as in the state language of the republics that are part of the Russian Federation. In military courts proceedings are conducted in Russian. Persons participating in the case, who do not speak or do not know enough the language in which the proceedings are conducted, must be explained and ensured the right to make statements, testify, file petitions and complaints, get acquainted with the case materials, speak in court in their native language or in another language, which they own; to use the services of an interpreter free of charge in the manner prescribed by the Code of Criminal Procedure. In the cases provided for by the Code of Criminal Procedure, investigative and judicial documents are subject to mandatory delivery to the suspect, the accused and other participants in the process in the language they speak. The principle of the presumption of innocence, enshrined in Art. 49 of the Constitution (Article 14 of the Code of Criminal Procedure), means that the accused is considered innocent until his guilt in committing a crime is proven in the manner prescribed by law and established by a court verdict that has entered into legal force. The presumption of innocence is an objective legal provision that expresses the attitude of the state towards a person accused (suspected) of committing a crime. This principle determines the legal status of the accused and the suspect in the course of criminal proceedings and entails a number of important legal consequences: 1) the suspect or the accused is not obliged to prove his innocence. The burden of proving the prosecution and refuting the arguments advanced in defense of the suspect or the accused lies with the prosecution; 2) a guilty verdict can be passed only if there is sufficient and reliable evidence and cannot be based on assumptions; 3) all doubts about guilt, which cannot be eliminated in accordance with the Code of Criminal Procedure, are interpreted in favor of the accused; 4) the unproven guilt of the accused in its legal consequences means proven innocence. The principle of freedom of assessment of evidence (Article 17 of the Code of Criminal Procedure) means that the inquirer, investigator, prosecutor and court evaluate the evidence in their entirety according to their inner conviction, guided by the law and conscience. However, they are not bound by the assessment of evidence that was given earlier in the case. No evidence has a predetermined force. The principle of ensuring the suspect and the accused the right to defense (Article 16 of the Code of Criminal Procedure) includes the following provisions: - the law gives the accused and the suspect a wide range of procedural rights, allowing them to challenge the accusation or suspicion brought against them, to prove their non-involvement in the crime; - they can exercise these rights personally or with the help of a defender and a legal representative. The defense counsel and the legal representative are independent participants in criminal proceedings and have a number of their own rights that allow them to assist the accused (suspect) in protecting their rights. Violation of the rights of the defender and legal representative always violates the rights of the defendants. In the cases provided for by the Code of Criminal Procedure, the mandatory participation of the defense counsel and the legal representative of the suspect and the accused is ensured by the officials conducting the proceedings. In the cases specified in the law, the suspect and the accused may use the assistance of a defense lawyer free of charge; - the right to protection is inseparable from the guarantees of its implementation. Such guarantees are the obligation of the court, the prosecutor, the investigator and the interrogator to explain to the suspect and the accused their rights and to provide the opportunity to defend themselves by all methods and means not prohibited by the Code of Criminal Procedure. The principle of competitiveness of the parties, enshrined in Art. 123 of the Constitution (Article 15 of the Code of Criminal Procedure), characterizes such a construction of the process, in which the functions of prosecution, defense and resolution of the case are demarcated between different subjects of the process, separated from each other. They cannot be assigned to the same body or the same official. The court is not a body of criminal prosecution, it does not act on the side of the prosecution or the defense. The court creates the necessary conditions for the parties to the prosecution and the defense of their procedural obligations and the exercise of the rights granted to them. The parties are endowed with equal procedural opportunities to defend their interests and are equal before the court. 4 Theme Participants in criminal proceedings 4.1. The concept and classification of participants in criminal proceedings A significant number of state bodies, officials, public associations and citizens are involved in the sphere of criminal procedure. They participate in the criminal process, have certain rights and obligations. The Code of Criminal Procedure uses the concept of "participants" for their designation (clause 58, article 5), and for their classification - the concept of "party" and such a criterion as the function performed by a participant in the process. In Art. 5 and in sec. II Code of Criminal Procedure, all participants in the process are divided into the following groups: 1) the court (carries out the function of resolving the case); 2) participants in the process from the side of the prosecution (these are those persons who perform or participate in the implementation of the function of criminal prosecution); 3) participants in the process from the side of the defense (performing the function of the same name) and 4) other participants in criminal proceedings (they participate in proving or perform an auxiliary role). 4.2. Court in the system of subjects of criminal process The exclusive jurisdiction of the court is the administration of justice. Only the court is authorized to recognize a person guilty of committing a crime and to impose a punishment on him, to apply compulsory medical measures to a person (Article 29 of the Code of Criminal Procedure). All previous pre-trial activities are carried out in order to ensure that the case can be considered by the court. The materials of the pre-trial proceedings and the conclusions of the investigator and the inquirer are only of preliminary significance for the court. The activity of the court is not limited to checking the materials of the preliminary investigation, it is independent. The conclusions of the investigator and the inquirer and the results of their assessment of the evidence do not bind the court. Only the evidence that was considered at the court session may be used to substantiate the verdict. The Code of Criminal Procedure gives the court a number of powers in pre-trial proceedings (part 2, article 29). In particular, the court decides: - on the application of a measure of restraint in the form of detention, house arrest, bail; - extension of the period of detention; - placement of the suspect and the accused in a medical or psychiatric hospital for the production of an examination; - inspection of the dwelling without the consent of the persons living in it; - search and seizure in the dwelling; - conducting a personal search, except for cases of a personal search during the arrest of a suspect; - production of seizure of items and documents containing state or other secrets protected by federal law, as well as items and documents containing information on deposits and accounts of citizens in banks and other credit organizations; - seizure of correspondence and its seizure; - attachment of property; - temporary suspension of the suspect or the accused from office; - control and recording of telephone and other conversations. 4.3. Participants in criminal proceedings on behalf of the prosecution This group of participants in the criminal process of the Code of Criminal Procedure includes the following persons and bodies: the prosecutor, the investigator, the head of the investigative body, the body of inquiry, the head of the inquiry unit, the interrogating officer, the private prosecutor, the victim, the civil plaintiff, their legal representatives and representatives. On the part of the prosecution, the participants in criminal proceedings are either entrusted with the obligation to carry out the function of criminal prosecution, or they have the right to take part in criminal prosecution. Thus, the goals and objectives of their activities are the same. But this does not mean that the methods and conditions for the implementation of this activity are the same. Each of the participants in this group uses special procedural means, is endowed with a different range of procedural rights and obligations. The prosecutor (Article 37 of the Code of Criminal Procedure) performs two interrelated functions in the criminal process: he carries out criminal prosecution and supervises the procedural activities of the preliminary investigation bodies. However, the prosecutor retained the powers of authority in the exercise of supervisory activities only in relation to the interrogating officer. In relation to the investigator, such powers of the prosecutor were transferred to the head of the investigative body. In addition, the Code of Criminal Procedure significantly limited the powers of the prosecutor to participate in criminal prosecution in pre-trial proceedings. During pre-trial proceedings, the prosecutor is authorized to: 1) verify compliance with the law when receiving, registering and resolving reports of crimes; 2) make a decision to send materials to the investigative body or body of inquiry for criminal prosecution on the facts of violations identified by the prosecutor; 3) demand from the bodies of inquiry and investigative bodies to eliminate violations of the law committed during the course of the inquiry or preliminary investigation; 4) give written instructions to the interrogating officer on the direction of the investigation, the performance of procedural actions; 5) give consent to the interrogating officer to initiate a petition before the court for the selection, cancellation or change of a measure of restraint or for the performance of another procedural action that is allowed on the basis of a court decision; 6) cancel illegal or unjustified decisions of a lower-ranking prosecutor and interrogating officer; 7) consider the information of the investigator submitted by the head of the investigative body on disagreement with the requirements of the prosecutor and take a decision on it; 8) participate in court hearings when considering, in the course of pre-trial proceedings, questions on choosing a measure of restraint in the form of detention, on extending the period of detention or on the abolition or change of this measure of restraint, as well as when considering petitions for the performance of other procedural actions that are allowed on the basis of a court decision, and when considering complaints; 9) to allow challenges filed with the interrogating officer, as well as his self-withdrawals; 10) remove the interrogating officer from further investigation if he violated the requirements of the Code of Criminal Procedure; 11) withdraw any criminal case from the body of inquiry and transfer it to the investigator with the obligatory indication of the grounds for such transfer; 12) transfer criminal cases from one body of preliminary investigation to another, withdraw any criminal case from the body of preliminary investigation of the federal executive body and transfer it to the investigator of the Investigative Committee under the Prosecutor's Office of the Russian Federation; 13) approve the decision of the interrogating officer to terminate the proceedings on the criminal case; 14) approve the indictment or indictment in a criminal case; 15) return the criminal case to the inquirer, investigator with his written instructions on conducting an additional investigation, on changing the scope of the accusation or qualifying the actions of the accused, or for redrawing the indictment or indictment and eliminating the identified shortcomings. In court, the prosecutor supports the state prosecution. An investigator (Article 38 of the Code of Criminal Procedure) is an official authorized, within the limits of his competence, to carry out a preliminary investigation in a criminal case. The guiding principle in the activities of the investigator is a comprehensive, complete and objective study of the circumstances of the criminal case. The Code of Criminal Procedure obliges the investigator to conduct an investigation quickly, actively, purposefully. The course and results of the trial largely depend on the quality of the preliminary investigation, since mistakes made by the investigator often lead to irreparable loss of evidence. The investigator independently makes decisions on initiating a criminal case, accepting a criminal case for his own proceedings or transferring it to the head of the investigative body for direction according to jurisdiction; on the performance of investigative and other procedural actions, except in cases where, in accordance with the Code of Criminal Procedure, it is required to obtain a court decision or the consent of the head of the investigative body. Written instructions of the investigator on the conduct of operational-search measures, the performance of certain investigative actions, on the execution of decisions on detention, bringing in, on arrest, on the performance of other procedural actions, are mandatory for their execution by the body of inquiry. The investigator has the right to appeal, with the consent of the head of the investigative body, the decision of the prosecutor to return the criminal case for additional investigation, change the scope of the charge or qualification of the actions of the accused, or redraw the indictment and eliminate the identified shortcomings. In case of disagreement with the requirements of the prosecutor to eliminate violations of federal legislation committed during the preliminary investigation, the investigator is obliged to submit his written objections to the head of the investigative body, who informs the prosecutor about this. The head of the investigative body is the official head of the relevant investigative unit, as well as his deputy. He exercises control over the timeliness of the actions of the investigator in the investigation of crimes, takes measures to increase the effectiveness of the investigation, to prevent red tape. In accordance with Art. 39 of the Code of Criminal Procedure, the head of the investigative body is endowed with the following powers: 1) entrust the conduct of a preliminary investigation to an investigator or several investigators, as well as withdraw the criminal case from the investigator and transfer it to another investigator or accept the criminal case for its own proceedings; 2) check the materials of the criminal case, cancel illegal or unfounded decisions of the investigator; 3) give instructions to the investigator on the direction of the investigation, the performance of certain investigative actions, the involvement of a person as an accused, the election of a preventive measure against the suspect, the accused, the qualification of the crime and the amount of the charge; 4) give consent to the investigator to initiate a petition before the court for the selection, extension, cancellation or change of the measure of restraint; 5) to allow challenges, declared to the investigator, as well as his self-withdrawals; 6) remove the investigator from further investigation; 7) cancel illegal or unjustified decisions of a lower head of an investigative body; 8) extend the term of the preliminary investigation; 9) approve the decision of the investigator to terminate the proceedings on the criminal case; 10) give consent to the investigator who conducted the preliminary investigation in the criminal case to appeal against the prosecutor's decision; 11) return the criminal case to the investigator with his instructions on conducting an additional investigation; The instructions of the head of the investigative body in a criminal case are binding on the investigator, except in cases where the head of the investigative body or the investigator disagrees with the demands of the prosecutor to eliminate violations of federal law committed during the preliminary investigation. At the same time, the prosecutor has the right to apply with a demand to eliminate these violations to the head of a higher investigative body. Body of inquiry, head of the unit of inquiry, interrogating officer (Articles 40, 40.1, 41 of the Code of Criminal Procedure). The bodies of inquiry are: 1) bodies of internal affairs and other bodies of executive power empowered to carry out operational-search activities; 2) chief bailiff of the Russian Federation, chief military bailiff, chief bailiff of a constituent entity of the Russian Federation, their deputies, senior bailiffs of the Constitutional, Supreme and Supreme Arbitration Courts; 3) commanders of military units, formations, heads of military establishments or garrisons; 4) bodies of state fire supervision of the federal fire service. The bodies of inquiry are entrusted with the implementation of operational-search activities, taking measures to detect crimes, identify the persons who committed them, suppress and prevent crimes. In addition, the law gives the bodies of inquiry the right to conduct an investigation in the form of an inquiry. At the same time, the competence of the bodies of inquiry to investigate a criminal case depends on whether a preliminary investigation is mandatory. If the preliminary investigation of the case is not necessary, the body of inquiry carries out pre-trial proceedings on the case in full and sends the case to the court. If, in accordance with the Code of Criminal Procedure, a preliminary investigation is mandatory in the case, then the body of inquiry has the right to perform only urgent investigative actions on it, and then is obliged to transfer the case to the investigator. In the latter case, the powers of the body of inquiry are also used by: - captains of sea and river vessels on a long voyage, if the crime was committed on a ship; - leaders of exploration parties and winter quarters remote from the location of the body of inquiry, if the crime was committed at the location of the party and winter quarters; - heads of diplomatic and consular institutions of the Russian Federation, if the crime was committed within these institutions. The law designates an institution or a person at the head of an institution authorized to conduct an inquiry as an inquiry body. Directly, the production of an inquiry in a specific case is entrusted by the head of the body of inquiry to the inquirer. The inquirer is authorized to independently carry out investigative and other procedural actions and make decisions, except when the consent of the head of the body of inquiry, the consent of the prosecutor and (or) a court decision is required (part 3 of article 41 of the Code of Criminal Procedure). The instructions of the prosecutor and the head of the body of inquiry are obligatory for the inquirer. Their appeal never suspends their execution. The head of the inquiry unit organizes the work of the cognition unit, instructs the investigators subordinate to him to check reports of a crime, resolve issues of initiating criminal cases and conducting urgent investigative actions on them, or conducting an inquiry in full. The head of the inquiry unit has the right to check the materials of criminal cases being processed by his subordinate investigators, to give instructions on the direction of the inquiry, on the performance of procedural actions, the election of a preventive measure against the suspect, on the qualification of the crime and the amount of the charge, to seize the criminal case from one investigator and transfer it to another, to cancel the unreasonable decisions of the interrogating officer to suspend the proceedings on the case and to submit proposals to the prosecutor on the cancellation of the unlawful decisions of the interrogating officer to initiate a criminal case. The head of the inquiry unit has the right to initiate a criminal case, accept it for his proceedings, and conduct an investigation in full. The victim (Article 42 of the Code of Criminal Procedure) is an individual who has suffered physical, property, moral harm by a crime, as well as a legal entity in the event of damage to his property and business reputation by a crime. The decision on recognition as a victim is formalized by a decision of the interrogating officer, investigator or court. The victim has the right: - be aware of the charges brought against the accused; - give evidence; - refuse to testify against himself, his close relatives; - present evidence, file motions and challenges; - use the free help of an interpreter; - have a representative; - participate with the permission of the investigator (inquirer) in investigative actions carried out at his request; - get acquainted with the protocols of investigative actions carried out with his participation; - get acquainted with the decision on the appointment of an examination and the expert's conclusion; - at the end of the preliminary investigation, get acquainted with all the materials of the case, write out any information from it in any volume, make copies of the case materials. With the participation of several victims in the case, each gets acquainted with the case only in the part related to causing harm to him; - receive copies of resolutions on initiating a case, recognizing it as a victim, on termination and suspension of proceedings on the case, copies of the verdict and decisions of higher courts; - participate in court proceedings in the courts of the first, second and supervisory instances; - to speak in court debates; - support the prosecution; - get acquainted with the protocol of the court session and bring comments on it; - bring complaints against the actions and decisions of the inquirer, investigator, prosecutor and court; - to appeal court decisions; - know about the complaints and presentations brought in the case and file objections to them; - apply for the application of security measures in relation to themselves and their loved ones; - exercise other powers provided for by the Code of Criminal Procedure. The victim is provided with compensation for the harm caused by the crime and the costs incurred in connection with his participation in the course of the preliminary investigation and trial, including the costs of a representative. The victim is not entitled to: - avoid appearing when summoned by an interrogating officer, investigator or in court; - give knowingly false testimony or evade giving evidence; - to disclose the data of the preliminary investigation. If the victim fails to appear without good reason, he may be subjected to forced bringing. For refusal to testify and for knowingly giving false evidence, the victim is liable under Art. 307, 308 of the Criminal Code; for disclosure of preliminary investigation data - under Art. 310 of the Criminal Code. In cases of crimes, the consequence of which was the death of the victim, his rights are transferred to one of his close relatives. If a legal entity is recognized as a victim, its rights are exercised by a representative. Participation in the case of the legal representative and the representative of the victim does not deprive him of the rights provided for by the Code of Criminal Procedure. A private prosecutor (Article 43 of the Code of Criminal Procedure) is a person who has filed an application (complaint) with a court in a criminal case of a private prosecution and who supports the prosecution in court. The private prosecutor has the following rights: - get acquainted with the materials of the case and prepare for participation in the trial; - present evidence and participate in their research; - Express to the court his opinion on the merits of the charges and other issues arising in the course of the trial, make proposals on the application of the criminal law and the imposition of punishment on the defendant; - present and support a civil claim; - Drop the charges and reconcile with the defendant. A civil plaintiff (Article 44 of the Code of Criminal Procedure) is an individual or legal entity that has filed a claim for compensation for property damage, if there is reason to believe that this damage was caused to him directly by a crime. The decision on recognition as a civil plaintiff is formalized by a court ruling or a decision of a judge, investigator, interrogating officer. A civil plaintiff may also bring a civil action for property compensation for moral damage. A civil claim is filed after the initiation of a criminal case until the end of the judicial investigation. The plaintiff is exempted from paying the state fee. A civil action in defense of the interests of a minor or other persons who cannot defend their interests themselves, or in the interests of the state, may be brought by the legal representatives of these persons or by a prosecutor. The civil plaintiff has the right: - support a civil claim; - present evidence; - to give explanations on the brought claim; - make petitions and challenges; - give explanations in the language he speaks and use the help of an interpreter free of charge; - refuse to testify against himself and his close relatives; - have a representative; - get acquainted with the protocols of investigative actions carried out with his participation; - participate with the permission of the investigator (inquirer) in investigative actions carried out at his request; - to refuse the civil claim brought by them. Prior to accepting the waiver of the civil claim, the inquirer, investigator, court shall explain to the civil plaintiff the consequences of the waiver of the civil claim; - at the end of the investigation, get acquainted with the case materials related to the stated claim, and write out any information from the case in any volume; - to know about the decisions taken affecting his interests, and to receive copies of the procedural decisions relating to the cat; - participate in court proceedings in the courts of the first, second and supervisory instances; - to speak in court debates, get acquainted with the minutes of the court session and bring comments on it; - bring complaints against the actions and decisions of the inquirer, investigator, prosecutor and court; - to appeal against court decisions in terms of a civil claim; - to know about the complaints and representations brought in the case and to file objections to them. The waiver of the claim may be declared at any time during the proceedings before the removal of the court to the deliberation room. The civil plaintiff is not entitled to disclose the data of the preliminary investigation if he was warned about it in advance. For the disclosure of such data, the civil plaintiff is liable under Art. 310 of the Criminal Code. Representatives of the victim, civil plaintiff and private prosecutor (Article 45 of the Code of Criminal Procedure) may be lawyers, and representatives of a civil plaintiff who is a legal entity - other persons authorized to represent his interests. By decision of the justice of the peace, one of the close relatives or another person may also be admitted as a representative of the victim and the civil plaintiff. If the victim is a minor or, due to his physical or mental condition, cannot independently protect his rights and interests, then the participation of his legal representative or representative is mandatory in the case. Legal representatives and representatives of the victim, civil plaintiff and private prosecutor have the same procedural rights as the persons they represent. Personal participation in the case of the victim, civil plaintiff and private prosecutor does not deprive them of the right to have a representative in this case. 4.4. Participants in criminal proceedings on behalf of the defense In accordance with the Code of Criminal Procedure, this group of participants in the process includes the suspect, the accused, their legal representative, defense counsel, the civil defendant and his representative. All of them carry out the function of protection, defending either their own rights or the rights of the persons they represent. To do this, the law gives them a wide range of procedural rights. A suspect (Article 46 of the Code of Criminal Procedure) is a person: 1) or against whom a criminal case has been initiated; 2) or detained on suspicion of committing a crime; 3) or against whom a measure of restraint has been applied prior to bringing charges. If the investigation is carried out in the form of an inquiry, the suspect may appear in the case in connection with notifying him of the suspicion of committing a crime. The main feature of the procedural position of the suspect is that he is a temporary participant in pre-trial proceedings. As a rule, a person may be in the position of a suspect for a short time: in the case of detention on suspicion of committing a crime - up to 48 hours, and in the case of a preventive measure before charges are brought - up to 10 days. Then the person is either charged, or the measures of procedural coercion chosen in relation to him are canceled. The suspect has the right: - know what he is suspected of and receive a copy of the decision to initiate a criminal case or a copy of the protocol of detention, or the decision to take him into custody; - give explanations about the existing suspicion or refuse to testify; - use the assistance of a defense lawyer and have meetings with him alone and confidentially from the moment preceding the first interrogation; - present evidence; - make petitions and challenges; - testify in the language he speaks and use the free assistance of an interpreter; - get acquainted with the protocols of investigative actions carried out with his participation; - participate with the permission of the investigator (interrogating officer) in investigative actions carried out at his request or at the request of his defense counsel and legal representative; - bring complaints against the actions and decisions of the inquirer, investigator, prosecutor and court; - defend themselves by other means and methods not prohibited by the Code of Criminal Procedure. The accused (Article 47 of the Code of Criminal Procedure) is a person against whom a decision has been made to bring him as an accused or an indictment. The accused has the right to defend his rights and interests by any means not prohibited by law, and have enough time to prepare for the defense. In particular, the accused has the right: - know what the accused is; - receive a copy of the decision to bring him as an accused, the decision to apply a measure of restraint, the indictment or the indictment; - object to the accusation, testify or refuse to testify; - present evidence; - make petitions and challenges; - testify in the language he speaks and use the free assistance of an interpreter; - to use the services of a defense counsel, including free of charge in cases established by law; - have meetings with the defense counsel in private from the moment preceding the first interrogation, without limitation of the number and duration; - get acquainted with the protocols of investigative actions carried out with his participation; - participate with the permission of the investigator (interrogating officer) in investigative actions carried out at his request or at the request of his defense counsel and legal representative; - get acquainted with the decision on the appointment of an examination, put questions to the expert and get acquainted with the expert's opinion; - to get acquainted at the end of the investigation with all the materials of the case and write out any information from it in any volume; - make copies of the case materials, including with the help of technical means at their own expense; - bring complaints against the actions and decisions of the inquirer, investigator, prosecutor and court and take part in their consideration by the court; - to object to the termination of the criminal case on non-rehabilitating grounds; - participate in court proceedings in the courts of the first, second and supervisory instances; - get acquainted with the protocol of the court session and bring comments on it; - to appeal court decisions; - receive copies of complaints and presentations brought in the case and file objections to them; - participate in the consideration of issues related to the execution of the sentence. In criminal cases on crimes of minors, the legal representatives of the accused and suspects are involved in the mandatory participation in the case (Article 48 of the Code of Criminal Procedure). Defender (Article 49 of the Code of Criminal Procedure) is a person who protects the rights and interests of suspects and accused persons and provides them with legal assistance in the proceedings. Lawyers are allowed as defenders. At the request of the accused, the court may admit, along with the lawyer, and the justice of the peace - instead of the lawyer - another person. The defender is allowed to participate in the case: 1) from the moment of issuing a decision to bring him as an accused; 2) from the moment of initiation of a criminal case, in which the investigation is carried out in the form of an inquiry, and cases of private prosecution; 3) from the moment of actual detention of a person as a suspect or his detention; 4) from the moment the decision on the appointment of a forensic psychiatric examination is announced to the suspect; 5) from the moment of implementation of other measures of procedural coercion or other procedural actions affecting the rights and freedoms of a person suspected of committing a crime; 6) from the moment of delivery of a notice of suspicion of committing a crime. One and the same person cannot be a defense counsel for two suspects or accused persons whose interests are contradictory. A lawyer has no right to refuse the defense he has taken on. The defense counsel is invited by the suspected, the accused, their legal representative and other persons on their behalf. At the request of the accused and the suspect, the participation of the defense counsel is provided by the interrogating officer, the investigator or the court. If the invited defense counsel fails to appear within five days, these officials offer the accused (suspect) to invite another defense attorney, and in case of refusal, they take measures to appoint a defense attorney. In case of refusal of the appointed defense counsel, the investigative action is carried out without the participation of the defense counsel, except in cases where the participation of the defense counsel is mandatory. If within 24 hours from the moment the suspect is arrested or the suspect or the accused is taken into custody, it is impossible for the defense counsel invited by him to appear, the inquirer or investigator shall take measures to appoint a defense counsel. If the suspect, the accused refuses to appoint a defense counsel, investigative actions with the participation of the suspect, the accused may be carried out without the participation of a defense counsel, except in cases where the participation of a defense counsel is mandatory. If a lawyer participates in a case by appointing an inquirer, investigator, prosecutor and court without concluding an agreement with the client, the costs of remuneration for his labor are charged from the federal budget. Cases of mandatory participation of a defense counsel (Article 51 of the Code of Criminal Procedure): 1) if the accused and the suspect have not refused the defense counsel; 2) in cases of juvenile crimes; 3) in cases of persons with physical and mental disabilities, due to which they cannot independently exercise their right to protection; 4) if the trial of the criminal case is conducted with the obligatory participation of the defendant; 5) in cases of persons who do not speak the language in which the proceedings are conducted; 6) in cases of persons accused of committing crimes for which a sentence of imprisonment for a term of more than 15 years, life imprisonment or the death penalty may be imposed; 7) in cases considered by a jury; 8) if the accused has filed a petition for the application of a special procedure for passing a sentence to him. The suspect and the accused may, at any time during the proceedings, refuse to have counsel. Refusal is allowed only on their initiative in writing and is recorded in the protocol of the relevant investigative action. Refusal of the defender is not obligatory for the interrogating officer, the investigator and the court. From the moment of admission to participation in the case, the defense counsel has the right (Article 53 of the Code of Criminal Procedure): - to have private visits with the defendant without limiting the number and duration; - collect and present evidence necessary for the provision of legal assistance in the manner prescribed by law, and involve a specialist; - to be present at the presentation of charges; - participate in the interrogation of the suspect, the accused and in other investigative actions conducted with the participation of the suspect, the accused or at his request; - get acquainted with the protocols of investigative actions carried out with the participation of the client, and at the end of the investigation - with all the materials of the case, write out any information from them in any volume, make copies at his own expense; - make petitions and challenges; - participate in the trial of the first, second and supervisory instances and in the consideration of issues related to the execution of the sentence; - make complaints; - use other, not prohibited by the Code of Criminal Procedure, means and methods of protection. An individual or legal entity is involved as a civil defendant by the decision of the inquirer, investigator, prosecutor or court, which, in accordance with the Civil Code, is liable for the harm caused by the crime (Article 54 of the Code of Criminal Procedure). The civil defendant has the right: - know the essence of claims and the grounds for their application; - to object to the brought civil claim; - testify on the merits of the claim in the language he speaks and use the free assistance of an interpreter; - refuse to testify against himself and his close relatives; - have a representative; - collect and present evidence; - make petitions and challenges; - at the end of the investigation, get acquainted with the materials of the criminal case relating to the declared civil suit, and make appropriate extracts and make copies of these materials at their own expense; - to participate in court proceedings in the courts of first and appellate instances and to speak in court debates; - bring complaints against the actions and decisions of the preliminary investigation bodies, the prosecutor and the court in part of the civil claim and participate in their consideration by the court; - get acquainted with the minutes of the court session; - appeal against the court decision in terms of a civil claim and participate in the consideration of the complaint by a higher court; - to know about the complaints and presentations brought in the case, affecting his interests, and to file objections to them. A civil defendant may not: - avoid appearing when summoned by the interrogating officer, investigator, prosecutor and court. Otherwise, it may be driven; - disclose the data of the preliminary investigation, if he was warned about it in advance. Otherwise, he may be held liable under Art. 310 of the Criminal Code. Lawyers may act as a representative of a civil defendant, and at his request, by decision of the preliminary investigation bodies and the court, other persons may also be admitted as representatives. If a legal entity acts as a civil defendant, then its interests may be represented by persons authorized to do so by the Civil Code. A representative of a civil defendant has the same rights as the person he represents. 5 Theme Evidence and evidence in criminal proceedings 5.1. General provisions of the doctrine of evidence and proof Characteristics of the process of proof as a kind of process of cognition. Criminal justice is a complex and multifaceted activity, which consists of various systems of action. It is based on the activity of clarifying the actual circumstances of the crime event, collecting and consolidating the facts confirming this event. This activity is always connected with the knowledge of the circumstances of the past, that is, those that were not witnessed by either the investigator or the court. They can learn the circumstances of the crime only indirectly, based on the factual data about the event that have remained in the objective world. Thus, the core of criminal procedural activity is the process of knowing the circumstances of the crime committed, subject to the purpose of criminal proceedings. It is carried out according to the general rules of cognitive activity. But a feature of the knowledge carried out by the bodies of preliminary investigation and the court is that it is of an authentic character: the facts and circumstances established during the investigation and trial must be confirmed by information fixed in the procedural form established by law in the materials of the criminal case. Because of this, knowledge in criminal proceedings is called proof. The norms of criminal procedural law that regulate this activity form the law of evidence. It is an organic part of criminal procedural law and can only be conditionally separated from its entire system. In the science of the criminal process and in the course of the academic discipline, it is customary to single out the doctrine of evidence and proof (the theory of evidence) as their integral part. The doctrine of evidence and proof, being the theoretical basis of the law of evidence, studies legal norms that determine the procedural order of proof; studies the concept of evidence, the concept of the subject of proof, the structure of the process of proof; explores the role of scientific and technological progress in proving, etc. Knowledge in the criminal process is based on the main provisions of epistemology, which provide a universal methodological key to understanding the circumstances of the crime committed. Knowledge in the criminal process has a number of features due to criminal proceedings as a specific type of state activity. They are as follows: 1) in the course of cognition carried out in criminal proceedings, arbitrary means and methods of cognition cannot be used. Knowledge of the circumstances of the committed crime can be carried out only with the help of the means indicated in the law and called evidence, and only with the help of the methods provided for by the procedural form; 2) knowledge in criminal proceedings is aimed at establishing the circle of circumstances defined in the law that are significant for resolving a criminal case. Thus, the subject of knowledge is predetermined and limited in law; 3) knowledge can be carried out only by certain subjects specified in the law. The concept and properties of evidence. Arbitrary means and methods cannot be used for criminal procedural knowledge. Evidence is the means of cognition in criminal proceedings. The Code of Criminal Procedure defines evidence as any information on the basis of which the bodies of preliminary investigation, the prosecutor and the court, in the manner prescribed by the criminal procedure law, establish the presence or absence of circumstances to be proved in a criminal case, and other circumstances relevant to a criminal case. 74). Such factual data can only be obtained from certain ones specified in Part 2 of Art. 74 Code of Criminal Procedure sources: - testimonies of the accused and the suspect; - testimonies of the victim and the witness; - conclusions and testimony of an expert; - conclusions and testimony of a specialist; - physical evidence; - protocols of investigative and judicial actions; - other documents. That is, the concept of evidence is an inseparable unity of content (information about the actual data) and procedural form (the source in which this data is contained). In order for factual data to be used as forensic evidence, they must have the properties of relevance and admissibility. The relevance of evidence means its ability, in its content, to establish the circumstances for the proof of which it is used. The admissibility of evidence in a broad sense means its legality, that is, its receipt and use in strict accordance with the rules established by law. Article 75 of the Code of Criminal Procedure is specifically devoted to this property of evidence. In accordance with this rule, inadmissible evidence has no legal force and cannot be used as the basis for an accusation, as well as be used to prove any circumstances relevant to the resolution of a criminal case. Inadmissible evidence includes: 1) testimonies of the suspect and the accused, given in the course of pre-trial proceedings in the absence of a defense counsel and not confirmed by them in court proceedings; 2) the testimonies of the victim and the witness, based on conjectures, assumptions and rumors, and those whose source is not known; 3) other evidence obtained in violation of the requirements of the Code of Criminal Procedure. Subject and limits of proof. Evidence in criminal proceedings is aimed at establishing certain circumstances listed in the law. That is, its subject is predetermined and limited by law. Only those circumstances that are relevant to the crime and that allow the correct resolution of the criminal case are subject to proof. These circumstances, to be established in each criminal case, are called the subject of proof. A list of these circumstances is given in Art. 73 Code of Criminal Procedure: 1) the event of the crime (time, place, method and other circumstances of the commission of the crime); 2) the person's guilt in committing a crime, the form of his guilt and motives; 3) circumstances characterizing the personality of the accused; 4) the nature and extent of the damage caused by the crime; 5) circumstances precluding criminality and punishability of the act; 6) circumstances mitigating and aggravating punishment; 7) circumstances that may lead to release from criminal liability and punishment. 8) circumstances confirming that the property subject to confiscation was obtained as a result of the commission of a crime or is the proceeds from this property, or was used or intended to be used as an instrument of crime or for financing terrorism, an organized group, an illegal armed group, a criminal community (criminal organization ). The concept of the limits of proof is closely related to the concept of the subject of proof. If the subject of proof is a set of circumstances, the establishment of which makes it possible to correctly resolve the criminal case, then the limits of proof are the circle, the amount of specific evidence necessary to establish the desired circumstances. The correct definition of the limits of proof is the provision of such a body of evidence that leads to the belief in the real existence of the circumstances that form the subject of proof. Limits of proof indicate the sufficiency of evidence to make a decision. Limits of proof - evaluation category. They are determined for each specific criminal case, depending on the available evidence, according to the inner conviction of the investigator and the court. The structure of the proof process. Evidence is a procedural activity of state bodies and officials authorized by law to collect, verify and evaluate evidence (Article 85 of the Code of Criminal Procedure). Collection of evidence in accordance with Art. 86 of the Code of Criminal Procedure is carried out by the investigator, the investigator, the prosecutor and the court by conducting investigative and other procedural actions provided for by the Code of Criminal Procedure. In addition, the suspect, the accused, as well as the victim, civil plaintiff, civil defendant and their representatives have the right to collect and submit written documents and objects to be attached to the case as evidence. Finally, the defender can collect evidence by: 1) receiving items, documents and other information; 2) questioning individuals with their consent; 3) requesting certificates, characteristics, other documents from organizations that are obliged to provide the requested documents or their copies. Verification of evidence is carried out by comparing them with other evidence available in the criminal case, as well as establishing their sources, obtaining other evidence that confirms or refutes the evidence being verified (Article 87 of the Code of Criminal Procedure). That is, verification of evidence can be in the nature of mental, logical activity (analysis of evidence, the conditions for obtaining it; comparison of evidence with other factual data), and can also be carried out through practical activities (by performing such investigative actions as an investigative experiment, checking testimony on the spot, confrontation, re-examination, etc.). In accordance with Art. 90 of the Code of Criminal Procedure, the circumstances established by the verdict that has entered into legal force are recognized by the court, the prosecutor, the investigator, the interrogating officer without additional verification, if these circumstances do not raise doubts with the court. At the same time, such a sentence cannot prejudge the guilt of persons who have not previously participated in the criminal case under consideration. Evaluation of evidence accompanies the collection and verification of evidence and at the same time logically completes the process of proving. Evaluation of evidence is a logical, mental activity of the interrogating officer, investigator, prosecutor and court, leading them to a conviction about the relevance, admissibility, reliability, significance of each individual evidence and the sufficiency of their entirety to resolve a criminal case (Article 88 of the Code of Criminal Procedure). The inquirer, investigator, prosecutor and court are free to assess evidence. No evidence has any predetermined validity for them. The assessment is made on the basis of internal conviction, based on the totality of evidence collected and verified in accordance with the requirements of the law. Subjects and duty of criminal procedural proof. Criminal procedural proof can be carried out only by a certain circle of subjects specified in the law. Among the subjects that, in accordance with the Code of Criminal Procedure, can carry out proof, one should distinguish: a) those who have the duty of proof, b) those who can participate in the proof. The duty of proof is assigned to the officials exercising the function of criminal prosecution: the inquirer, the investigator and the prosecutor. They must, if there is a reason and grounds, initiate a criminal case, collect evidence confirming the event of the crime, the guilt of the accused and all other circumstances relevant to the case. and ways. Of great importance in the distribution of the burden of proof belongs to the principle of the presumption of innocence, according to which the accused does not have to prove his innocence. If the accused takes a passive position in the case and refuses to testify, then this cannot be used to justify the conclusion that he is guilty. The right to take part in proving is endowed with a wide range of persons. These are such participants in the process as the accused, the suspect, the victim, the civil plaintiff, the civil defendant and their representatives, who have the right to collect and present evidence, to file a petition for their reclamation. A special place in relation to the obligation to provide evidence is occupied by the defense counsel. The law does not name him among the subjects on whom the burden of proof is entrusted. But the defender has no right to evade participation in proving. He cannot take a passive position in the course of the proceedings and must use all means and methods that do not contradict the law in order to clarify the circumstances that justify the accused or mitigate his responsibility. The burden of proof is not on the court. In accordance with the principle of competitiveness of the criminal process, the court only examines and evaluates the evidence presented by the parties. 5.2. Types of sources of evidence in criminal proceedings The testimony of a witness is information provided by him during an interrogation conducted in the course of pre-trial proceedings in a criminal case or in court. A witness may be interrogated about any circumstances relevant to the criminal case, including the identity of the accused, the victim and his relationship with them and other witnesses (Article 79 of the Code of Criminal Procedure). A witness is a person who may be aware of any circumstances relevant to the investigation and resolution of a criminal case, called to testify. A witness is created by the fact of committing a crime, so it is irreplaceable. Not subject to interrogation as a witness (Article 56 of the Code of Criminal Procedure): 1) judge, juror - about the circumstances of the criminal case, which became known to them in connection with their participation in the proceedings on this criminal case; 2) a lawyer, defense counsel of the suspect, the accused - about the circumstances that became known to him in connection with applying to him for legal assistance or in connection with its provision; 3) a lawyer - about the circumstances that became known to him in connection with the provision of legal assistance, with the exception of cases when he became aware of an impending crime; 4) a clergyman - about the circumstances that became known to him from the confession; 5) a member of the Federation Council, a deputy of the State Duma without their consent - about the circumstances that became known to them in connection with the exercise of their powers. The witness has the right: 1) refuse to testify against himself, his spouse and close relatives. If the witness agrees to testify, he must be warned that his testimony can be used as evidence in a criminal case, including in the event of his subsequent refusal to testify; 2) testify in his native language or in a language he speaks; 3) use the help of an interpreter free of charge; 4) challenge the interpreter participating in his interrogation; 5) file petitions and bring complaints against the actions of the inquirer, investigator, prosecutor and court; 6) appear for interrogation with a lawyer invited by him to provide legal assistance; 7) apply for the application of security measures in relation to him. A witness may not be forced to undergo a forensic examination or examination, except in cases where the examination is necessary to assess the reliability of his testimony. A witness may not: 1) avoid appearing when summoned by an interrogating officer, investigator or in court; 2) give knowingly false testimony or refuse to give evidence; 3) disclose the data of the preliminary investigation, which became known to him in connection with participation in the criminal case, if he was warned about this in advance. In case of evasion from appearing without valid reasons, the witness may be brought to the court. For giving knowingly false testimony or refusing to give evidence, the witness shall be liable under Art. 307 and 308, for the disclosure of preliminary investigation data - under Art. 310 of the Criminal Code. When evaluating the testimony of a witness, one should take into account the fact of his possible interest in the case. The guesses and assumptions of the witness cannot be evidence. The testimony of the victim is the information provided by him during the interrogation conducted in the course of pre-trial proceedings or in court. The victim may be interrogated about any circumstances to be proven in a criminal case, including his relationship with the suspect, the accused (Article 78 of the Code of Criminal Procedure). In terms of the subject of interrogation, in terms of content and procedural nature, the testimony of the victim has much in common with the testimony of the witness. But unlike the witness, the victim is an active participant in criminal proceedings. He is on the side of the prosecution. Giving evidence for the victim is not only a duty, but also a right, by exercising which, he can protect his interests. Evaluation of the testimony of the victim is carried out according to general rules. However, it should be borne in mind that the victim may be mistaken and distort the facts under the influence of emotional stress caused by the commission of a criminal offense against him. The factor of the victim's interest in the outcome of the case must also be taken into account. The court, in addition, assessing the testimony of the victim, must take into account that at the end of the investigation, this participant in the process was familiar with all the materials of the case and could correct his testimony in accordance with them. The testimony of the accused is information provided by him during the interrogation conducted in the course of pre-trial proceedings in a criminal case or in court. The peculiarity of the testimony of the accused lies in the fact that they have a dual procedural nature: it is the most important source of information about the circumstances of the crime committed and at the same time it is a means of defense against the accusation. It is not the duty of the accused to testify. He does not bear any responsibility either for refusal or for knowingly giving false testimony. The accused is interrogated about the circumstances of the crime committed, about all other circumstances of the case known to him, as well as about the evidence in the case. Depending on the attitude of the accused to the charge brought, the following types of his testimony are distinguished: the confession of the accused, the denial of his guilt and the testimony against other persons. Any testimony of the accused is subject to careful verification and evaluation on a general basis. The recognition by the accused of his guilt in the commission of a crime can be taken as the basis for the prosecution only if his guilt is confirmed by the totality of evidence available in the criminal case (Article 77 of the Code of Criminal Procedure). The testimony of a suspect is information provided by him during an interrogation conducted in the course of pre-trial proceedings in a case. Like the testimony of the accused, they are of a dual nature, being not only a source of evidence, but also a means of protecting this participant in the process. The testimonies of both the accused and the suspect are always connected with circumstances convicting these persons of committing a crime. Therefore, the accused and the suspect are not obliged to testify and are not responsible for refusing to testify and for knowingly giving false evidence. But the subject matter of the suspect's testimony is different. By the time the person was interrogated as a suspect, the charge had not yet been formulated. Before the interrogation, the suspect must be explained what crime he is suspected of committing. Therefore, he testifies about the circumstances that served as the basis for initiating a criminal case against him, for his detention or for applying a measure of restraint to him. The suspect, as a rule, exists in the case for a limited time. Then, if he is charged, he must be interrogated already as an accused. But the testimony given by this person as a suspect remains in the case and has the value of an independent source of evidence. The investigator and the court evaluate them according to general rules and have the right to use them in substantiating their conclusions on the case. However, if the suspect or the accused testified in pre-trial proceedings in the absence of a defense counsel and did not confirm them in court proceedings, these testimonies lose their admissibility and cannot be used as evidence (clause 1, part 2, article 75 of the Code of Criminal Procedure). Conclusion and testimony of the expert. Expert opinion - written conclusions on the issues put before him by the person conducting the proceedings on the criminal case, or by the parties. The testimony of an expert is information provided by him during an interrogation conducted after receiving his conclusion, in order to clarify or clarify this conclusion. The bodies of the preliminary investigation and the court appoint an expert examination in cases where they require special knowledge to resolve issues relevant to the case. The production of a forensic examination is mandatory to establish: 1) causes of death; 2) the nature and degree of harm caused to health; 3) the mental or physical state of the suspect, the accused, when there is doubt about his sanity or ability to independently defend his rights and legitimate interests in criminal proceedings; 4) the mental or physical state of the victim in cases where there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case and give evidence; 5) the age of the suspect, the accused, the victim, when this is important for the criminal case, and documents on age are missing or in doubt (Article 196 of the Code of Criminal Procedure). Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge. The rights and obligations of an expert are provided for in Art. 57 Code of Criminal Procedure. The expert has the right: 1) get acquainted with the materials of the criminal case related to the subject of forensic examination; 2) to apply for the provision of additional materials necessary for giving an opinion, or for the involvement of other experts in the forensic examination; 3) participate with the permission of the inquirer, investigator and court in procedural actions and ask questions related to the subject of forensic examination; 4) give an opinion within its competence, including on issues, although not set in the decision on the appointment of an examination, but related to the subject of the study; 5) file complaints against the actions of the inquirer, investigator, prosecutor and court that restrict his rights; 6) refuse to give an opinion on issues beyond the scope of special knowledge, as well as in cases where the materials provided to him are insufficient for giving an opinion. An expert may not: 1) without the knowledge of the investigator and the court, negotiate with the participants in the criminal process on issues related to the conduct of an expert examination; 2) independently collect materials for research; 3) to carry out, without the permission of the inquirer, investigator, court, research that could lead to the complete or partial destruction of objects or a change in their appearance or basic properties; 4) give a deliberately false conclusion; 5) disclose the data of the preliminary investigation, which became known to him in connection with his participation in the case as an expert, if he was warned about this in advance; 6) evade appearance when summoned by an inquirer, investigator or in court. Expertise can be initial, additional and repeated (Article 207 of the Code of Criminal Procedure), as well as commission and complex (Articles 200, 201 of the Code of Criminal Procedure). Additional expertise is appointed in case of insufficient clarity or completeness of the conclusion, as well as the emergence of new questions regarding previously investigated circumstances. It is entrusted to the same or another expert. A re-examination is appointed if there are doubts about the validity of the expert's conclusion or if there are contradictions in his conclusions. The same questions are posed for its resolution, but it is entrusted to another expert. Commission forensic examination is carried out by at least two experts of the same specialty. The commission nature of the examination is determined by the investigator or the head of the expert institution entrusted with the production of a forensic examination. Comprehensive forensic examination is carried out by a group of experts of different specialties. The source of evidence is also the testimony of an expert, i.e., information provided by him during an interrogation conducted after receiving his conclusion, in order to clarify or clarify this conclusion. Interrogation of an expert prior to the submission of an opinion by him is not allowed. An expert cannot be interrogated about information that has become known to him in connection with the forensic examination, which is not related to the subject of this examination. The expert opinion is assessed in terms of its relevance, admissibility and reliability. The admissibility of an expert opinion is determined by the observance of the procedural procedure for appointing and conducting an examination. Only objects that have been properly procedurally formalized can be subjected to expert examination. The investigator and the court must also check the correctness of the execution of the expert opinion, the presence of all the necessary details in it. When evaluating the reliability of the conclusion, the following circumstances should be taken into account: the reliability of the methodology used (especially if the examination was carried out outside the expert institution), the sufficiency and good quality of the materials submitted for the study, the completeness of the study. The conclusion of a specialist is his written judgment on the issues put before him by the parties. The testimony of a specialist is information provided by him during interrogation about circumstances that require special knowledge, as well as an explanation of his opinion. A specialist is a person who has special knowledge and is involved in procedural actions to assist in the discovery, consolidation and seizure of evidence, the use of technical means, to pose questions to an expert and to clarify issues within his competence. He can be involved in the case not only by the investigator or other officials from the side of the prosecution (Article 168 of the Code of Criminal Procedure), but also by the side of the defense (Article 53 of the Code of Criminal Procedure). The procedural status of a specialist is determined by Art. 58 of the Code of Criminal Procedure: a specialist has the right to refuse to participate in the case if he does not have the necessary knowledge, with the permission of the interrogator, investigator and court, to ask questions to the participants in the investigative action, to get acquainted with the protocol of the investigative action in which he took part, to bring complaints against the actions of the investigator and the court limiting his rights. A specialist is not entitled to avoid appearing when summoned by an inquirer, investigator or to court and disclose the data of the preliminary investigation that became known to him if he was warned about it. Unlike an expert's opinion, which can only be given on the basis of a study, a specialist's opinion does not require mandatory research and can only be given on the basis of the expert's judgment. Material evidence in general terms can be defined as the material consequences of a crime. According to Art. 81 of the Code of Criminal Procedure, physical evidence can be recognized as any items that served as instruments of a crime or retained traces of a crime; to which the criminal acts were directed; money, valuables and other property obtained as a result of a crime; other items and documents that can serve as a means of detecting a crime and establishing the actual circumstances of a criminal case. Material evidence is indispensable, since it is created by the circumstances of the crime committed and is significant in the case with its individual characteristics and properties. In order for an object to acquire the value of physical evidence, it must be procedurally formalized: 1) the fact of the appearance of the object in the case is fixed by drawing up a protocol of the investigative action as a result of which it was withdrawn; 2) in order to identify the properties of the object that are important in this case, it must be examined, described in detail in the inspection protocol, photographed if possible; 3) the decision on recognizing the object as material evidence and attaching it to the case file is drawn up by an appropriate resolution. Physical evidence must be kept in a criminal case until the verdict enters into legal force or until the expiration of the time limit for appealing against the decision or ruling on the termination of the criminal case and transferred along with it. In the event that a dispute over the right to property that is material evidence is subject to settlement in civil proceedings, the material evidence is stored until the court decision enters into force. Physical evidence in the form of: 1) items that, due to bulkiness or other reasons, cannot be stored during a criminal case, including large consignments of goods, the storage of which is difficult or the costs of ensuring special storage conditions for which are commensurate with their value: a) photographed or filmed on video or film, if possible, sealed and stored in a place indicated by the interrogating officer, investigator. A document on the location of such material evidence is attached to the criminal case, and a sample of material evidence sufficient for a comparative study may also be attached; b) returned to their owner, if possible without prejudice to proof; c) are transferred for sale in the manner prescribed by the Government of the Russian Federation. A specimen of material evidence sufficient for comparative examination may be attached to the criminal case; 2) perishable goods and products, as well as property subject to rapid moral aging, the storage of which is difficult or the costs of providing special storage conditions for which are commensurate with their value, may be: a) returned to their owners; b) in case of impossibility of return, they are transferred for sale in the manner established by the Government of the Russian Federation. A specimen of material evidence sufficient for comparative examination may be attached to the criminal case; c) destroyed if perishable goods and products become unusable; 3) ethyl alcohol, alcoholic and alcohol-containing products seized from illegal circulation, as well as items, the long-term storage of which is dangerous for human life and health or for the environment, after carrying out the necessary studies, are transferred for their technological processing or destroyed; 4) money and valuables seized in the course of investigative actions, after examination and other necessary investigative actions: a) must be deposited with a bank or other credit organization; b) may be kept in a criminal case, if the individual features of banknotes are important for proof. Other conditions for storage, accounting and transfer of certain categories of physical evidence are established by the Government of the Russian Federation. When a criminal case is transferred by a body of inquiry to an investigator or from one body of inquiry to another, or from one investigator to another, as well as when a criminal case is referred to a prosecutor or to a court, or when a criminal case is transferred from one court to another, material evidence shall be transferred together with the criminal case. When passing a sentence or terminating a criminal case, the issue of material evidence must be resolved. Wherein: 1) instruments of crime are subject to confiscation or are transferred to appropriate institutions or destroyed; 2) items prohibited for circulation are subject to transfer to the appropriate institutions or destroyed; 3) items that are of no value and not claimed by the party are subject to destruction, and in the event of a request from interested persons or institutions, they may be issued to them; 4) money, valuables and other property received as a result of committing a crime, and income from this property shall be returned to the lawful owner; 4.1) money, valuables and other property obtained as a result of committing crimes, as well as used or intended for the financing of terrorism, an organized group, an illegal armed group, a criminal community (criminal organization), are subject to confiscation; 5) documents that are physical evidence remain with the criminal case during the entire period of storage of the latter or are transferred to interested persons at their request; 6) the rest of the items are issued to the rightful owners, and if the latter are not identified, they become the property of the state. Disputes about the ownership of physical evidence are resolved in civil proceedings. Items seized in the course of pre-trial proceedings, but not recognized as material evidence, shall be returned to the persons from whom they were seized. Minutes of investigative actions and court hearings are allowed as evidence if they meet the requirements established by the Code of Criminal Procedure (Article 83). The requirements for the protocol of the investigative action are set out in Art. 166 of the Code of Criminal Procedure: the protocol can be written by hand or made using technical means. When performing an investigative action, stenography, filming, audio and video recording may also be used. Transcript and shorthand recording, audio and video recording materials are kept in the criminal case. The protocol specifies: 1) the place and date of the investigative action, the time of its beginning and end to the nearest minute; 2) the position and surname of the person who drew up the protocol; 3) last name, first name and patronymic of each person who participated in the investigative action, and, if necessary, his address and other information about his personality. The protocol sets out the procedural actions in the order in which they took place, the circumstances significant for the given criminal case revealed during their production, as well as the statements of the persons participating in the production of the investigative action. The protocol must also indicate the technical means used in the performance of the relevant investigative action, the conditions and procedure for their use, the objects to which these means were applied, and the results obtained. In addition, the protocol must note that before the use of technical means, the persons participating in the investigative action were notified about this. The protocol shall be presented for familiarization to all persons who participated in the production of the investigative action. They are explained the right to make comments to be included in the protocol. All comments, additions and corrections made to the protocol must be specified and certified by the signatures of these persons. The protocol is signed by the investigator and the persons participating in the production of the investigative action. The protocol shall be accompanied by photographic negatives and photographs, films, transparencies, interrogation soundtracks, video cassettes, computer information carriers, drawings, plans, diagrams, casts and prints of traces made during the investigative action. If it is necessary to ensure the safety of the victim, his representative, witness, their close relatives, relatives and close persons, the investigator has the right in the protocol of the investigative action, in which the victim, his representative or witness participates, not to provide information about their identity. In this case, the investigator, with the consent of the head of the investigative body, issues a decision, which sets out the reasons for the decision to keep this data secret, indicates the pseudonym of the participant in the investigative action and provides a sample of his signature, which he will use in the protocols of investigative actions carried out with his participation. The decision is placed in a sealed envelope and attached to the criminal case. The protocol must also contain a record of explaining to the participants in the investigative actions their rights, duties, responsibilities and the procedure for conducting the investigative action, certified by their signatures. Other documents are allowed as evidence if the information contained in them is relevant for establishing the circumstances included in the subject of proof in a criminal case (Article 84 of the Code of Criminal Procedure). Documents may contain information recorded both in writing and in another form. These may include, among other things: photographic and filming materials, audio and video recordings and other information carriers received, requested or presented in the case in accordance with the requirements of the Code of Criminal Procedure. Documents are attached to the case and kept for the entire period of its storage. At the request of their legal owner, the documents seized and attached to the case or their copies may be transferred to him. Documents that have signs of material evidence are recognized as such. 6 Theme Measures of restraint in the system of measures of procedural coercion 6.1. The concept and types of measures of procedural coercion Criminal procedural coercion is understood as a set of coercive measures provided for by law, designed to ensure that the participants in the process fulfill their obligations in the course of criminal proceedings. Measures of procedural coercion are not measures of responsibility. They are used not only as a result of a violation by the participants in the process of their obligations, but also to prevent this. Some of the measures of procedural coercion can be applied not only to the suspect or accused, but also to other participants in the process (victim, witness, etc.). All these measures are characterized to a certain extent by coercion, which is manifested in the restriction of the rights and freedoms of a person. Such restrictions are allowed solely in the interests of solving the crime, exposing the guilty and resolving the criminal case by the court. Thus, the measures of procedural coercion are the procedural means of a coercive nature provided for by the criminal procedural legislation, used in the manner strictly established by law by the investigator, investigator, prosecutor and court in relation to the suspect, accused, victim, witness and other participants in the process to prevent and eliminate possible obstacles. in the process of investigating and considering criminal cases in order to ensure the successful completion of the tasks of criminal proceedings. The Code of Criminal Procedure provides for the following types of measures of procedural coercion: detention of a suspect, preventive measures, obligation to appear, suspension from office, seizure of property (these coercive measures can only be applied to a suspect or accused), drive, obligation to appear, monetary penalty (These measures of coercion can be applied to other participants in the process). 6.2. Measures of restraint: essence, types, grounds and conditions for application Measures of restraint are measures of procedural coercion applied to the accused, and in exceptional cases - to the suspect, if there are certain grounds to ensure his appearance in the preliminary investigation bodies and the court and proper behavior during the proceedings, as well as in order to ensure the execution of the sentence . The grounds for choosing a measure of restraint are data indicating that the accused (suspect): 1) will hide from the inquiry, investigation or court; 2) may continue to engage in criminal activity; 3) may threaten the participants in the proceedings, destroy evidence or otherwise interfere with the proceedings. In addition, the need to ensure the execution of a court sentence (Article 97 of the Code of Criminal Procedure) may be the basis for choosing a preventive measure. The criminal procedure legislation provides for the following types of preventive measures (Article 98): 1) undertaking not to leave the country; 2) personal guarantee; 3) supervision of the command of the military unit; 4) looking after a minor; 5) pledge; 6) house arrest; 7) detention. If there are grounds for choosing a preventive measure, determining its type, the inquirer, investigator, prosecutor and court must take into account the gravity of the charge, information about the identity of the accused, his age, state of health, marital status, occupation and other circumstances (Article 99 of the Code of Criminal Procedure) . The preventive measure against the accused is chosen for the period of the preliminary investigation and trial before the entry into force of the verdict. When the term of the investigation is extended, the term of the measure of restraint is extended at the same time. And only such a measure of restraint as detention has its own term of calculation, which needs to be independently extended. In relation to the suspect, the measure of restraint is valid for 10 days. If within this period he is not charged, then the preventive measure is canceled (Article 100 of the Code of Criminal Procedure). The preventive measure chosen in respect of persons suspected of committing crimes under Art. 205, 205.1, 206, 208, 209, 277-279, 281 and 360 of the Criminal Code, are valid for 30 days (it is during this period that they must be charged). 6.3. The procedure for applying detention as a preventive measure Detention is the most severe measure of restraint. It is associated with the greatest restrictions on the rights of the individual, therefore it should be used only when another measure of restraint cannot guarantee the achievement of the necessary goals. The Code of Criminal Procedure (Article 108) allows the use of detention as a measure of restraint only in relation to those accused (suspected) of crimes for which the criminal law provides for punishment in the form of imprisonment for more than two years. In exceptional cases, this measure of restraint may be chosen for the commission of a crime punishable by deprivation of liberty for a term of up to two years, in the presence of one of the following circumstances: 1) the accused (suspect) does not have a permanent place of residence on the territory of the Russian Federation; 2) his identity has not been established; 3) he has violated the previously chosen preventive measure; 4) he has fled from the bodies of preliminary investigation or from the court. Detention as a measure of restraint may be applied to a minor accused (suspected) if he is accused (suspected) of committing a grave or especially grave crime. In exceptional cases, this measure of restraint may be chosen in relation to a minor accused (suspected) of committing a crime of medium gravity. If it is necessary to select detention as a preventive measure, the investigator, with the consent of the head of the investigative body, as well as the interrogating officer, with the consent of the prosecutor, file a corresponding petition with the court. The decision to initiate a petition sets out the motives and grounds, due to which the need for detention arose and it is impossible to choose another measure of restraint. The decision shall be accompanied by materials confirming the validity of the petition. If a petition is filed against a person detained on suspicion of committing a crime, then the decision and the indicated materials must be submitted to the judge no later than eight hours before the expiration of the period of detention. The decision to initiate a petition to select detention as a measure of restraint is subject to consideration by a single judge of the district court with the participation of the accused (suspect), prosecutor, defense counsel, if he is involved in a criminal case, at the place of preliminary investigation or at the place of detention within 8 hours from the date of receipt of the materials in court. A legal representative of a minor accused (suspect), an investigator, an inquirer may also participate in a court session. Absence without valid reasons of the parties, duly notified of the time of the court session, is not an obstacle to the consideration of the petition. At the beginning of the session, the judge announces which petition is subject to consideration, explains to the persons who come to the court session their rights and obligations. Then the prosecutor or, on his instructions, the person who filed the petition substantiates it, after which other persons who appeared at the court session are heard. After considering the petition, the judge shall issue one of the following rulings: 1) on the election of a measure of restraint in the form of detention in respect of the accused (suspected); 2) on refusal to satisfy the application; 3) on the extension of the term of detention for a period of not more than 72 hours for the parties to provide additional evidence of the validity of the application of detention as a preventive measure. In this case, the judge indicates in the decision the date and time until which he extends the period of detention. The decision of the judge is sent to the person who filed the petition, the prosecutor, the accused (suspect) and is subject to immediate execution. Repeated appeal to the court with a petition for the detention of the same person in the same case after the judge has issued a decision to refuse to select this measure of restraint is possible only if new circumstances arise that justify the need to take the person into custody. The decision of the judge on the choice of detention as a measure of restraint or on the refusal to do so may be appealed to a higher court in the cassation procedure within three days from the date of its issuance. The judge of the cassation instance makes a decision on the complaint or presentation not later than three days from the date of their receipt. The person in charge of the criminal case shall immediately notify the relatives of the accused (suspect), and in the event of a military serviceman being taken into custody, also the command of the military unit, of the place of his detention or of a change in the place of detention. According to Art. 109 of the Code of Criminal Procedure, the period of detention during the investigation of crimes may not exceed two months. If it is impossible to complete the preliminary investigation within a period of up to two months and if there are no grounds for changing or canceling the preventive measure, this period may be extended by a judge of a district court or a military court for a period of up to six months. A further extension of the period may be carried out in respect of persons accused of committing grave and especially grave crimes, only in cases of special complexity of the criminal case by a judge of the same court at the request of the investigator, submitted with the consent of the head of the relevant investigative body in the constituent entity of the Russian Federation, equivalent to the head of a specialized of the investigative department of the Investigative Committee under the Prosecutor's Office of the Russian Federation, including the military investigative department of the Investigative Committee under the Prosecutor's Office of the Russian Federation, or at the request of the interrogating officer, with the consent of the prosecutor of the constituent entity of the Russian Federation or an equivalent military prosecutor, up to 12 months. The term of detention for more than 12 months may be extended only in exceptional cases in relation to persons accused of committing especially grave crimes, by a judge of a regional and equivalent court or a military court of the appropriate level at the request of the investigator, submitted with the consent in accordance with the jurisdiction of the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation or the head of the investigative body of the relevant federal executive body (under the relevant federal executive body), up to 18 months. Further extension of the period is not allowed. The accused, who is in custody, is subject to immediate release. The materials of the completed investigation of the criminal case must be presented to the accused, held in custody, and his defense counsel no later than one month before the end of the deadline for detention. If the materials of the completed investigation of the criminal case were presented to the accused and his defense counsel later than a month before the end of the deadline for detention, then upon its expiration, the accused shall be subject to immediate release. At the same time, the accused and his defense counsel retain the right to familiarize themselves with the case materials. If, after the end of the preliminary investigation, the deadlines for presenting the materials of this case to the accused and his defense counsel were observed, but 30 days were not enough for them to familiarize themselves with the materials of the criminal case, the investigator, with the consent of the head of the investigative body for the constituent entity of the Russian Federation or the head of another investigative body equated to him has the right not later than seven days before the expiration of the time limit for detention to file a petition for an extension of this period before the court. The judge shall issue one of the following decisions no later than five days from the date of receipt of the petition: 1) on the extension of the period of detention until the end of the familiarization of the accused and his defense counsel with the case materials and the prosecutor's sending the criminal case to the court; 2) on the refusal to satisfy the petition of the investigator and on the release of the person from custody. The period of detention during the preliminary investigation is calculated from the moment the suspect or the accused is taken into custody until the prosecutor sends the criminal case to the court. The period of detention shall also include the time: 1) for which the person was detained as a suspect; 2) house arrest; 3) forced stay in a medical or psychiatric hospital by a court decision; 4) during which the person was held in custody on the territory of a foreign state upon a request for legal assistance or extradition to the Russian Federation. In case of repeated detention of a suspect, accused in the same criminal case, as well as in a criminal case connected with him or separated from him, the period of detention shall be calculated taking into account the time spent in custody earlier. 7 Theme Criminal proceedings 7.1. The concept and significance of the stage of initiating a criminal case The first stage of the Russian criminal process is the initiation of a criminal case. In accordance with Art. 144 of the Code of Criminal Procedure, the inquirer, the body of inquiry, the investigator are obliged to accept, check the report on any committed or impending crime and make a decision on it no later than three days from the date of receipt of the specified message. The success of its further investigation largely depends on the timeliness of initiating a criminal case. Red tape and mistakes made at this stage of the process often lead to an irreparable loss of evidence in the future. Legal and timely initiation of a case ensures the protection of the interests of society and the state, as well as the rights and legitimate interests of victims of a crime. On the other hand, a legitimate and justified refusal to initiate a criminal case is also a guarantee of the rights of an individual, protecting him from unreasonable criminal liability. The quick and correct response of law enforcement agencies to statements and reports of committed and impending crimes and the adoption of timely and legal decisions on them are of great educational and preventive importance. The initiation of a criminal case also has an important procedural significance, since only after this it becomes possible to carry out investigative actions and apply measures of procedural coercion. The essence of the stage of initiating a criminal case is the acceptance by competent officials of statements and reports about crimes and the initiation or refusal to initiate criminal cases on them. That is, the essence of the first stage of the process lies in a quick and reasonable response by criminal procedural means to all cases of detection of crimes. The content of this stage of criminal procedural activity lies in the system of procedural relations, actions and decisions from the moment of receiving information about a crime until a decision is made on it to initiate a criminal case or refuse to do so. Thus, the content of the stage of initiating a criminal case is not limited to the issuance of an appropriate decision; it includes activities to resolve a number of issues prior to the adoption of the final decision on the application or report of a crime. The right to initiate a criminal case in accordance with the Code of Criminal Procedure is vested in the body of inquiry, the inquiry officer or the investigator (part 1 of article 146 of the Code of Criminal Procedure). 7.2. Reasons and grounds for initiating a criminal case. Circumstances precluding criminal proceedings To initiate a criminal case, it is necessary: a) to have a legal reason; b) the existence of sufficient grounds; c) the absence of circumstances excluding proceedings in the case. Under the reason for initiating a criminal case, it is customary to understand the sources provided for by law, from which competent officials receive information about a crime committed or being prepared. Article 140 of the Code of Criminal Procedure refers to the grounds for initiating a criminal case: 1) a statement about a crime; 2) surrender; 3) a message about a crime committed or being prepared, received from other sources. Reporting a crime in accordance with Art. 141 of the Code of Criminal Procedure can be done orally or in writing. The written application must be signed by the applicant. An oral statement is recorded in the protocol, which is signed by the applicant and the person who accepted this statement. The protocol also contains information about the applicant and documents proving his identity. An anonymous statement cannot serve as a reason for initiating a criminal case. The applicant is warned about criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code. Turnout with confession in accordance with Art. 142 of the Code of Criminal Procedure is a voluntary report of a person about a crime committed by him. A declaration of surrender may be made either in writing or orally. An oral statement is accepted and recorded in the minutes. A message about a crime committed or being prepared, received from other sources, is drawn up in the form of a report on the discovery of signs of a crime by the official who received this message (Article 143 of the Code of Criminal Procedure). According to a report on a crime circulated in the media, an inspection is carried out on behalf of the prosecutor by the body of inquiry, as well as on behalf of the head of the investigative body, the investigator. The editorial office, editor-in-chief of the relevant mass media are obliged to transfer, at the request of the prosecutor, investigator or body of inquiry, the documents and materials at the disposal of the relevant mass media, confirming the report of the crime, as well as data on the person who provided the specified information, except when this the person has set a condition to keep the source of information secret (Article 144 of the Code of Criminal Procedure). The applicant is issued a document confirming the receipt of a report on a crime indicating the data on the person who received it, as well as the date and time of its receipt. Refusal to accept a report of a crime may be appealed to the prosecutor or to the court (Article 144 of the Code of Criminal Procedure). Criminal cases of private (part 6, article 144 of the Code of Criminal Procedure) and private-public charges (article 147 of the Code of Criminal Procedure) are initiated only at the request of the victim. The investigator, as well as with the consent of the prosecutor, the inquirer shall initiate a criminal case on any crime, in cases of private and private-public prosecution, and in the absence of a statement from the victim or his legal representative, if this crime has been committed against a person who, due to a dependent or helpless state, or for other reasons cannot protect their rights and legitimate interests. Other reasons also include the case of a crime committed by a person whose details are unknown. In addition to a legitimate reason for initiating a criminal case, sufficient grounds are required. In accordance with Part 2 of Art. 140 of the Code of Criminal Procedure, the basis for initiating a criminal case is the availability of sufficient data indicating the signs of a crime. Thus, the grounds for initiating a criminal case form factual data testifying to the commission of a crime. To make a decision to initiate a criminal case, it is not necessary to establish all the signs of a crime. It is enough to establish the availability of data on the objective side of the crime, data confirming the existence of a crime event. Lack of information about the subject of the crime cannot serve as an obstacle to the initiation of a criminal case. A case cannot be initiated if there are circumstances excluding proceedings in the case. According to Art. 24 of the Code of Criminal Procedure, such circumstances include: 1) the absence of an event of a crime; 2) the absence of corpus delicti in the act; 3) expiration of the statute of limitations for criminal prosecution; 4) the death of the suspect or the accused, except in cases where the proceedings are necessary for the rehabilitation of the deceased; 5) the absence of an application by the victim, if the case can be initiated only on his application; 6) the absence of a court opinion on the presence of signs of a crime in the actions of a member of the Federation Council and a deputy of the State Duma, judges of the Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation and other judges, a deputy of the legislative body of state power of a constituent entity of the Russian Federation, an investigator, a lawyer, or the absence of the consent of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification board of judges to initiate a criminal case against a member of the Federation Council, a deputy of the State Duma, judges of the Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation and other judges, respectively. 7.3. Decisions taken at the stage of initiating a criminal case Based on the results of consideration of a report on a crime, the body of inquiry, the inquirer, the investigator shall take one of the following decisions: 1) on the initiation of a criminal case; 2) on refusal to initiate a criminal case; 3) on the transmission of a message according to jurisdiction or jurisdiction. Initiation of a criminal case is carried out in the presence of a reason and grounds. This decision is made within the competence established by law by the body of inquiry, the inquiry officer or the investigator, about which an appropriate decision is issued (Article 146 of the Code of Criminal Procedure). A copy of the decision of the investigator, interrogating officer to initiate a criminal case shall be immediately sent to the prosecutor. The decision to initiate a criminal case shall indicate: 1) the date, time and place of its issuance; 2) by whom it was issued; 3) reason and grounds for initiating a criminal case; 4) paragraph, part and article of the criminal law on the basis of which the criminal case is initiated. If the prosecutor recognizes the decision to initiate a criminal case as illegal or unreasonable, he has the right to cancel the decision to initiate a criminal case within 24 hours from the receipt of the materials, and issues a reasoned decision on this. The investigator and the inquirer shall immediately notify the applicant, as well as the person against whom the criminal case has been initiated, of the decision taken. If there are no grounds for initiating a criminal case, the investigator, the body of inquiry or the inquirer shall issue a decision to refuse to initiate a criminal case. Refusal to initiate a criminal case on the grounds provided for in paragraph 2 of part 1 of Art. 24 of the Code of Criminal Procedure, is allowed only in relation to a specific person. When a decision is made to refuse to initiate a criminal case based on the results of checking a report of a crime related to the suspicion of a specific person or persons committing it, the investigator, the body of inquiry are obliged to consider the issue of initiating a criminal case for a knowingly false denunciation in relation to the person who declared or disseminated a false crime report. The transfer of a message according to jurisdiction is carried out in those cases when the crime, about which the relevant official is informed, is under investigation by another investigator or body of inquiry. Statements about the commission of crimes of private prosecution are sent to the justice of the peace (clause 3, part 1, article 145 of the Code of Criminal Procedure). 8 Theme Preliminary investigation 8.1. The concept, tasks and significance of the preliminary investigation stage Preliminary investigation is the legally regulated activity of the investigator and interrogating officer in collecting, verifying and evaluating evidence, on the basis of which the circumstances necessary for the case are established, in order to protect the rights and legitimate interests of persons and organizations victims of a crime. Before the preliminary investigation, the following tasks are set: solve the crime, identify the guilty person and carry out his criminal prosecution; comprehensively, fully and objectively examine all the circumstances of the criminal case; detect and procedurally secure evidence for their subsequent use in the course of the trial; ensure the lawful and justified prosecution of persons who have committed a crime as accused, and prevent the prosecution of the innocent; ensure the participation of the accused in the criminal proceedings and prevent further criminal activity on his part; identify the causes and conditions that contributed to the commission of the crime, and take measures to eliminate them; establish the nature and extent of the damage caused by the crime, and take measures to ensure its compensation. The significance of the preliminary investigation lies in the fact that the investigation body establishes data on the crime, the person who committed it, and ensures the implementation of criminal liability established by law. Conducting a preliminary investigation stops the criminal activity of the person involved as an accused and contributes to the prevention of crimes by other persons. The guarantee of the legality of the conducted investigation is prosecutorial supervision and judicial control over the actions and decisions of the investigator and the interrogating officer. 8.2. Forms of preliminary investigation A preliminary investigation is carried out in the form of a preliminary investigation or in the form of an inquiry (Article 150 of the Code of Criminal Procedure). Preliminary investigation is the main form of preliminary investigation of a criminal case. It is in this form that all cases of grave and especially grave crimes, as well as the most complex cases of crimes of small and medium gravity, are investigated. A preliminary investigation may replace an inquiry, and in this form the investigation of any crime may be completed. The preliminary investigation is carried out by the investigator, for whom this is the only competence. An investigation in the form of an inquiry is conducted by an investigator. For the bodies of inquiry, the investigation of a criminal case is not the only and not even the main competence. The main purpose of the bodies of inquiry is the implementation of operational-search activities. Inquiry is usually considered as an auxiliary and simplified form of preliminary investigation. It is carried out for a number of crimes of small and medium gravity, the preliminary investigation of which is optional and the list of which is given in Part 3 of Art. 150 Code of Criminal Procedure. 8.3. General conditions for preliminary investigation The general conditions of the preliminary investigation are the legal requirements provided for by the criminal procedure law (Chapter 21 of the Code of Criminal Procedure), based on the general principles of the criminal process, which express the characteristic features of the activity of investigating crimes and determine the general requirements for the procedure for conducting investigative actions and making decisions. Compliance with the general conditions contributes to the completeness, comprehensiveness and objectivity of the preliminary investigation and the realization of the rights and legitimate interests of the participants in the criminal process. In accordance with Ch. 21 of the Code of Criminal Procedure, the following general conditions for a preliminary investigation can be distinguished: rules on jurisdiction; rules on joining and separating criminal cases; the performance of urgent investigative actions by the body of inquiry in cases for which a preliminary investigation is mandatory; forms of completion of the preliminary investigation; obligatory consideration of petitions of participants in the preliminary investigation; measures of care for children, dependents of the suspect or the accused and measures to ensure the safety of his property; inadmissibility of disclosure of preliminary investigation data; terms of preliminary investigation; investigation of the case by a group of investigators. Rules on the jurisdiction of a criminal case. Investigation of a criminal case is a set of rules enshrined in law, in accordance with which the body competent and obliged to investigate this case is determined. The following types of jurisdiction are distinguished: a) subject (generic); b) territorial (local); c) personal (personal); d) alternative; e) in connection with cases. Subject (generic) jurisdiction is determined depending on the nature and degree of social danger of the committed crime. Article 151 of the Criminal Procedure Code defines a list of crimes, the investigation of which falls within the jurisdiction of one or another body of preliminary investigation and inquiry. Territorial (local) jurisdiction determines the competence of specific preliminary investigation bodies within the territory they serve. According to Art. 152 of the Code of Criminal Procedure, a preliminary investigation is carried out at the place where the crime was committed. If the crime was started in one place and completed in another, then the criminal case is investigated at the place where the crime ended. In order to ensure the completeness and objectivity of the investigation and compliance with the procedural deadlines, the preliminary investigation may be conducted at the location of the accused or the majority of the witnesses. Personal (personal) jurisdiction is determined depending on the subject of the crime. So, a criminal case on all crimes committed by judges, prosecutors, investigators, lawyers and other persons specified in paragraphs "b" and "c" part 2 of Art. 151 of the Code of Criminal Procedure, are being investigated by prosecutors. For a number of crimes committed in the economic sphere, the list of which is given in Part 5 of Art. 151 of the Code of Criminal Procedure, an alternative jurisdiction is established, i.e. a preliminary investigation on them can be carried out by the investigator of the body that revealed this crime. Jurisdiction for connection of cases established h. bet. 151 Code of Criminal Procedure. In accordance with it, the investigation of certain criminal cases (for example, certain crimes against justice) is carried out by the investigator of the body whose jurisdiction includes the crime in connection with which the corresponding criminal case was initiated. Rules on the connection and separation of criminal cases. In one proceeding, criminal cases may be combined in respect of: 1) several persons who have committed one or more crimes in complicity; 2) one person who has committed several crimes; 3) a person accused of concealing crimes, which are not promised in advance, being investigated in these criminal cases (Article 153 of the Code of Criminal Procedure). Joining criminal cases is also allowed in cases where the person to be brought as an accused has not been established, but there are sufficient grounds to believe that several crimes have been committed by one person or group of persons. Joining of criminal cases is carried out on the basis of the decision of the head of the investigative body. When joining criminal cases, the period of proceedings on them is determined by the criminal case that has the longest period of preliminary investigation. At the same time, the duration of proceedings in other criminal cases is absorbed by the longest period and is not additionally taken into account. Separation of a criminal case into a separate proceeding is allowed in relation to: 1) individual defendants in a criminal case on crimes committed in complicity, in cases where the accused has fled or his location has not been established for other reasons, or in cases of temporary serious illness of the accused; 2) a minor accused brought to criminal responsibility together with adult accused; 3) other persons accused of committing a crime not related to the acts imputed in the criminal case under investigation, when this becomes known during the preliminary investigation. The separation of a criminal case into a separate proceeding to complete the preliminary investigation is allowed if this does not affect the comprehensiveness and objectivity of the preliminary investigation and the resolution of the criminal case, in cases where this is caused by the large volume of the case or the plurality of its episodes. Separation of a criminal case is carried out on the basis of the decision of the investigator or interrogating officer. A criminal case separated into a separate proceeding must contain originals or copies of procedural documents certified by the investigator or interrogating officer that are relevant to the given criminal case. The materials of the case separated into a separate proceeding are admitted as evidence in this criminal case. The period of preliminary investigation in a criminal case separated into a separate proceeding is calculated from the date of issuance of the relevant decision, when the criminal case is separated into a new crime or in relation to a new person. In other cases, the term is calculated from the moment of initiation of the criminal case from which it was separated into a separate proceeding (Article 154 of the Code of Criminal Procedure). Production of urgent investigative actions (Article 157 of the Code of Criminal Procedure). If the investigator for some reason cannot personally initiate a criminal case on a crime, for which a preliminary investigation is mandatory, and proceed with its investigation, then the law gives the body of inquiry the right to initiate such a case and carry out urgent investigative actions on it within 10 days. The Code of Criminal Procedure does not provide a list of urgent investigative actions. Among those, according to paragraph 19 of Art. 5 of the Code of Criminal Procedure may include 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 fix traces of a crime, as well as evidence that requires immediate consolidation, seizure and research. The specified 10-day period is not subject to extension. After the performance of urgent investigative actions and no later than 10 days from the date of initiation of the criminal case, the body of inquiry shall send the criminal case to the head of the investigative body. After that, the body of inquiry may carry out investigative actions and operational-search measures on it only on behalf of the investigator. In the event that a criminal case is sent to the head of the investigative body, in which the person who committed the crime was not found, the body of inquiry is obliged to take search and operational-search measures to identify the person who committed the crime, notifying the investigator of their results. Forms for the completion of the preliminary investigation (Article 158 of the Code of Criminal Procedure). Proceedings of the preliminary investigation can be completed in the following forms: 1) drawing up an indictment (indictment) and sending the criminal case through the prosecutor to the court; 2) termination of the criminal case; 3) drawing up a resolution on sending a criminal case to court for the application of compulsory medical measures to a person. The investigator and the inquirer, having established in the course of the preliminary investigation the circumstances that contributed to the commission of the crime, have the right to submit to the relevant organization or the relevant official a proposal to take measures to eliminate these circumstances and other violations of the law. This submission is subject to mandatory consideration with notification of the investigator of the measures taken no later than one month from the date of its issuance. Measures for the care of children, dependents of the suspect or accused and measures to ensure the safety of his property. In accordance with Art. 160 of the Code of Criminal Procedure, if a suspect or accused is left unattended and assisted by minor children, other dependents, as well as elderly parents in need of outside care, the investigator, the interrogating officer shall take measures to transfer them to the care of relatives or other persons or to place them in children's or social institutions. The investigator, the inquirer shall take measures to ensure the safety of the property and dwelling of the suspect or the accused who has been detained or taken into custody. Inadmissibility of disclosure of preliminary investigation data. The data of the preliminary investigation are not subject to disclosure. The investigator or interrogating officer warns the participants in the proceedings in a criminal case about the inadmissibility of disclosing the data of the preliminary investigation that have become known to them, about which they take a signature with a warning about liability in accordance with Art. 310 of the Criminal Code. The data of the preliminary investigation may be made public only with the permission of the investigator, the inquirer, and only to the extent that they will recognize this as permissible, if the disclosure does not contradict the interests of the preliminary investigation and is not related to the violation of the rights and legitimate interests of the participants in criminal proceedings. In any case, the disclosure of available data on the private life of participants in criminal proceedings without their consent is not allowed. Mandatory consideration of petitions (Article 159 of the Code of Criminal Procedure). The investigator and the inquirer are obliged to accept and consider each petition submitted by the participants in the process. At the same time, the suspect, the accused, the defense counsel, the victim, the civil plaintiff, the civil defendant or their representatives cannot be denied the interrogation of witnesses, the performance of a forensic examination and other investigative actions, if the circumstances for the establishment of which they petition are important for the given criminal case. In case of refusal to satisfy the petition, the investigator (inquirer) issues a reasoned decision on this. In addition, among the general conditions of the preliminary investigation, it is customary to include provisions on the timing of the preliminary investigation and on the investigation of the case by a group of investigators. Timing of the preliminary investigation. The start time of the preliminary investigation is associated with the stage of initiating a criminal case and is characterized by three rules: the investigation is carried out only after the initiation of a criminal case; it is carried out in a strictly defined order; the investigator and the inquirer are obliged to start the investigation immediately after the case is accepted for their proceedings. The preliminary investigation of a criminal case must be completed within a period not exceeding two months from the date of initiation of the criminal case (Article 162 of the Code of Criminal Procedure). The term of the preliminary investigation includes the time from the day the case is initiated and until the day it is sent to the prosecutor with an indictment or a decision to transfer the case to court for consideration of the issue of applying coercive medical measures or until the day a decision is made to terminate the criminal case. The term of the preliminary investigation may be extended up to three months by the head of the investigative body in the district, city or equivalent head of a specialized investigative body, including a military one. In a criminal case, the investigation of which is of particular difficulty, the period of preliminary investigation may be extended by the head of the investigative body for the constituent entity of the Russian Federation and the head of another specialized investigative body equated to him, including the military, as well as their deputies up to 12 months. A further extension of the period of preliminary investigation may be carried out only in exceptional cases by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation, the head of the investigative body of the relevant federal executive body (under the federal executive body) and their deputies. If the prosecutor returns the criminal case to the investigator, the term for the execution of the prosecutor's instructions or for appealing the prosecutor's decision is established by the head of the investigative body and may not exceed one month from the day the criminal case was received by the investigator. When resuming a suspended or terminated criminal case, the term for additional investigation is established by the head of the investigative body and may not exceed one month from the day the criminal case is received by the investigator. If it is necessary to extend the term of the preliminary investigation, the investigator shall issue an appropriate decision and submit it to the head of the investigative body no later than five days before the expiration of the term of the preliminary investigation. The investigator shall notify in writing the accused and his defense counsel, as well as the victim and his representative of the extension of the term of the preliminary investigation. The investigation of the case by a group of investigators (Article 163 of the Code of Criminal Procedure) can be carried out with the complexity and large volume of the criminal case. The creation of an investigative group is indicated in the decision to initiate a case, or a separate decision is issued. The decision to conduct a preliminary investigation by an investigative group, to change its composition, is made by the head of the investigative body. The decision must list all the investigators who are entrusted with the conduct of the preliminary investigation, including which investigator is appointed as the head of the investigation team. Officials of the bodies carrying out operational-search activities may be involved in the work of the investigative group. The composition of the investigation group is announced to the suspect, the accused. Investigation team leader: - accepts a criminal case for its proceedings; - organizes the work of the investigation team and directs the actions of other investigators; - draws up an indictment and sends the case to the prosecutor; - makes decisions: 1) on separating the criminal case into a separate proceeding; 2) its suspension and renewal; 3) termination of the criminal case; 4) involvement as an accused; 5) sending the accused to a medical or psychiatric hospital for the production of a forensic medical or forensic psychiatric examination; 6) filing a petition with the head of the investigative body to extend the period of preliminary investigation; 7) initiation before the court of a petition for the performance of procedural actions carried out by a court decision. The head and members of the investigative group have the right to take part in investigative actions carried out by other investigators. 9 Theme Inquiry Inquiry is an auxiliary and simplified form of pre-trial proceedings in a criminal case compared to the investigation. It can be carried out in cases of crimes of small and medium gravity, a list of which is given in Part 3 of Art. 150 Code of Criminal Procedure. In addition, at the written direction of the prosecutor, an investigation in the form of an inquiry may also be carried out for other crimes of small and medium gravity. Inquiry is an independent form of preliminary investigation. Acts of inquiry have the same procedural significance as acts of preliminary investigation. The inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this period may be extended by the prosecutor up to 30 days. In necessary cases, including those related to the production of a forensic examination, the period of inquiry may be extended by the prosecutors of the district, city, the military prosecutor equated to them and their deputies up to six months. In exceptional cases related to the execution of a request for legal assistance, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and a military prosecutor equivalent to him up to 12 months. If a criminal case has been initiated on the fact of a crime and during the course of the inquiry sufficient data have been obtained that give grounds to suspect the person of committing a crime, the investigator draws up a written notice of suspicion of committing a crime, a copy of which is handed to the suspect and explains to him the rights of the suspect, about which a protocol is drawn up. marked with a copy of the notification. Within three days from the moment of handing over to the person a notice of suspicion in committing a crime, the investigator must interrogate the suspect on the merits of the suspicion. A copy of the notice of suspicion of a person in committing a crime shall be sent to the prosecutor. If a measure of restraint in the form of detention was chosen against the suspect, then the indictment shall be drawn up no later than 10 days from the day the suspect was taken into custody. If it is impossible to draw up an indictment within the time limit, the suspect is charged, after which the investigation continues or this measure of restraint is canceled. The inquiry may be completed by drawing up an indictment or a decision to close the criminal case. The indictment, which is drawn up by the interrogator at the end of the inquiry, shall indicate: 1) the time and place of its compilation; 2) surname, initials and position of the person who compiled it; 3) data on the person subject to criminal liability; 4) the place and time of the commission of the act containing signs of a crime, its methods, motives, consequences and other circumstances that are essential in this case; 5) the wording of the accusation, indicating the paragraph, part, article of the Criminal Code; 6) a list of evidence to be examined by the court; 7) information about the victim, the nature and amount of harm caused to him; 8) a list of persons to be summoned to court. From the moment the indictment is drawn up in the case, the suspect acquires the status of the accused, and all the materials of the criminal case together with the indictment must be presented to him and his defense counsel for familiarization. The victim, his representative, at their request, may be granted the right to familiarize themselves with the materials of the criminal case in the same manner that is provided for the accused and his defense counsel. The indictment is approved by the head of the body of inquiry and, together with the materials of the criminal case, is sent to the prosecutor. The prosecutor considers the received criminal case with the indictment and, within a period of not more than two days, makes the following decision on it: 1) on the approval of the indictment and sending the criminal case to the court; 2) on the return of the criminal case with their instructions for redrawing the indictment in case of its non-compliance with the requirements of the Code of Criminal Procedure. At the same time, the prosecutor may set a time limit for conducting an additional inquiry, but not more than 10 days, and for redrawing the indictment - no more than three days; 3) termination of the criminal case; 4) referral of the criminal case for preliminary investigation. 10 Theme Investigative actions 10.1. The concept and general characteristics of investigative actions, the rules for their production and execution Investigative actions are procedural actions performed by the investigator in accordance with the criminal procedure law, the purpose of which is to collect and verify evidence. Before proceeding with the conduct of investigative actions, the investigator is obliged to accept the criminal case for his proceedings. From this moment, he receives full procedural powers and begins to be responsible for a comprehensive, complete and objective study of the circumstances of the case. A number of investigative actions that most significantly restrict the constitutional rights and freedoms of an individual (for example, examination, search, seizure) require a written decision (decree) on their production. As a rule, such investigative actions can be carried out only with the permission of the court. The performance of an investigative action at night is not allowed, except in cases that brook no delay. During the performance of investigative actions, the use of violence, threats and other illegal measures, as well as the creation of a danger to the life and health of persons participating in them, is unacceptable. The investigator, involving the participants in criminal proceedings in the production of an investigative action, must explain to them the rights, responsibilities, as well as the procedure for performing the corresponding investigative action. If a victim, witness, specialist, expert or translator is involved in the production of an investigative action, they are warned about the responsibility provided for in Art. 307 and 308 of the Criminal Code. When performing investigative actions, technical means and methods for detecting, fixing and seizing traces of a crime and material evidence may be used. The investigator has the right to involve in the investigative action an official of the body carrying out operational-search activities, about which a corresponding note is made in the protocol. During the production of an investigative action, a protocol is kept in accordance with Art. 166 Code of Criminal Procedure. 10.2. Types of investigative actions Investigative actions include: inspection, examination, investigative experiment, search, seizure, seizure of postal and telegraph items, control and recording of negotiations, interrogation, confrontation, presentation for identification, verification of testimony on the spot, forensic examination. Inspection (Articles 176-178 of the Code of Criminal Procedure). The law distinguishes several types of inspection: inspection of the scene of the incident, terrain, dwelling, objects and documents, examination of the corpse. They are made in order to detect traces of a crime, to clarify other circumstances relevant to the criminal case. In cases of urgency, inspection of the scene of the incident may be carried out before the initiation of a criminal case. The inspection is carried out with the participation of attesting witnesses, except when it is carried out in hard-to-reach areas, in the absence of proper means of communication, and also if its conduct is associated with a danger to people's lives. Inspection of the traces of the crime and other discovered items is carried out at the place of the investigative action. If such an inspection requires a long time or inspection on the spot is difficult, then the items must be seized, packed, sealed, certified by the signatures of the investigator and witnesses at the place of inspection. Only those items that may be relevant to the criminal case are subject to seizure. At the same time, the individual signs and features of the seized items are indicated in the inspection protocol, if possible. Everything discovered and seized during the inspection must be presented to witnesses, other participants in the inspection. Inspection of the dwelling is carried out only with the consent of the persons living in it or on the basis of a court decision. If the persons living in the dwelling object to the inspection, the investigator shall file a petition with the court to conduct the inspection in accordance with Art. 165 Code of Criminal Procedure. Inspection of the premises of the organization is carried out in the presence of a representative of the administration of the relevant organization. If it is impossible to ensure his participation in the examination, an entry is made in the protocol. The examination of the corpse is carried out at the place of its discovery with the participation of witnesses, a forensic medical expert, and if his participation is impossible, a doctor. Unidentified corpses are subject to mandatory photography and fingerprinting. Cremation of unidentified corpses is not permitted. If it is necessary to remove the corpse from the burial place, the investigator issues a decision on exhumation and notifies close relatives or relatives of the deceased about this. The decision is binding on the administration of the respective burial place. If the relatives of the deceased object to the exhumation, permission to carry it out is issued by the court. The exhumation and examination of the corpse are carried out with the participation of witnesses and a forensic expert. An examination (Article 180 of the Code of Criminal Procedure) is an examination of a person’s body in order to detect special signs, traces of a crime, bodily injuries, to identify a state of intoxication or other properties and signs that are relevant to a criminal case, if this does not require forensic examination. An examination of the suspect, the accused, the victim, as well as the witness with his consent, may be carried out, except in cases where the examination is necessary to assess the reliability of his testimony. The investigator issues a decision on the conduct of the examination, which is mandatory for the person being examined. The examination is carried out by the investigator. If necessary, the investigator shall involve a doctor or other specialist in the examination. When examining a person of the opposite sex, the investigator is not present if the examination is accompanied by the exposure of this person. In this case, the examination is carried out by a doctor. Photographing, video recording and filming during exposure may be carried out only with the consent of the person being examined. An investigative experiment (Article 181 of the Code of Criminal Procedure) is an investigative action that consists in conducting special experiments in order to obtain new or verify existing evidence, as well as to verify investigative versions about the mechanism for committing a crime, the origin of any facts and investigative versions about the mechanism of a committed crime . In order to verify and clarify the data relevant to the criminal case, the investigator has the right to conduct an investigative experiment by reproducing actions, as well as the situation or other circumstances of a certain event. At the same time, the possibility of perceiving any facts, performing certain actions, the occurrence of an event is checked, and the sequence of the event that has occurred and the mechanism for the formation of traces are also identified. The production of an investigative experiment is allowed if there is no danger to the health of the persons participating in it. Search (Article 182 of the Code of Criminal Procedure) is an investigative action, the content of which is a forced examination of premises, terrain and other objects or individual citizens in order to find and seize traces, crime instruments, objects and valuables obtained by criminal means, as well as to detect wanted persons and documents relevant to the criminal case under investigation. The basis for the search is the presence of sufficient evidence to believe that in any place or in any person there may be instruments of crime, objects, documents and valuables that may be of importance for a criminal case. The search is carried out on the basis of the decision of the investigator. A search in the dwelling is carried out on the basis of a court decision made in accordance with Art. 165 Code of Criminal Procedure. Prior to the start of the search, the investigator presents a resolution on its conduct or a court decision authorizing its conduct, and offers to voluntarily hand over the items, documents and valuables to be seized, which may be relevant to the criminal case. If they were issued voluntarily and there is no reason to fear their concealment, then the investigator has the right not to conduct a search. The confiscated items, documents and valuables are presented to witnesses and other persons present during the search, and, if necessary, they are packed and sealed at the place of the search, which is certified by the signatures of these persons. With the permission of the investigator, a defense counsel, as well as a lawyer of the person in whose premises the search is being carried out, may be present during the search. During the search, witnesses must be present and a protocol drawn up. Seizure (Article 183 of the Code of Criminal Procedure) is an investigative action that consists in seizing objects and documents relevant to the case from a certain person, when it is precisely established who and where they are located. Seizure is carried out on the basis of a reasoned decision of the investigator. Seizure of items and documents containing state or other secrets protected by federal law, as well as items and documents containing information on deposits and accounts of citizens in banks and other credit organizations, is carried out on the basis of a court decision adopted in the manner established by Art. 165 Code of Criminal Procedure. Prior to the commencement of the seizure, the investigator proposes to hand over the items and documents to be seized, and in case of refusal, he makes the seizure by force. The seizure is carried out in the presence of attesting witnesses and ends with the preparation of a protocol. Seizure of postal and telegraph items (Article 185 of the Code of Criminal Procedure). According to Art. 23 of the Constitution, restriction of the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications is allowed only on the basis of a court decision. Seizure of postal and telegraph correspondence is intended to detain said correspondence in order to obtain evidence about the circumstances relevant to the case, temporarily stop the correspondence of the relevant persons and achieve other goals of the investigation in the case. Seizure of postal and telegraph items, their examination and seizure in communication institutions are carried out only on the basis of a court decision (Article 165 of the Code of Criminal Procedure). The investigator's petition for arrest of postal and telegraph items shall indicate: data on the person and his address, as well as the grounds for arrest, examination and seizure of correspondence. When the court makes a decision to seize postal and telegraph items, a copy of it is sent to the appropriate post office. Inspection, seizure and copying of the items are carried out by the investigator with the participation of attesting witnesses from among the employees of this institution. Arrest for postal and telegraph items is canceled by the investigator no later than the end of the preliminary investigation with notification of the court that made the decision to conduct this investigative action. Control and recording of negotiations (Article 186 of the Code of Criminal Procedure). If there are sufficient grounds to believe that the telephone and other conversations of the suspect, the accused and other persons may contain information relevant to the criminal case, their control and recording is allowed in criminal proceedings on grave and especially grave crimes only on the basis of a court decision. 165 Code of Criminal Procedure). If there is a threat of violence, extortion and other criminal acts against the victim, witness or their relatives, close persons, control and recording of telephone and other conversations is allowed upon a written application of these persons, and in the absence of such an application - on the basis of a court decision. The resolution on the production of control and recording of telephone and other conversations is sent by the investigator for execution to the appropriate body for a period of up to six months. The control shall be terminated no later than the end of the preliminary investigation. The investigator at any time has the right to demand from the body exercising control and recording of negotiations, a phonogram for examination and listening. It is handed over to the investigator in sealed form. On the results of the examination and listening to the phonogram, the investigator, with the participation of attesting witnesses and, if necessary, a specialist, as well as persons whose telephone and other conversations are recorded, draws up a protocol that sets out the part of the phonogram relevant to the criminal case. The phonogram is attached in full to the materials of the criminal case as material evidence and stored in conditions that exclude other persons from familiarizing themselves with it. Interrogation (articles 187-191 of the Code of Criminal Procedure) is an investigative action, consisting in obtaining evidence from a person who has information relevant to the case under investigation. There are the following types of interrogation: 1) according to the age of the person being interrogated (minor, minor, adult); 2) according to the procedural position of the person being interrogated (suspect, accused, victim, witness, expert, specialist); 3) according to the sequence of the interrogation and the amount of information (additional, initial, repeated); 4) by the nature of the investigative situation (in a conflict situation, in a non-conflict situation); 5) according to the composition of the participants in the interrogation (without or with the participation of third parties); 6) at the place of interrogation (in the office of the investigator or the person conducting the inquiry; in another place). A person is summoned for interrogation by a summons, which indicates who and in what capacity is summoned, to whom and at what address, the date and time of appearance for interrogation, as well as the consequences of failure to appear without good reason. The summons is handed over to the person summoned for interrogation against receipt or transmitted by means of communication. The person summoned for interrogation must appear at the appointed time or notify the investigator in advance of the reasons for non-appearance. In case of non-appearance without valid reasons, the person summoned for interrogation may be brought in or other measures of procedural coercion may be applied to him, provided for in Art. 111 Code of Criminal Procedure. Before interrogation, the investigator is obliged to warn the victim and the witness about the responsibility for giving knowingly false testimony and refusing to give evidence under Art. 307 and 308 of the Criminal Code. Leading questions are not allowed. Otherwise, the investigator is free to choose the tactics of interrogation. The interrogated person has the right to use documents and records. If the witness came to the interrogation with a lawyer invited by him to provide legal assistance, then the lawyer is present during the interrogation, has the right to give the witness brief consultations in the presence of the investigator, to ask, with the permission of the investigator, questions that the investigator may dismiss, but oblige to include in the protocol of interrogation. At the end of the interrogation, the lawyer has the right to make statements about violations of the rights and legitimate interests of the witness. These statements are also subject to entry into the record of the interrogation. The interrogation is carried out at the place of preliminary investigation. The investigator has the right, if he considers it necessary, to conduct an interrogation at the location of the interrogated. The interrogation cannot last continuously for more than four hours. Continuation of interrogation is allowed after a break of at least one hour for rest and eating, and the total duration of interrogation during the day should not exceed eight hours. If there are medical indications, the duration of the interrogation is determined on the basis of a doctor's opinion. The suspect must be interrogated no later than 24 hours from the moment the decision to initiate a criminal case is made, except in cases where the location of the suspect is not established, or from the moment of his actual detention. He has the right to use the assistance of a defense counsel during interrogation and to have a meeting with a defense counsel before the first interrogation. Confrontation (Article 192 of the Code of Criminal Procedure) is an investigative action consisting in the simultaneous interrogation of two previously interrogated persons on circumstances significant to the case, about which they give conflicting testimony. The investigator finds out from the persons between whom the confrontation is being held whether they know each other and what kind of relationship they have with each other. The interrogated persons are invited in turn to testify on the circumstances for the clarification of which a confrontation is held. After testifying, the investigator may ask questions to each of the interrogated persons. Persons between whom a confrontation is being held may, with the permission of the investigator, ask questions to each other. During the confrontation, the investigator has the right to present material evidence and documents. Reading out the testimonies of interrogated persons contained in the protocols of previous interrogations, as well as playing audio and (or) video recordings, filming these testimonies is allowed only after the testimonies of the indicated persons or their refusal to testify at the confrontation. In the protocol of the confrontation, the testimonies of the interrogated persons are recorded in the order in which they were given. Each of the interrogated persons signs his testimony, each page of the protocol and the protocol as a whole. Presentation for identification (193 Code of Criminal Procedure) is an investigative action consisting in showing the victim, witness, suspect or accused of any object in order to establish identity or difference with the object that was in the past the object of observation of the identifying person. The investigator may present for identification a person or object to a witness, victim, suspect or accused. A corpse may also be presented for identification. The identifying persons are preliminary questioned about the circumstances under which they saw the person or object presented for identification, as well as about the signs and features by which they can identify it. A repeated identification of a person or object by the same identifying person and on the same grounds cannot be carried out. A person is presented for identification together with other persons, if possible outwardly similar to him. The total number of persons presented for identification must be at least three. This rule does not apply to the identification of a corpse. Before the start of the identification, the person being identified is invited to take any place among the presented persons, about which a corresponding entry is made in the protocol of identification. If it is impossible to present a person, identification may be carried out by his photograph, presented simultaneously with photographs of other persons outwardly similar to the person being identified. The number of photographs must be at least three. The object is presented for identification in a group of homogeneous objects in the amount of at least three. If the identifying person pointed to one of the persons presented to him or one of the objects, then the identifying person is invited to explain by what signs or features he identified this person or object. Leading questions are not allowed. Presentation for identification is carried out with the participation of witnesses. Verification of testimony on the spot (Article 194 of the Code of Criminal Procedure) is a complex investigative action, consisting in showing the previously interrogated person the place and objects related to the event under investigation, giving evidence about the event and demonstrating individual actions in order to verify existing and find new evidence. The tasks of checking the testimony on the spot are: - detection of the place and objects with which the occurred event is connected; - identification of previously unknown witnesses, victims and suspects; - confirmation of testimony by available evidence at the scene of the event. Verification of testimony on the spot is carried out in order to establish new circumstances relevant to the criminal case. Testimony previously given by the suspect or accused, as well as by the victim or witness, may be verified or clarified on the spot associated with the event under investigation. Verification of testimony on the spot consists in the fact that the previously interrogated person reproduces the situation and circumstances of the event under investigation on the spot, points to objects, documents, traces that are important for the criminal case, and demonstrates certain actions. Any outside interference in the course of the check and leading questions are unacceptable. Simultaneous on-site verification of the testimony of several persons is not allowed. Verification of testimony begins with a proposal to the person to indicate the place where his testimony will be verified. After a free story and demonstration of actions, questions may be asked to the person whose testimony is being checked. Production of a forensic examination (Chapter 27 of the Code of Criminal Procedure). Forensic examination is a procedural action consisting in the production, on behalf of the bodies of inquiry, preliminary investigation and court, in the procedural form established by law, special studies of objects in certain areas of science, art or craft and giving an opinion on issues raised on the merits of the case. Having recognized the need to appoint a forensic examination, the investigator issues a decision on this, and, if necessary, initiates a petition before the court, which indicates: 1) the grounds for appointing a forensic examination; 2) the surname, name and patronymic of the expert or the name of the expert institution in which the forensic examination is to be carried out; 3) questions put to the expert; 4) materials placed at the disposal of the expert. Forensic examination is carried out by state forensic experts and other experts from among persons with special knowledge. The investigator introduces the decision on the appointment of a forensic examination of the suspect, the accused, his defense counsel and explains to them their rights. A record of this is drawn up, signed by the investigator and persons who are familiar with the decision. The appointment and production of a forensic examination is mandatory to establish: 1) the causes of death; 2) the nature and degree of harm caused to health; 3) the mental or physical state of the suspect or the accused, when there is doubt about his sanity; 4) the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the case, and testify about them; 5) the age of the suspect, the accused, the victim, when this is important for the criminal case, but documents on age are missing or in doubt. The investigator is obliged to familiarize the suspect, the accused and his defense counsel with the decision to appoint an examination and explain the rights provided for in Art. 198 Code of Criminal Procedure. If necessary, the investigator receives samples for comparative study. The decision on the appointment of an expert examination and the materials necessary for its production, the investigator sends to the head of the expert institution, who entrusts the performance of the expert examination to a specific expert and explains to him the rights, obligations and liability for giving a deliberately false conclusion. Having received the expert opinion, the investigator presents it to the suspect, the accused and the defense counsel, explaining to them the right to apply for an additional or repeated expert examination. 11 Theme Involvement as a defendant 11.1. The concept and meaning of bringing a person as an accused Involvement as an accused is a complex procedural action carried out by the investigator in the presence of sufficient evidence confirming the involvement of a person in a crime. The investigator issues a reasoned decision to bring him as an accused, and this means that a new participant in the criminal process is included in the procedural activity - the accused, who is endowed with broad rights to challenge the charges and has the opportunity to actively influence the course and direction of the investigation. In this regard, when charges are brought, the accused is explained the rights provided for in Parts 3 and 4 of Art. 47 of the Code of Criminal Procedure, and measures must be taken to ensure them. The procedural figure of the accused appears in a criminal case from the moment a decision is made to implicate a person as an accused and an indictment (Part 1, Article 47 of the Code of Criminal Procedure). The concept of "involvement as an accused" should be considered as a procedural form that reflects the judgment of the investigator, interrogating officer about the unlawful actions of a person. The correct solution of the issue of involvement as an accused ensures the legality and protection of the interests of society, the rights and freedoms of citizens. 11.2. Grounds and procedural procedure for bringing as an accused The basis for bringing as an accused is the presence of "sufficient evidence" indicating the commission of a crime by a specific person (part 1 of article 171 of the Code of Criminal Procedure). The concept of "sufficiency" covers both the quantitative and qualitative side of the phenomenon. The evidence that forms the basis of the decision must be reliable, and their number must be a set that allows you to make the right decision. By the time a decision is made to prosecute as a defendant, the act under investigation must be proven: whether it really took place; whether it was committed by a person whose involvement as an accused is being decided; whether the act of this person contains elements of a particular crime; whether there are no circumstances excluding the proceedings and criminal liability of this person. After the issuance of a decision on the involvement as an accused, the presentation of charges follows. It is made no later than three days from the date of the decision to bring him as an accused. If the defendant or his defense lawyer fails to appear within the term set by the investigator, and also in cases where the whereabouts of the accused is not established, the charge is brought on the day of the actual appearance of the accused or on the day of his arrival. In this case, the investigator is obliged to ensure the participation of the defense counsel (Article 172 of the Code of Criminal Procedure). The presentation of charges is carried out in the following order (Article 172 of the Code of Criminal Procedure). 1. The investigator notifies the accused of the day of bringing charges and at the same time explains to him the right to independently invite a defense lawyer or to petition for the participation of a defense lawyer. To do this, the investigator sends a summons to the accused indicating the time and place of the presentation of charges and the consequences of his failure to appear without a good reason. The summons is handed over to the accused on receipt or transmitted by means of communication. In case of temporary absence of the accused, the summons is handed over to an adult member of his family or handed over to the administration at his place of work or to other persons and organizations that are obliged to hand over the summons to the accused. The accused, who is in custody, is notified through the administration of the place of detention. In case of failure to appear at the appointed time without a good reason, the accused may be brought to the court (Article 113 of the Code of Criminal Procedure). 2. When the accused appears, the investigator ascertains his identity and explains that from the moment the decision was made to prosecute as an accused, the person has acquired the status of an accused and a number of procedural rights and obligations. Then the investigator explains in detail to the accused his rights under Art. 47 Code of Criminal Procedure. The fact of explaining to the accused his rights and obligations is either documented in a special protocol, or a note is made about this on the decision to implicate him as an accused. 3. After familiarizing the accused with his rights and obligations, the investigator files charges. This is carried out in the presence of a defense counsel, if he participates in the case. The investigator announces to the accused the decision to bring him on as an accused (the accused either reads it on his own, or the decision is announced by the investigator). After reading the decision, the investigator must find out whether the accused understands the charge, and, if necessary, explain its essence. The fulfillment of these actions is certified by the signatures of the accused, his defense counsel and the investigator on the decision to bring him as an accused, indicating the date and hour of the presentation of the charge. If the accused refuses to sign, the investigator shall make an appropriate entry in the decision to bring him as an accused. 4. A copy of the decision to impeach as an accused shall be handed over to the accused and his defense counsel, and also sent to the prosecutor. 11.3. Interrogation of the accused An integral part of the prosecution as an accused is the interrogation of the accused, which is of great importance both for the investigator and for the accused himself. The interrogation of the accused is possible only after the presentation of the charge, formulated on the basis of sufficient evidence. When interrogating the accused, the investigator establishes his attitude to the charges brought, checks the correctness of the conclusions made in the decision to bring him as an accused, receives information about other circumstances that testify to additional facts of the criminal activity of the accused or persons who have not been held accountable. At the same time, the explanations of the accused, who denies his guilt or points to circumstances mitigating his responsibility, enable the investigator to carefully check these explanations, as well as, together with the evidence collected in the case, give them an objective assessment. This means that the interrogation of the accused is one of the means of exercising his constitutional right to defense. But, since giving evidence (explanations) is the right of the accused, and not his duty, his interrogation may not take place. At the same time, the accused does not bear criminal liability for refusing to testify or for giving false testimony. The investigator interrogates the accused immediately after the presentation of charges against him, providing him with the opportunity to meet with the defense counsel in private until the interrogation. The accused may be interrogated without defense counsel, if he refused his invitation, except in cases of mandatory participation of defense counsel (in cases of minors; when a person cannot independently exercise his right to defense; with a possible punishment in the form of deprivation of liberty for a term of more than 15 years, life imprisonment or the death penalty; if the case is subject to trial by jury; if the accused petitions for a sentence without a trial). At the beginning of the interrogation, the investigator finds out from the accused whether he pleads guilty, whether he wants to testify on the merits of the charge and in what language. If the accused refuses to testify, the investigator shall make an appropriate entry in the record of his interrogation. Repeated interrogation of the accused on the same charge in the event of his refusal to testify at the first interrogation may be carried out only at the request of the accused himself. 11.4. Amendment and addition of charges. Partial termination of criminal prosecution After the indictment is filed, the collection of evidence continues, taking into account the explanations of the person on the charge brought against him and the possible arguments of the defense. In the course of further investigation, the accusation may not be substantiated by facts to the extent that it was formulated in the decision to prosecute. A slightly different assessment of certain evidence than before is possible, the legal signs of certain actions may change, the need to apply a different criminal law may become apparent, etc. All this sometimes causes a change in the conclusions of the investigator, the need to amend them. Therefore, in the process of further investigation, the accusation can be changed and supplemented. If during the preliminary investigation there are grounds for changing the charge, the investigator, in accordance with Art. 171 of the Code of Criminal Procedure issues a new decision on the involvement of a person as an accused and presents it to the accused. If, in the course of the preliminary investigation, the charge brought against any part was not confirmed, the investigator, by his decision, terminates the case in this part, which he announces to the accused. These norms are based on the idea that, on the one hand, any change in the charges brought is allowed during the preliminary investigation, on the other hand, the accused must be informed of any change in the charge, and before the end of the investigation of the case. Such a provision follows from the need to establish objective truth and firmly guarantees the right of the accused to defense against the accusation, which is clarified during the preliminary investigation. 12 Theme Suspension of preliminary investigation 12.1. The concept and meaning of the suspension of the preliminary investigation In the absence of any obstacles to the performance of the necessary investigative actions, the preliminary investigation from the moment a criminal case is initiated until the day it ends, must be carried out without interruptions. However, when investigating criminal cases, a situation may arise when, regardless of the desire of the investigator, the investigation cannot be continued. In this case, a decision to suspend it is issued. The time from the moment of issuing the said decision to the moment of issuing the decision to resume the preliminary investigation is excluded from the general terms of the investigation in the criminal case. Suspension of a preliminary investigation is a break in the proceedings in a criminal case due to a temporary serious illness of the accused or his inability to participate in the proceedings in a criminal case due to the fact that the person to be brought as an accused has not been identified, or the accused is hiding from the investigation, or there are other reasons for its absence. The significance of the institution of suspension of proceedings in a criminal case is very high, since the legal consequences of the decision to suspend the preliminary investigation is a break not only in the production of investigative actions, but also the observance of time indicators of the preliminary investigation. 12.2. Grounds, conditions and procedural procedure for suspension of the preliminary investigation A preliminary investigation may be suspended only if there are grounds specified in the law and only if the conditions provided for by law are met. The grounds for suspension of the preliminary investigation are the factual circumstances that prevent its continuation and completion. They are listed in Part 1 of Art. 208 Code of Criminal Procedure. Preliminary investigation shall be suspended only in the following cases: 1) when the person subject to prosecution as an accused has not been identified; 2) if the accused has absconded from the investigation or his location has not been established for other reasons; 3) when the location of the accused is known, but there is no real possibility of his participation in the criminal case; 4) temporary serious illness of the suspect, certified by a medical report, which prevents his participation in investigative or other procedural actions. The conditions for suspending the preliminary investigation are: - performing all necessary and possible investigative actions in the absence of the accused, proving the event of the crime and the participation of a certain person in it; - the expiration of the term of the preliminary investigation, if the person to be brought as the accused has not been identified, or if the accused has fled from the investigation or his location has not been established for other reasons; - taking all procedural and operational-search measures to detect the accused or identify the person who committed the crime. 12.3. Resumption of suspended preliminary investigation Proceedings on a criminal case are suspended until the search for the accused who has escaped or until his whereabouts are discovered, if it is unknown; or until the identification of the person who committed the crime; or until the recovery of the accused. If these grounds fall away, the preliminary investigation is resumed and ends in the general order. Preliminary investigation is also resumed in cases where it became necessary to carry out additional investigative actions on the suspended case. The suspended preliminary investigation may also be resumed on the basis of the decision of the head of the investigative body in connection with the cancellation of the relevant decision of the investigator. The accused, his defense counsel, the victim, his representative, the civil plaintiff, the civil defendant or their representatives, as well as the prosecutor are informed about the resumption of the preliminary investigation (Article 211 of the Code of Criminal Procedure). 13 Theme End of preliminary investigation 13.1. The concept and forms of the end of the preliminary investigation The essence of the end of the preliminary investigation is that the investigator sums up his work on the investigation of the crime, evaluates the collected evidence in terms of the completeness and comprehensiveness of the study of all the circumstances of the committed act and the sufficiency of evidence to make a final decision on the case. Having recognized that the preliminary investigation has been carried out comprehensively and completely, all the planned versions have been checked and all the circumstances to be proven have been established, the investigator decides to end the investigation. The preliminary investigation may be completed in one of the following forms: 1) drawing up an indictment; 2) drawing up a decision to terminate the criminal case; 3) drawing up a decision to send the case to court for the application of a compulsory measure of a medical nature. The structure of the end of the preliminary investigation in any of these forms should be the following procedural actions: 1) assessment of the evidence collected in the case in terms of their sufficiency for the formation of a reliable conclusion about the possibility and form of ending the investigation; 2) systematization of the materials of the criminal case; 3) announcement to the participants of the proceedings about the completion of the collection of evidence and explaining to them the right to familiarize themselves with the case materials; 4) consideration and resolution of petitions filed by them upon familiarization with the case materials; 5) presentation of additional materials to the participants in the proceedings, if they appeared as a result of the satisfaction of applications; 6) drawing up a final document that completes the investigation of the case. 13.2. Termination of a criminal case: grounds and procedural order Termination of a criminal case is a form of ending the preliminary investigation, in which the investigator completes the proceedings on the criminal case by his decision without subsequent referral of the case to the court. An investigation in a criminal case shall be terminated if, as a result of it, circumstances have been established that exclude the possibility or necessity of further proceedings on the case. A justified and timely termination of a criminal case protects the innocent from criminal liability or excludes the application of criminal punishment to those persons who do not pose a great public danger due to the insignificance of the committed act and subsequent reconciliation with the victim, active repentance or other circumstances provided for by law. The Criminal Procedure Law provides for an exhaustive list of grounds for terminating a criminal case (Article 212 of the Code of Criminal Procedure). The preliminary investigation is terminated: 1) if there are circumstances excluding the proceedings (Article 24, paragraphs 3-8 of part 1 of Article 27 of the Code of Criminal Procedure); 2) the non-involvement of the suspect or the accused in the commission of a crime has been established (clause 1, part 1, article 27 of the Code of Criminal Procedure); 3) there are circumstances that allow the investigator and interrogating officer, with the consent of the prosecutor, to release the person from criminal liability (Articles 25, 26, 28 of the Code of Criminal Procedure). The grounds for the termination of the criminal case, provided for in paragraphs 1, 2 of part 1 of Art. 24 (absence of an event of a crime and the absence of corpus delicti in the act) and paragraph 1 of part 1 of Art. 27 of the Code of Criminal Procedure (non-involvement of the suspect or the accused in the commission of a crime) are rehabilitating and mean the recognition of the innocence of a person in the commission of a crime. In the event of termination of the case on these grounds, the investigator or prosecutor takes the measures provided for by the Code of Criminal Procedure to rehabilitate the person and compensate for the harm caused to him as a result of criminal prosecution (part 2 of article 212 of the Code of Criminal Procedure). The procedure for terminating a criminal case is established by Art. 213 Code of Criminal Procedure. The case is terminated by decision of the investigator, a copy of which is sent to the prosecutor. The ruling specifies: 1) the date and place of its compilation; 2) position, surname and initials of the investigator; 3) the circumstances that served as a pretext and grounds for initiating a criminal case; 4) paragraph, part, article of the Criminal Code, providing for the crime, on the grounds of which a criminal case was initiated; 5) the results of the preliminary investigation, indicating the data on the persons against whom the criminal prosecution was carried out; 6) the preventive measures applied; 7) paragraph, part, article of the Code of Criminal Procedure, on the basis of which the criminal case is terminated; 8) a decision to cancel the measure of restraint, as well as the seizure of property, correspondence, suspension from office, control and recording of negotiations; 9) decision on material evidence; 10) the procedure for appealing this decision. Termination of a criminal case due to the expiration of the statute of limitations for criminal prosecution; due to the absence of a court opinion on the presence of signs of a crime or due to the lack of consent of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification board of judges to initiate a criminal case or to involve a circle of persons established by law as an accused (clause 3,6 of part 1 article 24 Code of Criminal Procedure); in connection with the reconciliation of the parties; in connection with active repentance (Articles 25, 28 of the Code of Criminal Procedure), as well as in connection with an act of amnesty or the refusal of the Federation Council or the State Duma to give consent to the deprivation of the immunity of persons established by law (clauses 3, 6 of part 1 of Article 27 of the Code of Criminal Procedure ) is allowed only with the consent of the accused. The investigator hands or sends a copy of the decision to terminate the criminal case to the person in respect of whom the criminal prosecution has been terminated, to the victim, the civil plaintiff and the civil defendant. At the same time, the victim, the civil plaintiff, is explained the right to bring a claim in civil proceedings if the case is terminated on the grounds provided for in paragraphs 2-6 of part 1 of Art. 24, Art. 25, paragraph 2-6, part 1, art. 27, 28 Code of Criminal Procedure. In cases where there are several defendants in a criminal case, and the criminal prosecution is terminated in respect of only one of them, the investigator, in accordance with Art. 27 of the Code of Criminal Procedure issues a decision to terminate the criminal prosecution against this accused. Having recognized the investigator's decision to terminate the criminal case or criminal prosecution as unlawful or unfounded, the prosecutor submits a reasoned decision to send the relevant materials to the head of the investigative body to resolve the issue of canceling the decision to terminate the criminal case. Having recognized the investigator's decision to terminate the criminal case or criminal prosecution as unlawful or unfounded, the prosecutor cancels it and resumes criminal proceedings. If the court recognizes the investigator's decision to terminate the criminal case or criminal prosecution as unlawful or unreasonable, then he makes an appropriate decision and sends it to the head of the investigative body for execution. The resumption of proceedings on a previously terminated case may take place in accordance with the emergence of new or newly discovered circumstances, but only if the statute of limitations for bringing a person to criminal responsibility has not expired. The decision to resume proceedings in a criminal case is communicated to the accused, his defense counsel, the victim, his representative, the civil plaintiff, the civil defendant or their representatives, as well as the prosecutor. 13.3. Completion of the preliminary investigation by drawing up an indictment The main form of completion of the preliminary investigation is the preparation of an indictment and the direction of the criminal case to the prosecutor. But before starting to draw up an indictment, the investigator is obliged to perform a number of procedural actions aimed at ensuring the rights of participants in the criminal process. According to Art. 215 of the Code of Criminal Procedure, the investigator, having recognized the preliminary investigation as completed, and the evidence collected sufficient to draw up an indictment, notifies the accused about this and explains to him the right to familiarize himself with all the case materials, both personally and with the help of a defense counsel and legal representative. The defendant and the legal representative of the accused, as well as the victim, civil plaintiff, civil defendant and their representatives are also notified of the completion of investigative actions, and at the same time they are explained the right to familiarize themselves with the case materials. If the defender of the accused or the representative of the victim, civil plaintiff, civil defendant, for valid reasons, cannot appear for familiarization with the case at the appointed time, the investigator shall postpone the familiarization for a period of not more than five days. If they so request, the investigator shall acquaint the victim, civil plaintiff, civil defendant and their representatives with the materials of the criminal case in full or in part. The civil plaintiff, the civil defendant or their representatives get acquainted with the materials of the criminal case in the part that relates to the civil suit (Article 216 of the Code of Criminal Procedure). Having familiarized the victim, the civil plaintiff, the civil defendant or their representatives with the materials of the criminal case, the investigator shall present to the accused and his defense counsel the filed and numbered materials of the criminal case. Material evidence and, at the request of the accused or his defense counsel, phonograms, audio and video recordings, photographs and other appendices to the protocols of investigative actions are also presented for review. At the request of the accused and his counsel, the investigator provides them with the opportunity to study the materials of the criminal case separately. If several defendants are involved in the proceedings on a criminal case, the sequence in which they and their lawyers present the materials of the criminal case shall be established by the investigator. In the process of familiarization with the materials of the criminal case, which consists of several volumes, the accused and his defense lawyer have the right to repeatedly refer to any of them, as well as write out any information and in any volume, make copies of documents, including with the help of technical means. Copies of documents and extracts from the criminal case, which contains information constituting a state or other secret protected by federal law, are kept in the case and provided to the accused and his defense counsel during the trial. The accused and the defense counsel cannot be limited in the time they need to familiarize themselves with the materials of the criminal case. If it is impossible for the defense counsel chosen by the accused to appear to familiarize himself with the materials of the criminal case, the investigator, after five days, has the right to propose to the accused to choose another defense counsel or, if there is a petition from the accused, take measures for the appearance of another defense counsel. If the accused refuses the proposed defense counsel, the investigator presents him with the materials of the criminal case for review without a defense counsel, except in cases where the participation of a defense counsel is mandatory. If the accused, who is not in custody, does not appear without good reason or otherwise evades familiarization with the materials of the criminal case, the investigator, after five days from the date of the announcement of the end of investigative actions or from the date of completion of familiarization of other participants in the criminal case with the materials of the criminal case, of the court proceedings draws up an indictment and sends the materials of the case to the prosecutor. When familiarizing himself with the materials of the case, the investigator, in appropriate cases, explains to the accused his right to petition: 1) for consideration of the criminal case by a court with the participation of jurors; 2) consideration of the case by a panel of three judges of a federal court of general jurisdiction; 3) application of a special procedure for judicial proceedings; 4) holding a preliminary hearing. If the accused refused to get acquainted with the materials of the case, this is indicated in the protocol, and the reasons for the refusal are stated, if the accused reported them. Petitions for supplementing the preliminary investigation may be filed by the accused and his counsel orally or in writing. Stated petitions are recorded in the protocol, and written petitions are attached to the case. 13.4. Indictment: concept, meaning, structure and content After all these actions are completed, the investigator draws up an indictment. An indictment is a procedural document that sums up the results of the preliminary investigation, draws conclusions reached by the investigator on the basis of a comprehensive, complete and objective study of the circumstances of the case. The indictment contains the wording of the accusation and evidence confirming the event of the crime and the guilt of the person in its commission. This procedural act determines the subsequent limits of the trial. It is awarded to the accused after the appointment of the trial. According to Art. 220 of the Code of Criminal Procedure in the indictment, the investigator indicates: 1) the surnames, first names and patronymics of the accused or accused; 2) data on the identity of each of them; 3) the essence of the accusation, the place and time of the commission of the crime, its methods, motives, goals, consequences and other circumstances relevant to the given criminal case; 4) the wording of the charge, indicating the paragraph, part, article of the Criminal Code, providing for liability for this crime; 5) a list of evidence supporting the accusation; 6) a list of evidence referred to by the defense party; 7) circumstances mitigating and aggravating punishment; 8) information about the victim, the nature and amount of harm caused to him by the crime. The indictment must contain references to the volumes and pages of the criminal case. The indictment shall be signed by the investigator indicating the place and date of its compilation. The indictment shall be accompanied by a list of persons to be summoned to the court session by the prosecution and the defense, indicating their place of residence or location. In addition, the indictment shall be accompanied by a statement on the time of the investigation, on the preventive measures chosen, indicating the time of detention and house arrest, on material evidence, on the civil suit, on the measures taken to secure the civil suit and on the possible confiscation of property, on procedural costs, and, if any, for the accused, injured dependents - about the measures taken to ensure their rights. The certificate must contain the relevant sheets of the case. After the investigator signs the indictment, the criminal case is immediately sent to the prosecutor. 13.5. Actions and decisions of the prosecutor in a case filed with an indictment The prosecutor considers the criminal case received from the investigator with the indictment and within 10 days makes one of the following decisions on it: 1) confirm the indictment and send the case to court; 2) terminate the case in full or terminate the criminal prosecution against individual accused or on individual episodes of the crime; 3) return the case to the investigator for additional investigation with their written instructions; 4) send the case to a higher prosecutor for approval of the indictment, if the case is within the jurisdiction of a higher court. The prosecutor's decision to return the criminal case to the investigator may be appealed by him with the consent of the head of the investigative body to a higher prosecutor, and if he disagrees with his decision - to the Prosecutor General of the Russian Federation with the consent of the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation or the head of the investigative body of the relevant federal executive body (under the federal body executive power). The higher prosecutor, within 72 hours from the moment of receipt of the relevant materials, issues one of the following decisions: 1) to refuse to satisfy the petition of the investigator; 2) on the annulment of the decision of the lower prosecutor. In this case, the higher prosecutor approves the indictment and sends the case to court. 14 Theme Preparing a case for trial 14.1. The essence and significance of the stage of preparing the case for the court session The essence of this stage of the process is that the judge alone or in the course of a preliminary hearing of the case with the participation of the parties finds out the existence of legal and factual grounds for considering the case on the merits. It does not prejudge questions about the guilt of the defendant. The pre-trial stage has two objectives: 1) to establish whether there are any obstacles to the continuation of criminal proceedings in the case; 2) create the necessary conditions for the upcoming court session. That is, this stage acts, on the one hand, as a verification stage in relation to the pre-trial stages, and on the other, as a preparatory stage in relation to the trial stage. The decision of the judge on the appointment of a court session determines the scope of the trial. From the moment the decision on the appointment of a court session is made, the accused becomes a defendant. When performing preparatory actions for the court session, the judge must ensure that only such cases are included in the trial that are investigated comprehensively and objectively, without significant violations of the criminal procedure law, and thereby create conditions for ensuring the rights of participants in the process and issuing a lawful and justified sentence. 14.2. Procedure for preparing for a trial. Issues resolved by the judge when preparing the case for the court session According to the provisions of sect. IX of the Code of Criminal Procedure, preparatory actions for a court session can be carried out either by a judge alone, or by way of a preliminary hearing of the case with the participation of the parties. A preliminary hearing is appointed by the judge in the following cases: 1) if there is a petition of the party to exclude evidence; 2) if there are grounds for returning the criminal case to the prosecutor; 3) if there are grounds for suspension or termination of the case; 4) if there is a petition of the party to conduct a trial in the manner prescribed by Part 5 of Art. 247 Code of Criminal Procedure. The procedure for conducting a preliminary hearing is established by Art. 234 Code of Criminal Procedure. A preliminary hearing is held by a single judge with the participation of the parties in a closed court session. Notice of summoning the parties must be sent at least three days before the date of the preliminary hearing. A preliminary hearing may be held in the absence of the accused at his request or if there are grounds for holding a trial in the manner of Part 5 of Art. 247 Code of Criminal Procedure. The absence of other timely notified participants in the criminal case does not prevent the holding of a preliminary hearing. A record is kept during the preliminary hearing. When performing preparatory actions, in any case, two groups of issues must be resolved: the first is related to checking the grounds for scheduling a court session, the second - to preparing for the consideration of the case in a court session, if the judge has made the appropriate decision. The first group consists of the following questions (Article 228 of the Code of Criminal Procedure): 1) whether the criminal case is within the jurisdiction of the given court; 2) whether copies of the indictment or indictment have been served; 3) whether the chosen preventive measure is subject to cancellation or change; 4) whether the submitted petitions and submitted complaints are subject to satisfaction; 5) whether measures have been taken to ensure compensation for damage caused by the crime and possible confiscation of property; 6) Are there grounds for a preliminary hearing? Having made a decision to schedule a court session, the judge resolves the second group of issues related to ensuring the consideration of the case on the merits (Article 231 of the Code of Criminal Procedure): 1) the place and time of the trial; 2) consideration of a criminal case individually or collectively; 3) appointment of a defense counsel in cases of his mandatory participation; 4) summoning to the court session the persons according to the lists submitted by the parties; 5) consideration of the criminal case in a closed court session; 6) measure of restraint, with the exception of cases of choosing a measure of restraint in the form of house arrest or detention. 14.3. Decisions taken in the preparatory stage The judge alone can decide on the direction of the criminal case according to jurisdiction, on the appointment of a preliminary hearing and the appointment of a court session. The preliminary hearing may end with the adoption of the following decisions: on the direction of the case for jurisdiction; return of the criminal case to the prosecutor; suspension of the proceedings; termination of the case; appointment of a court session. The decision to appoint a trial is made if the case is within the jurisdiction of this court, investigated in compliance with the requirements of the law and there are no grounds for its suspension or termination. According to Art. 237 of the Code of Criminal Procedure, the criminal case is returned to the prosecutor to remove obstacles to its consideration by the court in the following cases: 1) if the indictment or indictment is drawn up in violation of the requirements of the Code of Criminal Procedure, which excludes the possibility of a court passing a sentence or other decision; 2) a copy of the indictment or indictment was not handed over to the accused; 3) if it is necessary to draw up an indictment or an indictment in a case sent to court with a decision on the application of a compulsory measure of a medical nature; 4) there are grounds for joining criminal cases; 5) when familiarizing the accused with the materials of the case, he was not, in appropriate cases, explained to him the right to file a petition for a preliminary hearing, for the application of a special procedure for judicial proceedings and for a hearing of the case with the participation of jurors or consideration of the case by a panel of three federal judges. At the same time, the judge obliges the prosecutor to ensure the elimination of the violations within five days. According to part 4 of Art. 237 of the Code of Criminal Procedure, the production of any investigative or procedural actions in a criminal case returned to the prosecutor is not allowed. If they were carried out, then their results have no evidentiary value. The Constitutional Court of the Russian Federation in its Resolution of 08.12.2003 No. 18-P recognized Part 4 of Art. 237 of the Code of Criminal Procedure, which is not consistent with the Constitution, and indicated that this provision does not allow the implementation of measures necessary to eliminate the violations found. And this excludes the restoration of the violated rights of participants in the criminal process and does not allow justice to be carried out in the case. However, investigative and other procedural actions that may be carried out after the return of the case to the prosecutor, within the meaning of the decision of the Constitutional Court of the Russian Federation, cannot be related to filling in the incompleteness of the preliminary investigation. At the same time, the judge obliges the prosecutor to ensure the elimination of the violations within five days. The decision to suspend proceedings in a criminal case is taken in the following cases: 1) if the accused has fled and his whereabouts are unknown; 2) serious illness of the accused, confirmed by a medical report; 3) sending a request by the court to the Constitutional Court of the Russian Federation or acceptance by the Constitutional Court of the Russian Federation for consideration of a complaint about the compliance of the law to be applied in this case with the Constitution; 4) when the location of the accused is known, but there is no real possibility of his participation in the trial. In accordance with paragraph 3-6 h. 1 Article. 24, paragraph 3-8, part 1, art. 27 and from Art. 239 of the Code of Criminal Procedure, the decision to terminate a criminal case or criminal prosecution is made on the following grounds: - expiration of the statute of limitations for criminal prosecution; - the death of the accused, except in cases where the proceedings are required for his rehabilitation; - the absence of a statement of the victim in cases of private and private-public prosecution; - the absence of a court opinion on the presence of signs of a crime in the actions of a member of the Federation Council or a deputy of the State Duma, judges of the Constitutional, Supreme, Supreme Arbitration and other courts, as well as a deputy of the legislative body of a constituent entity of the Russian Federation, investigators and lawyers; - the presence of an act of amnesty; - the presence of a court verdict that has entered into legal force or a court decision to dismiss the case on the same charge; - the presence of a non-cancelled decision of the body of inquiry, investigator or prosecutor to dismiss the case on the same charge; - the refusal of the State Duma to give consent to the deprivation of immunity of the President of the Russian Federation, who has ceased to exercise his powers, or the refusal of the Federation Council to deprive the immunity of this person, the absence of a court opinion on the presence of signs of a crime in the actions of a member of the Federation Council or a deputy of the State Duma, judges of the Constitutional, Supreme, the Supreme Arbitration and other courts, as well as a deputy of the legislative body of a constituent entity of the Russian Federation, investigators and lawyers; - when the prosecutor refuses to accuse. In addition, the judge may terminate the criminal case if there are grounds provided for in Art. 25 (reconciliation of the parties), 26 (due to a change in the situation), 28 (due to active repentance) of the Code of Criminal Procedure. Any of these decisions must be made by the judge no later than 30 days from the day the case was received by the court, and if the accused is in custody, then no later than 14 days. 15 Theme General conditions of legal proceedings 15.1. The concept and meaning of the general conditions of the trial Throughout the trial, in all its parts, there are certain rules that are singled out in a separate chapter (Chapter 35 of the Code of Criminal Procedure) and which are usually called the general conditions of the trial. The general conditions of the trial are the rules fixed by law that reflect the most characteristic features of this stage of the process and ensure the implementation of the principles of criminal proceedings in it. The general conditions lay the foundations for the order of the trial as a whole and in its individual parts. 15.2. System of General Conditions of Trial The general conditions of the trial include: immediacy and orality; immutability of the composition of the court; the role and powers of the chairman; the powers of the participants in the trial; the limits of litigation; the procedure for issuing a ruling and resolution; the rules of the court session; measures of influence for violation of order in the court session; minutes of the court session. immediacy and orality. In court proceedings, all evidence in a criminal case is subject to direct examination. The court hears the testimony of the defendant, victim, witnesses, expert opinion, examines material evidence, reads protocols and other documents, and performs other judicial actions to examine evidence. The disclosure of testimonies given during the preliminary investigation is possible only in cases established by law. The verdict of the court may be based only on the evidence that was examined in the court session. Invariability of the composition of the court. A criminal case is considered by the same judge or in the same composition of the court. If any of the judges is deprived of the opportunity to continue participating in the session, he or she is replaced by another judge, and the trial of the criminal case begins anew. The role and powers of the chairman. The presiding judge leads the court session, takes all the measures provided for by the Code of Criminal Procedure to ensure the competitiveness and equality of the parties. The presiding judge ensures compliance with the order of the court session, explains to all participants in the trial their rights and obligations, the procedure for their implementation and the rules of the court session. The objections of any of the persons participating in the court proceedings against the actions of the presiding judge shall be recorded in the minutes of the court session. Powers of the participants in the trial. At the court session, the parties to the prosecution and the defense enjoy equal rights to file challenges and motions, present evidence, participate in their study, speak in judicial debates, submit written formulations to the court on issues, to consider other issues arising in the course of the trial of a criminal case. Prosecutor's involvement. The participation of the public prosecutor is obligatory in the trial of a criminal case of a public and private-public prosecution, as well as in the trial of a criminal case of a private prosecution, if it was initiated by an investigator or interrogating officer with the consent of the prosecutor. In criminal cases of private prosecution, the prosecution in the proceedings is supported by the victim. Public prosecution may be supported by several prosecutors. If during the trial it is found that the further participation of the prosecutor is impossible, he may be replaced. The court provides time for a newly joined prosecutor to familiarize himself with the materials of the criminal case and prepare for participation in the trial. The replacement of the prosecutor does not entail the repetition of actions that had been committed in court by that time. At the request of the prosecutor, the court may repeat the interrogation of witnesses, victims, experts or other judicial actions. The public prosecutor presents evidence and participates in their examination, expresses to the court his opinion on the merits of the accusation, as well as on other issues arising during the trial, makes proposals to the court on the application of criminal law and the imposition of punishment on the defendant. The public prosecutor submits or supports the civil claim filed in the case, if it is required by the protection of the rights of citizens, public or state interests. If in the course of the trial the public prosecutor comes to the conclusion that the evidence presented does not confirm the charge brought against the defendant, he waives the charge and sets out to the court the reasons for the refusal. The full or partial refusal of the public prosecutor from the charge during the trial entails the termination of the criminal case in full or in the relevant part. The public prosecutor may also change the charge in the direction of mitigation before the court retires to the deliberation room to pass the verdict. participation of the defendant. The trial of a criminal case is conducted with the obligatory participation of the defendant, with the exception of cases when, in a case of a crime of small or medium gravity, the defendant requests consideration in his absence. In exceptional cases, the trial in criminal cases of grave and especially grave crimes may be conducted in the absence of the defendant who is outside the territory of the Russian Federation and (or) avoids appearing in court, if this person has not been held liable in the territory of a foreign state under this criminal case. If the defendant fails to appear, the hearing of the criminal case must be adjourned. The court has the right to bring the defendant who failed to appear without good reason, as well as to apply or change a measure of restraint in relation to him. Defender involvement. The defense counsel of the defendant participates in the examination of evidence, makes motions, expresses to the court his opinion on the merits of the accusation and its proof, on the circumstances mitigating the punishment of the defendant or justifying him, on the punishment, as well as on other issues arising in the trial. If the defender fails to appear and it is impossible to replace him, the trial of the criminal case is postponed. In case of replacement of the defense counsel, the court shall give the defense counsel who has joined the criminal case time to familiarize himself with the materials of the case and prepare for participation in the trial. The replacement of a defense counsel does not entail the repetition of actions that had been committed in court by that time. At the request of the defense counsel, the court may repeat the interrogation of witnesses, victims, experts or other judicial actions. victim participation. The trial of a criminal case takes place with the participation of the victim and (or) his representative. If the victim fails to appear, the court considers the case in his absence, except for cases when the court recognizes his presence as mandatory. In a criminal case of private prosecution, the absence of the victim without good reason shall entail the termination of the case. Participation of a civil plaintiff or a civil defendant. A civil plaintiff, a civil defendant or their representatives shall participate in the proceedings. The court has the right to consider a civil claim in the absence of a civil plaintiff: 1) if the civil plaintiff or his representative solicits; 2) the claim is supported by the prosecutor; 3) the defendant fully agrees with the claim. In other cases, the court, if the civil plaintiff or his representative fails to appear, has the right to leave the civil claim without consideration. In this case, the civil plaintiff retains the right to file a claim in civil proceedings. Litigation limits. The trial of a criminal case in court is carried out only in relation to the accused and only on the charge brought against him. Changing the charge in the trial is allowed if this does not worsen the situation of the defendant and does not violate his right to defense. The procedure for issuing a ruling, ruling. On issues resolved by the court during the court session, the court issues rulings and resolutions, which are subject to announcement in the court session. The ruling or decision on the return of the criminal case to the prosecutor, on the termination of the criminal case, on the selection, change or cancellation of a measure of restraint, on the extension of the period of detention, on challenges, on the appointment of an expert examination shall be issued in the deliberation room and set out in the form of a separate procedural document signed by the judge or judges, if the case is considered by the court in a collegiate composition. All other rulings or resolutions, at the discretion of the court, are taken out in the courtroom and recorded in the minutes. Rules of the court session. When the judges enter, all those present in the courtroom stand up. All participants in the proceedings turn to the court, give testimony and make statements while standing. Deviation from this rule may be allowed with the permission of the presiding officer. The participants in the trial, as well as other persons present in the courtroom, address the court with the words "Dear Court", and to the judge - "Your Honor". The bailiff ensures the order of the court session, carries out the orders of the presiding judge in the court session. The requirements of the bailiff to ensure the order of the court session are binding on the persons present in the courtroom. Measures of influence for violation of order in the court session. In case of violation of order in the court session, disobedience to the orders of the presiding judge or the bailiff, the person present in the courtroom shall be warned about the inadmissibility of such behavior or removed from the courtroom, or a monetary penalty in the amount of up to 25 times the minimum wage is imposed on him. If the accuser or defense counsel fails to comply with the instructions of the presiding judge, the hearing of the criminal case may be postponed by court ruling or decision, if it is not possible to replace this person with another without prejudice to the criminal case. At the same time, the court notifies the higher prosecutor or the chamber of lawyers accordingly. The defendant may be removed from the courtroom. In this case, the sentence, in any case, is proclaimed in his presence or announced to him against receipt immediately after the proclamation. Minutes of the court session. Minutes are kept during the court session. The protocol can be handwritten or typed, or computer generated. To ensure the completeness of the protocol, shorthand can be used, as well as technical means. The minutes of the court session must include: 1) the place and date of the meeting, the time of its beginning and end; 2) what criminal case is being considered; 3) the name and composition of the court, data on the secretary, translator, prosecutor, defense counsel, defendant, as well as on the victim, civil plaintiff, civil defendant and their representatives, other persons summoned by the court; 4) data on the identity of the defendant and the measure of restraint; 5) actions of the court in the order in which they took place; 6) statements, objections and petitions of persons participating in the case; 7) rulings or rulings of the court, issued without removal to the deliberation room; 8) rulings or resolutions issued by the court with removal to the deliberation room; 9) explaining to the persons participating in the case their rights and obligations; 10) detailed content of the testimony; 11) questions asked by the interrogated and their answers; 12) the results of inspections and other actions taken in the court session to examine evidence; 13) the circumstances that the persons participating in the case ask to be recorded in the protocol; 14) the main content of the speeches of the parties in the judicial debate and the last word of the defendant; 15) information about the announcement of the verdict and an explanation of the procedure for familiarization with the protocol of the court session and making comments on it; 16) explaining to the acquitted and convicted the procedure and term for appealing against the verdict, as well as explaining the right to apply for participation in the consideration of the criminal case by the court of cassation, as indicated in the cassation appeal. In addition, the protocol also indicates the measures of influence taken against the person who violated the order in the court session. During the trial, audio and video recordings of interrogations may be used, which is noted in the minutes of the court session. In this case, the phonogram, video recording shall be attached to the materials of the criminal case. The protocol must be prepared and signed by the presiding judge and the secretary no later than three days from the end of the court session. The protocol during the court session may be prepared in parts, which, like the protocol as a whole, are signed by the presiding judge and the secretary of the court session. At the request of the parties, they may be given the opportunity to familiarize themselves with the parts of the protocol as they are prepared. If there is a written request of a party to get acquainted with the minutes of the court session, the presiding judge shall ensure that it has the opportunity to get acquainted with the minutes within five days from the moment of its signing. The presiding judge has the right to provide other participants in the trial with the opportunity to familiarize themselves with the protocol of the court session at their request and in the part relating to their testimony. In exceptional cases, the presiding judge, at the request of a participant in the trial, may extend the time for familiarization with the minutes of the court session. If a participant in the trial obviously delays familiarization with the minutes of the court session, the presiding judge has the right to set a certain period for familiarization with the minutes by his or her decision. A copy of the protocol is made at the written request of the participant in the trial and at his expense. Within three days after familiarization with the protocol of the court session, the parties may submit comments on the protocol. Comments on the record of the court session shall be considered by the presiding judge immediately. In necessary cases, the chairperson has the right to call the persons who submitted comments to clarify their content. Based on the results of consideration of the remarks, the presiding officer shall issue a decision to certify their correctness or to reject them. Comments on the protocol and the decision of the presiding judge shall be attached to the protocol of the court session. 16 Theme Content and order of the trial 16.1. Preparatory part of the court session The trial consists of five parts: the preparatory part, the trial, the debate of the parties, the last word of the defendant and the verdict. The preparatory part of the trial is intended to verify the existence of the necessary conditions for its conduct and to ensure that all necessary evidence can be examined. It includes a number of procedural actions sequentially carried out by the court (Chapter 36 of the Code of Criminal Procedure): - the presiding judge opens the court session and announces which case is subject to trial; - the secretary of the court session reports on the appearance of the persons summoned by the court and on the reasons for the non-appearance; - Appearing witnesses are removed from the courtroom; - the presiding judge establishes the identity of the defendant and the date of delivery of a copy of the indictment or indictment to him. The court proceedings cannot be started earlier than seven days from the date of delivery to the accused of the said documents or a copy of the decision to change the charge; - the presiding judge announces the composition of the court, informs who is the accuser, defense counsel, victim, civil plaintiff, civil defendant or their representatives, as well as the secretary of the court session, expert, specialist and translator, and explains to the parties the right to challenge the composition of the court; - the presiding judge explains to the defendant, victim, civil defendant, civil plaintiff, expert and specialist their rights; - the presiding judge asks the parties about whether they have motions to demand additional evidence, and the court resolves the stated motions; - if any of the participants in the trial fails to appear, the court, taking into account the opinion of the parties, resolves the issue of the possibility of hearing the case in the absence of those who did not appear or of postponing the hearing of the case. 16.2. judicial investigation The judicial investigation (Chapter 37 of the Code of Criminal Procedure) is the central part of the trial, since it is here that the evidence that the court will then put in support of the verdict is examined. It begins with the presentation by the public prosecutor of the charge brought against the defendant, after which the presiding judge asks the defendant whether he understands the charge and whether he pleads guilty. The procedure for examining evidence in a judicial investigation is determined by Art. 274 of the Code of Criminal Procedure: the prosecution side presents evidence to the court first, then the defense side. The procedure for examining specific evidence is determined by the party that submitted this evidence. The interrogation of the defendant, if he agrees to testify, begins with the defense counsel and other participants in the process on the part of the defense, then - the public prosecutor and other participants in the trial on the part of the prosecution. The court puts questions to the defendant after his interrogation by the parties. With the permission of the presiding judge, the defendant has the right to testify at any time during the trial (Articles 274, 275 of the Code of Criminal Procedure). The interrogation of the victim is carried out first by the prosecution, then by the defense. The victim, with the permission of the presiding judge, may testify at any time during the judicial investigation (Article 277 of the Code of Criminal Procedure). Witnesses are interrogated separately, in the absence of unexamined witnesses. The witness is first interrogated by the party at whose request he is summoned to the court session. The court interrogates the witness after he has been interrogated by the parties (Article 278 of the Code of Criminal Procedure). If it is necessary to ensure the safety of the witness, his relatives and other close persons, the court, without disclosing the true data on the identity of the witness, has the right to interrogate him outside of visual observation by other participants in the trial, about which the court issues a ruling or decision. If the parties file a substantiated petition for the disclosure of information about the person giving evidence, in connection with the need to protect the defendant or to establish any circumstances significant for the consideration of the criminal case, the court has the right to provide them with the opportunity to familiarize themselves with the specified materials. The interrogation of an expert who gave an opinion during the preliminary investigation, in order to clarify or supplement the opinion given by him, is carried out by the court at the request of the parties or on its own initiative. After the announcement of the expert's opinion, he may be asked questions by the parties. In this case, the first questions are asked by the party on whose initiative the examination was appointed. On its own initiative or at the request of the parties, the court may appoint a forensic examination, including additional or repeated. Questions for the permission of the expert are formulated by the court, taking into account the opinions of the parties (Article 283 of the Code of Criminal Procedure). Examination of physical evidence is carried out at any time during the judicial investigation at the request of the parties. Persons who are presented with physical evidence have the right to draw the attention of the court to circumstances relevant to the case (Article 284 of the Code of Criminal Procedure). Announcement of the protocols of investigative actions and other documents is carried out by a court decision in whole or in part, if they set out or certified the circumstances that are relevant to the case. Protocols and documents are announced by the party that requested their disclosure, or by the court (Article 285 of the Code of Criminal Procedure). Documents submitted to the court session by the parties or demanded by the court may be examined and attached to the case by the decision of the court. The court, with the participation of the parties, and, if necessary, with the participation of witnesses, an expert and a specialist, may conduct an inspection of the area and premises. In the course of the judicial investigation, a presentation for identification may be carried out, an investigative experiment and an examination may be carried out (Articles 288-290 of the Code of Criminal Procedure). Upon completion of the study of the evidence submitted by the parties, the presiding judge asks the parties whether they wish to supplement the judicial investigation. If a motion is filed to supplement the judicial investigation, the court discusses and resolves it. After the petitions have been resolved and the necessary judicial actions related to this have been completed, the presiding judge shall declare the judicial investigation completed. The judicial investigation may be resumed if the participants in the pleadings of the parties or the defendant in the last word report on new circumstances that are relevant to the case, or declare the need to present new evidence to the court for examination. At the end of the resumed judicial investigation, the court reopens the debate of the parties and gives the defendant the last word (Article 294 of the Code of Criminal Procedure). 16.3. Arguments of the parties and the last word of the defendant Judicial debate (Article 292 of the Code of Criminal Procedure) sums up the judicial investigation and contains the rationale for the conclusions reached by the participants in the process. Thus, these persons can defend their legitimate interests, and at the same time they contribute to the formation of the internal conviction of judges. Judicial debates consist of speeches by the accuser and defense counsel. In the absence of a defense counsel, the defendant shall participate in the debate. The victim and his representative may also participate in the debate. The civil plaintiff, the civil defendant, their representatives, the defendant may apply for participation in the debate. The sequence of speeches of the participants in the debate of the parties shall be established by the court. In this case, the first in all cases is the accuser, and the last - the defendant and his defense counsel. The civil defendant and his representative act in the debate of the parties after the civil plaintiff and his representative. Participants in the debate are not entitled to refer to evidence that was not considered at the court session or recognized by the court as inadmissible. The court has no right to limit the duration of the debate of the parties. In this case, the chairman has the right to stop the persons participating in the debate. A participant in the debate of the parties shall not have the right to refer to evidence if it relates to circumstances that are not related to the criminal case under consideration, as well as evidence recognized as inadmissible. After all the participants in the debate of the parties have delivered their speeches, each of them may speak one more time with a remark. The right of the last remark belongs to the defendant or his counsel. At the end of the debate, before the court retires to the deliberation room, the participants have the right to submit to the court in writing the wording of the decision they propose on the issues resolved in the court verdict. The proposed wording is not binding on the court. After the end of the debate of the parties, the presiding judge gives the defendant the last word. No questions to the defendant during his last speech are allowed. The court cannot limit the duration of the last word of the defendant to a certain time. At the same time, the presiding judge has the right to stop the defendant in cases where he concerns circumstances that are not related to the case under consideration. After hearing the last word of the defendant, the court retires to the deliberation room to pass the verdict, which the presiding judge announces to those present in the courtroom. 17 Theme Court sentence 17.1. The concept and properties of the sentence A court verdict is a decision on the innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, issued by the court of first instance or appeal (clause 28, article 5 of the Code of Criminal Procedure). The verdict ends the activity of the court of first instance. This is the only procedural document issued in the name of the Russian Federation. The verdict is subject to the requirements of legality, validity and fairness. In accordance with Art. 297 of the Code of Criminal Procedure, a sentence is considered lawful, justified and fair if it is decided in compliance with the procedure established by the Code of Criminal Procedure and is based on the correct application of the criminal law. The reasonableness of the verdict implies that all the conclusions of the court set out in it are based on the evidence examined during the trial and correspond to the actual circumstances of the case. A verdict should be considered fair if it correctly resolves the question of the guilt or innocence of the defendant and the measure of punishment is determined taking into account the gravity of the deed and the personality of the defendant. 17.2. Types of sentences The verdict of the court may be acquittal or guilty. An acquittal is issued: 1) if the event of a crime has not been established; 2) the defendant is not involved in the commission of the crime; 3) there is no corpus delicti in the act of the defendant; 4) a verdict of acquittal has been issued by the jury of the defendant. Acquittal on any of the listed grounds means the recognition of the defendant as innocent and entails his rehabilitation. A guilty verdict cannot be based on assumptions and is decided only on the condition that during the trial the defendant's guilt in committing a crime is confirmed by a sufficient set of reliable evidence examined by the court. A guilty verdict can be: 1) with the imposition of a criminal sentence to be served by the convict; 2) with the imposition of a criminal sentence and release from serving it, if the statute of limitations for criminal prosecution has expired, or an amnesty act has been issued that releases from the application of the punishment imposed on the convicted person by this sentence, or if the time the defendant is in custody, taking into account the rules for offsetting pre-trial detention, absorbs the punishment, assigned to him by the court; 3) without imposition of criminal punishment. 17.3. Sentencing procedure The verdict is decided by the court in the deliberation room. During the sentencing, only judges who are members of the court in this criminal case may be in this room. Judges are not entitled to divulge the judgments that took place during the discussion and decision of the verdict. The court discusses in the deliberation room the issues to be resolved in the verdict, in the order in which they are given in Art. 299 Code of Criminal Procedure: 1) whether it has been proven that the act of which the defendant is accused has taken place; 2) whether it is proved that the act was committed by the defendant; 3) whether this act is a crime, and what paragraph, part, article of the Criminal Code provides for it; 4) whether the defendant is guilty of committing this crime; 5) whether the defendant is subject to punishment for the crime committed by him; 6) whether there are circumstances mitigating or aggravating his punishment; 7) what punishment should be imposed on the defendant; 8) whether there are grounds for issuing a sentence without imposition of punishment or release from punishment; 9) what type of correctional institution and regime should be determined for the defendant when he is sentenced to imprisonment; 10) whether a civil claim is subject to satisfaction, in whose favor and in what amount; 11) how to deal with property that has been seized to secure a civil claim or possible confiscation; 12) how to deal with physical evidence; 13) on whom and in what amount the procedural costs should be imposed; 14) whether the court, in the cases established by law, must deprive the defendant of a special, military or honorary rank, class rank, as well as state awards; 15) whether coercive measures of educational influence can be applied to a minor defendant; 16) whether coercive measures of a medical nature can be applied to defendants suffering from chronic alcoholism, drug addiction or mental illness that does not exclude sanity; 17) should the preventive measure against the defendant be canceled or changed? If the defendant is accused of committing several crimes, the court resolves the issues specified in paragraphs 1-7 for each crime separately. If several defendants are accused of committing a crime, the court resolves these issues in relation to each defendant separately, determining the role and degree of his participation in the committed act. If the case was considered by the collegiate composition of the court, the presiding judge raises the above questions for resolution. When resolving each issue, the judge does not have the right to abstain from voting. All issues are resolved by majority vote. The presiding officer shall be the last to cast his vote. The judge who voted for the acquittal of the defendant and remained in the minority is given the right to abstain from voting on questions of the application of the criminal law. If the opinions of the judges differ on the issues of qualification of the crime or the measure of punishment, then the vote given for acquittal joins the vote given for the qualification of the act under the criminal law, which provides for a less serious crime, and for the imposition of a less severe punishment. An exceptional measure of punishment - the death penalty can be imposed on the guilty only by the unanimous decision of all judges. The judge, who has a dissenting opinion on the verdict, has the right to state it in writing in the deliberation room. A dissenting opinion is attached to the verdict and is not subject to announcement in the courtroom (Article 301 of the Code of Criminal Procedure). 17.4. The content and form of the sentence The verdict is set out in the language in which the trial took place, and consists of an introductory, descriptive-motivational and resolutive parts. The verdict must be written by hand or made with the help of technical means by one of the judges participating in its decision. The verdict is signed by all judges, including the judge who has a dissenting opinion. Corrections in the verdict must be specified and certified by the signatures of all judges in the deliberation room before the verdict is announced (Article 303 of the Code of Criminal Procedure). The introductory part of the judgment reads: 1) on passing judgment in the name of the Russian Federation; 2) the time and place of the judgment; 3) the name of the court that rendered the verdict, the composition of the court, data on the secretary of the court session, prosecutor, defense counsel, victim, civil plaintiff, civil defendant and their representatives; 4) the name, patronymic and surname of the defendant, date and place of his birth, place of residence, place of work, occupation, education, marital status and other information about the identity of the defendant that is relevant to the case; 5) paragraph, part, article of the Criminal Code, providing for liability for the crime of which the defendant is accused (Article 304 of the Code of Criminal Procedure). The descriptive and motivating part of the acquittal states: 1) the substance of the charge brought; 2) circumstances of the case established by the court; 3) grounds for acquittal of the defendant and evidence confirming them; 4) reasons why the court rejects the evidence presented by the prosecution; 5) reasons for the decision in relation to the civil claim. It is not allowed to include in the verdict of acquittal wordings that cast doubt on the innocence of the acquitted person (Article 305 of the Code of Criminal Procedure). The operative part of the judgment of acquittal shall state: 1) last name, first name and patronymic of the defendant; 2) the decision to declare the defendant not guilty and the grounds for his acquittal; 3) the decision to cancel the preventive measure, if it was chosen; 4) a decision to cancel measures to ensure the confiscation of property, as well as measures to ensure compensation for harm, if such measures have been taken; 5) clarification of the procedure for compensation for harm associated with criminal prosecution (Article 306 of the Code of Criminal Procedure). The descriptive-motivational part of the guilty verdict must contain: 1) a description of the criminal offense recognized by the court as proven, indicating the place, time, method of its commission, form of guilt, motives, goals and consequences of the crime; 2) the evidence on which the conclusions of the court in relation to the defendant are based, and the motives on which the court rejected other evidence; 3) an indication of the circumstances mitigating and aggravating the punishment, and if the accusation is found to be unfounded in any part or an incorrect qualification of the crime is established, the grounds and motives for changing the accusation; 4) motives for resolving all issues related to the imposition of a criminal sentence, release from it or from its actual serving, the application of other measures of influence; 4.1) evidence on which the conclusions of the court are based that the property subject to confiscation was obtained as a result of a crime or is the proceeds from this property, or was used or intended to be used as an instrument of crime or to finance terrorism, an organized group, an illegal armed formation , criminal community (criminal organization); 5) substantiation of decisions made on other issues resolved by the court (Article 307 of the Code of Criminal Procedure). The operative part of the guilty verdict must contain: 1) the last name, first name and patronymic of the defendant; 2) a decision to recognize the defendant guilty of committing a crime; 3) an indication of a paragraph, part, article of the Criminal Code, providing for liability for the crime of which the defendant was found guilty; 4) the type and amount of punishment imposed on the defendant for each crime of which he was found guilty; 5) the final measure of punishment to be served; 6) the type and regime of the correctional institution in which the person sentenced to deprivation of liberty must serve his sentence; 7) the duration of the probationary period in case of conditional conviction and the obligations that are assigned to the convict in this case; 8) decision on additional types of punishment; 9) a decision on counting the time of pre-trial detention, if the defendant was detained before the sentence was passed or measures of restraint were applied to him in the form of detention, house arrest, or he was placed in a medical or psychiatric hospital; 10) a decision on a measure of restraint in respect of the defendant until the entry into force of the sentence. If the defendant is charged under several articles of the criminal law, then the operative part of the verdict must specify exactly which of them the defendant is acquitted of and which of which he is convicted of (Article 308 of the Code of Criminal Procedure). In addition, the operative part of the judgment must contain: 1) a decision on a filed civil claim; 2) resolving the issue of physical evidence; 3) a decision on the distribution of procedural costs; 4) an indication of the procedure and time limits for appealing against the verdict, of the right of the convicted and acquitted to petition for participation in the consideration of the case by the court of cassation (Article 309 of the Code of Criminal Procedure). 17.5. Proclamation of judgment After signing the verdict, the court returns to the courtroom and the presiding judge pronounces the verdict. All those present in the courtroom, including the composition of the court, hear the verdict standing. If the verdict is stated in a language that the defendant does not speak, then after the pronouncement of the verdict or simultaneously, it is translated aloud by an interpreter into a language that the defendant knows. If the defendant is sentenced to an exceptional measure of punishment - the death penalty, the presiding judge explains to him the right to petition for pardon. If only the operative part of the verdict is pronounced, the court explains to the participants in the trial the procedure for familiarizing themselves with its full text. Not later than five days after the pronouncement of the verdict, a copy of it shall be handed over to the convicted or acquitted, his defense counsel and prosecutor. Within the same period, a copy of the verdict may be handed over to the victim, civil plaintiff, civil defendant and their representatives, if there is a petition from the said persons. 18 Theme Special procedure for litigation Chapter 40 of the Code of Criminal Procedure provides for the possibility of conducting a simplified trial procedure in cases where the accused agrees with the charge. The essence of such a special order of the trial is that, at the request of the accused, the judge has the right to decide a sentence and impose a sentence without considering the merits of the case. The use of such a simplified procedure provides significant procedural savings, and therefore the accused receives the right to "benefits" when imposing a sentence that does not may exceed two thirds of the maximum term or size of the most severe type of punishment provided for the committed crime. The application of such a procedure for litigation is possible if there are a combination of the following grounds: 1) the person is accused of committing a crime, the punishment for which does not exceed 10 years of imprisonment; 2) the accused voluntarily, after consultation with the defense counsel, submits a petition for the application of a simplified judicial procedure; 3) the public or private prosecutor and the victim do not object to the application of this procedure for the trial. The condition for issuing a sentence without considering the case on the merits is the conviction of the judge that the accused is aware of the nature and consequences of the petition he has filed and that the guilt of the accused is proved by the materials in the case. The order of the trial and the decision of the verdict. The trial is conducted with the obligatory participation of the defendant and his counsel. The judge asks the defendant whether he agrees with the prosecution and whether he confirms his petition for a sentencing without a trial. If the judge comes to the conclusion that the accusation, with which the defendant agreed, is justified, he decides on a guilty verdict and imposes on the defendant a punishment that cannot exceed two-thirds of the maximum term or the amount of the most severe type of punishment provided for the crime committed. Procedural costs in the application of this procedure are not recoverable from the defendant. The verdict delivered in the above manner cannot be appealed to the appellate and cassation instances due to the inconsistency of the court's conclusions with the actual circumstances of the case. 19 Theme Proceedings at the Justice of the Peace 19.1. General characteristics of the proceedings at the justice of the peace In accordance with Federal Constitutional Law No. 31.12.1996-FKZ of December 1, 07.08.2000 "On the Judicial System of the Russian Federation", justices of the peace received the status of the first link in the system of courts of general jurisdiction. The procedure for proceedings in criminal cases before a magistrate was determined by the Federal Law of August 119, XNUMX No. XNUMX-FZ "On the Introduction of Amendments and Additions to the Code of Criminal Procedure of the RSFSR". The jurisdiction of the justice of the peace primarily includes cases of private prosecution. They make up about half of all criminal cases considered by the Justice of the Peace. The order of proceedings in cases of private prosecution is quite specific. In addition, the justice of the peace considers criminal cases with a public form of accusation, the maximum punishment for which does not exceed three years in prison, with a number of exceptions, a list of which is given in Art. 31 Code of Criminal Procedure. Proceedings in cases of this category are carried out by a justice of the peace according to the general procedure for litigation and have no special features, except that the consideration of the case must be started no earlier than 3 and no later than 14 days from the date of its receipt by the justice of the peace. 19.2. Features of consideration by the justice of the peace of cases of private prosecution Criminal cases of private prosecution are initiated against a specific person by filing an application with the court by the victim or his legal representative, except in cases where the information about the offender is unknown to the victim. The application must contain the following details: the name of the court to which it is filed, a description of the crime event and its circumstances, a request to accept the case for proceedings, information about the victim, information about the person held liable, a list of witnesses who need to be summoned to court, the signature of the applicant . The applicant is warned about criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code, about which a note is made in the application. At the same time, the justice of the peace explains to the applicant his right to reconciliation with the person in respect of whom the application has been filed. From the moment the court accepts the application for its proceedings, on which a decision is made, the person who filed it is a private prosecutor. He must be explained the rights of the victim and the private prosecutor, about which a protocol is drawn up, signed by the judge and the person who filed the application. If, after accepting the application for proceedings, it is established that the victim, due to a dependent or helpless state, or for other reasons, cannot protect his rights and legitimate interests, then the justice of the peace has the right to recognize the participation in the case of the legal representative of the victim and the prosecutor as mandatory. If the filed application does not meet the established requirements, the justice of the peace issues a decision on the return of the application to the person who filed it in order to eliminate the deficiencies and sets a time limit for this. If they are not eliminated, the magistrate refuses to accept the application for his proceedings. If the filed application does not contain data on the person who is brought to criminal responsibility, then the justice of the peace refuses to accept the application for its proceedings and sends the said application to the head of the investigative body or the head of the body of inquiry to resolve the issue of initiating a criminal case, of which he notifies the applicant. If an application is filed against a person in respect of whom a special procedure for criminal proceedings is applied, then the justice of the peace refuses to accept the application for his proceedings and sends the application to the head of the investigative body to decide whether to initiate a case in accordance with Art. 448 of the Code of Criminal Procedure, which is notified by the person who submitted the application. At the request of the parties, the justice of the peace has the right to assist them in collecting such evidence that cannot be obtained by the parties on their own. In the event of receipt of applications for reconciliation from the parties, the criminal proceedings are terminated by the decision of the justice of the peace, with the exception of criminal proceedings initiated by the investigator, as well as with the consent of the prosecutor by the interrogating officer, which may be terminated in the manner provided for in Art. 25 Code of Criminal Procedure. Within seven days from the moment the application is accepted for its proceedings, the justice of the peace summons the person against whom the application was filed and acquaints him with the case materials, hands over a copy of the application, explains the rights of the defendant, as well as the right to file a counter-application and finds out who needs to be called. at the hearing as witnesses for the defence. If a counter-application is filed, it may be combined and considered in one proceeding with the original application. Connection is allowed until the beginning of the judicial investigation. At the same time, the persons who filed them participate in the consideration of the case simultaneously as private prosecutors and defendants. Prosecution in private prosecution proceedings is supported by a private prosecutor. The judicial investigation begins with a presentation of the statement of the private prosecutor by himself or his representative. The accuser has the right to present evidence, participate in their examination, express to the court his opinion on the merits of the accusation, on the application of the criminal law, on the imposition of punishment on the defendant, and on other issues arising during the consideration of the case. The accuser may change the accusation, if this does not worsen the position of the defendant, and may also withdraw the accusation. The latter entails the termination of the case. 20 Theme Proceedings in court with the participation of jurors 20.1. General characteristics of the activities of the jury as a special form of administration of justice In accordance with Part 4 of Art. 123 of the Constitution and Art. 30 of the Code of Criminal Procedure, the trial of criminal cases on crimes within the jurisdiction of the regional and equivalent courts may be carried out by a jury. The peculiarity of this court is the separate existence in it of two independent panels and the differentiation of competence between them: a panel of jurors, consisting of twelve people, resolves questions of fact in its verdict, and a professional judge, based on the verdict of the jury, issues a sentence in which it resolves questions of law. The choice of this composition of the court is voluntary and depends on the will of the accused. A criminal case involving several defendants shall be considered by a court with the participation of jurors in respect of all the defendants, if at least one of them files a petition for consideration of the case by the court in this composition. If one or several defendants refuse trial with the participation of jurors, then the issue of separating the criminal case against these accused into a separate proceeding is decided. If it is impossible to separate a criminal case into a separate proceeding, the case as a whole is considered by a court with the participation of jurors. 20.2. Peculiarities of Trial by Jury If the defendant filed a motion for a jury trial, a preliminary hearing is held. In the decision of the judge on the appointment of a court session, the number of candidates for jurors (at least 20) must be determined. The procedure for the formation of a panel of jurors is provided for in Art. 328 Code of Criminal Procedure. The presiding judge delivers a short introductory speech to the candidates for jurors, in which he informs about what case is to be considered, what are the tasks of the jurors. He ascertains from the jurors their awareness of the circumstances of the case, and in case of receiving information about the knowledge of any of the candidates for jurors about this case, decides on the release of him from participation in the case. When declaring self-withdrawal, the presiding judge also decides on the release of this person from participation in the case. After satisfying the self-withdrawals of candidates for jurors, the parties have the right to declare them reasoned challenges. If, as a result of satisfying the declared self-rejections and motivated recusals, there are less than 18 candidates for jurors, the list is replenished. If the number of remaining candidates for jurors is 18 or more, the presiding judge invites the parties to declare unmotivated challenges. If the number of unremoved candidates for jurors exceeds 14, then the first fourteen on the list of candidates are included in the minutes of the court session, at the direction of the presiding judge. The jury is formed in such a way that the first 12 form a jury in a criminal case, and the last two participate in the consideration of the criminal case as reserve jurors. The jurors who are members of the collegium, in the deliberation room, by open voting, elect a foreman, whose duties include leading the deliberation of the jury, addressing the presiding judge on their behalf, filling out a question sheet with the answers of the jury and pronouncing it at the court session (Article 331 of the Code of Criminal Procedure). After the foreman is elected, the jurors take an oath, and the presiding judge explains their rights and obligations. The juror has the right to participate in the examination of all evidence, to ask the presiding judge to clarify the provisions of the law relating to the case, as well as other concepts that are unclear to him, to make written notes during the court session. He must not leave the courtroom during the hearing of the case, communicate on the case with persons who are not members of the court, without the permission of the presiding judge, collect information on the case outside the court session (Article 333 of the Code of Criminal Procedure). The judicial investigation begins with introductory statements by the public prosecutor and defense counsel. The public prosecutor sets out the essence of the charge brought against him and proposes a procedure for examining the evidence presented by him. The defender expresses a position agreed with the defendant on the charges brought and an opinion on the procedure for examining the evidence presented by him. In the course of the judicial investigation with the participation of jurors, the circumstances connected with the previous conviction of the defendant are not investigated. After the end of the judicial investigation, the court proceeds to hearing the arguments of the parties, which are held only within the limits of the issues to be resolved by the jurors. The parties are not entitled to touch upon the circumstances that are considered after the verdict is passed without the participation of jurors. The defendant in accordance with Article. 337 of the Code of Criminal Procedure, the final word is given. After the end of the debate of the parties, the presiding judge formulates the questions to be resolved by the jury: A. Has the relevant act been proven to have taken place? B. Has it been proven that this act was committed by the defendant? B. Is the defendant guilty of this act? Particular questions can also be raised about the circumstances that affect the degree of guilt or change its nature, entail the release of the defendant from liability. If the defendant is found guilty, the question is whether he deserves leniency. Before the jury is removed to the deliberation room, the presiding judge addresses them with a parting word, in which he gives the content of the charge, recalls the evidence examined in court, sets out the positions of the state prosecution and defense, and explains the basic rules for assessing evidence (Article 340 of the Code of Criminal Procedure). In the deliberation room, the jurors must strive to reach unanimous decisions, but if they fail to reach unanimity within three hours, then the decision is made by voting. A guilty verdict is considered adopted if the majority of jurors voted in the affirmative for each of the three questions. A verdict of not guilty is considered adopted if at least six jurors voted for a negative answer to any of the main questions posed in the questionnaire. The answers to the questions put to the jurors must be an affirmation or a denial with an obligatory explanatory word or phrase that reveals or clarifies the meaning of the answer (“Yes, guilty”, “No, not guilty”, etc.). The question sheet signed by the jurors is read out by the foreman in the courtroom. The consequences of the verdict are discussed without the participation of jurors. When the jurors pass an acquittal, only issues related to the resolution of a civil suit, the distribution of court costs, and material evidence are examined and discussed. In the event of a guilty verdict, an investigation is carried out into the circumstances related to the qualification of the deed committed by the defendant, the imposition of punishment on him, the resolution of a civil claim and other issues resolved by the court when issuing a guilty verdict. At the end of the study of these circumstances, the debate of the parties is heard, in which issues of law are discussed that are subject to resolution by the court of a guilty verdict, but the correctness of the verdict delivered by the jurors cannot be called into question. At the end of the debate of the parties, in the event of a guilty verdict, the defendant is given the last word, after which the judge retires to make a decision (Article 347 of the Code of Criminal Procedure). The trial ends with one of the decisions taken by the judge alone (Article 350 of the Code of Criminal Procedure): 1) a decision to terminate the criminal case; 2) acquittal - in cases where the jurors gave a negative answer to at least one of the three main questions resolved by them, or the presiding judge recognized the absence of signs of a crime in the act; 3) a guilty verdict with the imposition of punishment, without the imposition of punishment, with the imposition of punishment and release from it; 4) by a resolution on the dissolution of the jury and the direction of the criminal case for a new trial by a different composition of the court, if the guilty verdict is passed against an innocent person, the event of a crime has not been established, or the participation of the defendant in the commission of a crime has not been proven; This decision is not subject to appeal in cassation. 21 Theme Proceedings in the court of second instance (appeal and review of court decisions that have not entered into force) 21.1. The concept and forms of proceedings in the court of second instance Sentences and other decisions of courts of first instance that have not entered into force may be appealed by interested parties and reviewed by higher courts in the appellate and cassation procedures. The appeal review procedure is established for decisions of a justice of the peace that have not entered into force. Decisions made by federal judges of the district, regional and Supreme Court of the Russian Federation, as well as decisions of the appellate instance, are reviewed in cassation. The main difference between the appellate and cassation procedures for reviewing judgments is that the appellate court has the right to re-review the case on the merits. At the same time, he can re-examine the evidence (interrogate witnesses, victims, defendants, etc.) and issue a new verdict in the case. In the cassation procedure, the criminal case is not reviewed on the merits. The court of cassation, as a rule, does not directly examine the evidence, but considers only the materials available in the case and, on their basis, draws conclusions about the legality and validity of the contested decision, which can be upheld, changed or canceled. The court of cassation is not entitled to issue a new verdict in the case. Thus, the essence of the appeal and cassation proceedings lies in the verification by a higher court of the legality, validity and fairness of sentences and other decisions of courts that have not entered into legal force, on the basis of a complaint by a participant in the process or on the proposal of a prosecutor. Appeal and cassation verification of the legality and validity of court decisions serves as a means of identifying and eliminating judicial errors even before the court decision enters into force, the most important guarantee of the correct administration of justice, the rights and legitimate interests of participants in the process. In addition, by means of appellate and cassation verification of decisions of lower courts, the procedural management of their activities is carried out by higher judicial instances. 21. 2. Subjects and procedure for appeal and cassation appeal. The order of proceedings in the court of second instance Sentences and other decisions that have not entered into force may be appealed by the convicted, acquitted, their defense counsel and legal representative, public and private prosecutor, higher prosecutor, victim and his representative. The civil plaintiff and the defendant or their representatives have the right to appeal against the court decision in the part relating to the civil claim. The complaint of the participants in the process or the presentation of the prosecutor shall be filed within 10 days from the moment of their announcement. For a convicted person in custody, this period is calculated from the moment a copy of the verdict is handed to him. The complaint or presentation of the prosecutor is brought through the court that passed the verdict and sent by the relevant judge to the cassation or appellate instance along with the case materials. At the same time, the judge, whose decision is being appealed, must notify the prosecutor of the complaints or presentations made and send copies of them to the convicted (acquitted), his defense lawyer, prosecutor, victim and his representative and explain to them the possibility of filing objections to the complaints or presentations. A complaint or presentation filed with a missed deadline shall be left without consideration. If the time limit for filing a complaint or presentation is missed for a good reason, the persons entitled to file a complaint or presentation may apply to the court that passed the sentence to restore the missed time limit. An application for the restoration of the term is considered at the court session by the judge who presided over the trial of the criminal case (Article 357 of the Code of Criminal Procedure). The Code of Criminal Procedure imposes certain requirements on the appeal and cassation complaint and presentation. In accordance with Art. 363 and 375 of the Code of Criminal Procedure, they must contain: 1) the name of the court to which they are addressed; 2) data on the person who filed the complaint or presentation, indicating his procedural status, place of residence or location; 3) an indication of the verdict or other court decision and the name of the court that passed it; 4) the arguments of the person who filed the complaint or presentation, and the evidence with which the applicant substantiates his claims (appeal) or the relevant cassation ground (cassation); 5) a list of materials attached to the complaint or presentation; 6) the signature of the person filing the complaint or presentation. In case of non-compliance with these requirements, the complaint or presentation is returned to the parties and a period is set for their redrawing. Filing a complaint or presentation suspends the execution of the sentence and other contested court decision. The person who filed the complaint or presentation has the right to withdraw them before the start of the session of the court of appeal or cassation, as well as to change them or supplement them with new arguments. At the same time, in the additional submission of the prosecutor or his application to change the submission, as well as in the additional complaint of the victim, private prosecutor or their representatives filed after the expiration of the appeal period, the question of the worsening of the situation of the convicted person cannot be raised if such a requirement was not contained in the initial submission or complaint. The grounds for canceling or changing the sentence of the court of first instance on appeal and cassation are: 1) discrepancy between the conclusions of the court, set out in the verdict, and the actual circumstances of the case; 2) violation of the criminal procedure law; 3) incorrect application of the criminal law; 4) the injustice of the imposed punishment. The order of consideration of the case by the court of appeal (Chapter 44 of the Code of Criminal Procedure). On appeal, the decision of the justice of the peace is reviewed solely by the federal judge of the district court. The appeal review must be carried out within 14 days from the date of receipt of the complaint or presentation. Participation in the court session is mandatory: 1) a public prosecutor; 2) the private prosecutor who filed the complaint; 3) the defendant who has filed a complaint or in whose interests a complaint has been filed, except in cases where the case may be considered in the absence of the defendant; 4) a defender, in cases of his mandatory participation. Proceedings in the court of appeal are carried out according to the general rules of proceedings in the court of first instance, with some exceptions: the judicial investigation begins with a summary by the presiding judge of the content of the verdict, as well as the essence of the appeal or presentation and objections to them. Then the judge hears the speeches of the party that filed the complaint or presentation, and the objections of the opposing party, and proceeds to verify the evidence. Witnesses interrogated in the court of first instance are interrogated in the court of appeal if their summons is considered necessary. The parties have the right to file a petition to call new witnesses, conduct an examination, demand material evidence and documents, the examination of which was denied to them by the court of first instance. Upon completion of the examination of evidence, the judge finds out from the parties whether they have petitions to supplement the judicial investigation, resolves these petitions and proceeds to judicial debate, and then gives the defendant the last word. When making a decision, the court of appeal has the right to refer in substantiation of its decision to the testimonies read out in court of persons who were not summoned to the court of appeal, but interrogated in the court of first instance. If these testimonies are contested by the parties, the persons who gave them are subject to interrogation. The decision shall indicate the grounds on which the verdict of the court of first instance is recognized as lawful, justified and fair, and the arguments of the complaint or presentation are unfounded, or the grounds for the complete or partial cancellation or change of the appealed verdict. The procedure for considering a case by a court of cassation (Chapter 45 of the Code of Criminal Procedure). In cassation, the case is reviewed by a panel of three professional judges. Upon receipt of a criminal case with a cassation complaint or presentation, the date and time of the court session are set. Consideration of the case must be started no later than one month from the date of its receipt by the court of cassation (Article 374 of the Code of Criminal Procedure). The parties must be notified of the place and time of the consideration of the criminal case by the court of cassation no later than 14 days before the day of the court session. The issue of summoning a convict in custody shall be decided by the court. If a petition has been filed, then the convict held in custody has the right to participate in the court session directly or to state his position by using video and conference communication systems. The question of the form of participation of the convict in the trial is decided by the court. A convicted or acquitted person who appears at a court session is allowed to participate in it in all cases. At the appointed time, the presiding judge opens the court session and announces which criminal case is being considered and on whose cassation complaint or presentation. Then he finds out from the participants in the trial whether they have challenges and motions. After resolving the challenges and petitions, one of the judges briefly outlines the content of the verdict or other appealed court decision, as well as the cassation complaint or presentation, and the court hears the statements of the party in support of the arguments given in the complaint or presentation, and the objections of the opposing party. When considering a criminal case in cassation, the court has the right, at the request of the party, to directly examine the evidence (part 4 of article 377 of the Code of Criminal Procedure). In confirmation or refutation of the arguments given in the cassation appeal or presentation, the parties have the right to submit additional materials to the cassation instance. However, they cannot be obtained through the performance of investigative actions. The person submitting additional materials to the court is obliged to indicate in what way they were obtained and in connection with which the need to submit them arose. Changing the sentence or canceling it with the termination of the criminal case on the basis of additional materials is not allowed, except in cases where the data or information contained in such materials does not require additional verification and evaluation by the court of first instance (part 7 of article 377 of the Code of Criminal Procedure). 21.3. Limits of consideration of a criminal case by a court of appeal and cassation In the appeal and cassation procedure, the legality, validity and fairness of the decision of the justice of the peace is checked only in the part in which it is appealed. If, during the consideration of a criminal case, circumstances are established that concern the interests of other persons convicted or acquitted in the same case and in respect of which a complaint or presentation was not brought, then the criminal case must also be checked in relation to these persons. At the same time, the deterioration of their situation cannot be allowed (part 2 of article 360 of the Code of Criminal Procedure). Based on the results of the consideration of the criminal case, the court of appeal decides one of the following decisions: 1) on leaving the verdict of the court of first instance unchanged, and the appeal or presentation - without satisfaction; 2) on the annulment of the guilty verdict of the justice of the peace and the acquittal of the defendant or the termination of the criminal case; 3) on the annulment of the acquittal of the justice of the peace and the issuance of a guilty verdict; 4) on changing the judgment of the court of first instance. The court of appeal has the right to cancel the acquittal and issue a guilty verdict, but not otherwise than on the proposal of the prosecutor or the complaint of the victim, private prosecutor or their representatives about the groundlessness of the acquittal of the defendant. A verdict of acquittal may be changed in terms of the motives for acquittal upon the complaint of the acquitted. Sentences and decisions of the court of appeal may be appealed to a higher court in the cassation procedure. When considering a criminal case in cassation, the court has the right to mitigate the punishment for the convicted person or apply the law on a less serious crime, but has no right to increase the punishment, or apply the law on a more serious crime. The court of cassation has the right to cancel an acquittal, as well as a guilty verdict in connection with the need to apply the law on a more serious crime or to impose a more severe punishment in cases where, on these grounds, a prosecutor’s presentation, a complaint of a private prosecutor, a victim or his representative has been brought. As a result of consideration of the criminal case in the cassation procedure, the court in the deliberation room takes one of the following decisions: 1) leave the judgment unchanged and leave the complaint or presentation unsatisfied; 2) revoke the judgment and dismiss the case; 3) revoke the verdict and refer the case for a new trial to the court of first instance or appellate instance from the stage of preliminary hearing, or trial, or actions of the court after the verdict of the jury; 4) change the sentence. The cassation court may change the sentence by applying the law on a less serious crime to the convicted person and reducing the punishment in accordance with the changed qualification of the deed. However, she does not have the right to apply the law on a more serious crime or increase the punishment imposed. If a more severe punishment is imposed than provided for by the article of the Special Part of the Criminal Code, the court of cassation has the right to reduce the punishment without changing qualifications. The court of cassation has the right to cancel the assignment to the convict of a milder type of correctional institution than provided for by the criminal law, and appoint the type of correctional institution in accordance with the requirements of the Criminal Code (Article 387 of the Code of Criminal Procedure). 22 Theme Execution of the sentence 22.1. The concept and meaning of the stage of execution of the sentence The execution of the sentence is the final stage of the Russian criminal process. Its essence lies in addressing the execution of sentences that have entered into legal force and other court decisions and in resolving procedural issues that arise when applying for execution and execution of the sentence. The execution of the sentence refers to the judicial stages of the process. That is, the subject carrying out activities at this stage is the court. The content of this stage of criminal proceedings does not include the activities of those officials and bodies that directly execute court decisions. The actual execution of the sentence in most cases is non-procedural in nature and is regulated by penal law. The content of the stage of execution of the sentence includes the following actions of the court: 1) the appeal of the sentence that has entered into legal force for execution; 2) direct execution of the sentence in cases provided for by law; 3) resolution of procedural issues arising in the course of the actual execution of the sentence; 4) exercising control over the proper execution of the sentence. In accordance with Art. 390 of the Code of Criminal Procedure, the verdict of the court of first instance enters into legal force after the expiration of the period for appealing it in an appeal or cassation procedure, if it has not been appealed by the parties. In the event of a cassation complaint or presentation, the sentence, if it has not been canceled, enters into force on the day the cassation ruling is issued. The verdict of the court of appeal enters into legal force after the expiration of the term for its appeal in cassation, if it has not been appealed by the parties. 22.2. The procedure for applying a sentence for execution and issues resolved by the court at the stage of execution of the sentence A verdict that has entered into legal force shall be applied for execution by the court that passed the verdict no later than three days from the date of its entry into legal force or the return of the case from the cassation or appellate instance. The guilty verdict is carried out upon its entry into force. A verdict of acquittal and a verdict relieving the defendant from punishment shall be carried out immediately upon pronouncement of the verdict. If the defendant is in custody, the court releases him from custody in the courtroom. The verdict, ruling and decision of the court that have entered into legal force are binding on all state authorities, local self-government, public associations, officials and citizens and are subject to execution throughout Russia. A copy of the guilty verdict shall be sent by the judge or the chairman of the court to the institution or body responsible for the execution of the sentence. Prior to the execution of the sentence, the judge or the chairman of the court provides, at the request of close relatives of the convict in custody, the opportunity to visit him (Article 395 of the Code of Criminal Procedure). After the entry into force of the sentence by which the convict in custody is sentenced to arrest or imprisonment, the administration of the place of detention is obliged to notify the family of the convict of where he is going to serve his sentence. In the course of the actual execution of the sentence, procedural issues may arise, which are resolved during the trial. Depending on the nature of these issues, they can be resolved either by the court that passed the sentence, or by the court at the place of serving the sentence, or by the court at the place of residence of the convicted person (Article 396 of the Code of Criminal Procedure). The sentencing court decides the following questions: 1) on compensation for harm to the rehabilitated person and restoration of his labor, housing and other rights; 2) replacement of punishment in case of malicious evasion from serving it; 3) release from serving a sentence due to the expiration of the limitation period for a guilty verdict; 4) offsetting the time of detention in the total term of serving the sentence; 5) clarification of doubts and ambiguities arising during the execution of the sentence; 6) release from punishment of minors with the use of coercive measures of educational influence; 7) postponement of the execution of the sentence, etc. (part 1 of article 396 of the Code of Criminal Procedure). The court at the place of serving the sentence for the convict resolves the following issues: 1) on changing the type of correctional institution appointed by sentence to a person sentenced to deprivation of liberty; 2) conditional early release from serving a sentence and the abolition of conditional early release; 3) replacement of the unserved part of the punishment with a milder type of punishment; 4) release from serving a sentence due to the illness of the convict, extension, change and termination of the application of compulsory medical measures; 5) release from punishment or mitigation of punishment due to the issuance of a criminal law with retrospective effect, etc. (part 3 of article 396 of the Code of Criminal Procedure). The court at the place of residence of the convicted person decides the following issues: 1) on the abolition of parole; 2) cancellation of probation or prolongation of the probationary period in case of probation; 3) cancellation or addition of certain duties assigned to the convict in accordance with Art. 73 of the Criminal Code; 4) the abolition of the deferral of serving sentences for pregnant women and women with young children (part 4 of article 396 of the Code of Criminal Procedure). These issues are considered by the court on the proposal of the institution or body executing the punishment, and in some cases - at the request of the convicted person. A representative of the institution or body executing the punishment is summoned to the court session, on whose recommendation the issue related to the execution of the punishment is resolved. In the event that a convict participates in a court session, he has the right to get acquainted with the materials submitted to the court, participate in their consideration, file petitions and challenges, give explanations, and submit documents. The decision on the participation of the convict in the court session shall be taken by the court. The convict may exercise his rights with the help of a lawyer. The prosecutor has the right to participate in the court session. The court session begins with a report by the representative of the institution or body that filed the submission, or with an explanation from the applicant. Then the submitted materials are examined, the explanations of the persons who appeared at the court session, the opinion of the prosecutor are listened to, after which the judge makes a decision. 23 Theme Manufacture in the supervisory authority 23.1. The concept and significance of proceedings in the supervisory instance Proceedings in the supervisory instance - this is the stage of the criminal process at which the higher court, at the request of the convicted, acquitted, their defense counsel or legal representative, the victim, as well as the prosecutor, checks the legality and validity of the sentences, rulings and decisions of the justice of the peace, courts of first instance that have entered into legal force , as well as definitions and decisions of the judicial authorities issued in the cassation or supervisory procedure. In the order of supervision may be appealed: 1) the verdict and decision of the justice of the peace, the verdict, the ruling and the decision of the district court, the cassation ruling of the regional, regional and equivalent courts - to the presidium of the regional, regional and equivalent courts; 2) court decisions, if they were appealed in the order of supervision to the presidium of the regional, regional and equivalent courts, the sentence, ruling and decision of the regional, regional and equivalent courts, if these judicial decisions were not the subject of consideration by the Supreme Court of the Russian Federation in cassation , the decision of the presidium of the regional, regional and equated courts - to the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation; 3) the verdict, ruling and resolution of the garrison military court, the cassation ruling of the district (naval) military court - to the presidium of the district (naval) military court; 4) the verdict, ruling and decision of the garrison military court, the cassation ruling of the district (naval) military court - to the presidium of the district (naval) military court, if they were appealed by way of supervision to the presidium of the district (naval) military court; sentence, ruling and decision of the district (naval) military court, if the said court decisions were not the subject of consideration by the Supreme Court of the Russian Federation in the cassation procedure; a decision of the presidium of the district (naval) military court - to the Military Collegium of the Supreme Court of the Russian Federation; 5) the decision of the Cassation Collegium of the Supreme Court of the Russian Federation, the sentence and ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation or the Military Collegium of the Supreme Court of the Russian Federation, the decision of the judge of the Supreme Court of the Russian Federation on the appointment of a court session - to the Presidium of the Supreme Court of the Russian Federation. Supervisory proceedings are aimed at correcting judicial errors and ensuring the rights and legitimate interests of the participants in the process. In contrast to cassation proceedings, the subject of supervisory proceedings can only be a court decision (verdict, ruling or resolution) that has entered into legal force. A supervisory complaint or supervisory presentation shall be sent directly to the supervisory court. They must be accompanied by: 1) a copy of the judgment or other decision that is being appealed; 2) a copy of the judgment or ruling of the appellate instance, the ruling of the cassation instance, the ruling of the supervisory instance, if they were issued in this case; 3) if necessary, copies of other procedural documents confirming, in the opinion of the applicant, the arguments set forth in the complaint or presentation. 23.2. Proceedings in the court of supervisory instance Proceedings in the supervisory instance can be conditionally divided into two stages. At the first stage, the judge of the relevant supervisory authority, within 30 days from the date of receipt, considers the supervisory complaint or presentation and decides whether to initiate supervisory proceedings on them. In necessary cases, he has the right to claim any criminal case within his competence (parts 1,2 of article 406 of the Code of Criminal Procedure). After examining the supervisory complaint or presentation, the judge decides either to initiate supervisory proceedings and transfer the supervisory complaint or presentation to the court of the supervisory instance together with the case, if it was requested, or to refuse to satisfy the supervisory complaint or presentation. The latter decision may be appealed to the chairman of the regional, regional and equated courts, the Chairman of the Supreme Court of the Russian Federation or his deputies, who have the right to disagree with the judge’s decision to refuse to satisfy supervisory complaints or presentations, cancel it and issue a decision to initiate supervisory proceedings and transfer supervisory complaints or submissions for consideration by the supervisory court. The second stage of supervisory proceedings is the consideration of the complaint (representation) by the supervisory court, which must be carried out no later than 15 days, and by the Supreme Court of the Russian Federation - no later than 30 days from the date of the preliminary decision. The prosecutor, as well as the convicted, acquitted, their defense lawyers and legal representatives, other persons whose interests are directly affected by the complaint or presentation, take part in the court session, provided that they file a petition to this effect. These persons are given the opportunity to familiarize themselves with the supervisory complaint or presentation. The case is reported by a member of the presidium of a regional, regional or equivalent court or by another judge who has not previously participated in the consideration of the case. Then the floor is given to the prosecutor to support the supervisory submission made by him. If a convict, an acquitted person, their lawyers or legal representatives, the victim and his representative are participating in the court session, they have the right to give their oral explanations after the prosecutor's speech. The parties are then removed from the courtroom. After the parties are removed from the courtroom, the presidium of the court issues a decision, and the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation - a ruling. The decision to cancel or change the verdict, ruling, decision of the court is made by a majority vote of the judges. If the votes of the judges are equal, the supervisory appeal or presentation shall be deemed rejected, except in cases where the death penalty has been imposed as a measure of punishment. A supervisory appeal or a motion to abolish the death penalty and to replace it with a more lenient punishment shall be considered satisfied if less than two-thirds of the members of the Presidium of the Supreme Court of the Russian Federation present at the meeting vote in favor of retaining the death penalty. 23.3. Limits of the rights of the supervisory authority Initially, the Code of Criminal Procedure established that a supervisory review of a guilty verdict, ruling and court order due to the need to apply a criminal law on a more serious crime, for leniency of punishment or on other grounds that entail a deterioration in the position of the convicted person, as well as a review of an acquittal or ruling or court orders to terminate a criminal case are not allowed (Article 405 of the Code of Criminal Procedure). However, the Decree of the Constitutional Court of the Russian Federation dated 11.05.2005 No. 5-Pdeluo to verify the constitutionality of Art. 405 of the Code of Criminal Procedure, this article, insofar as it does not allow a turn for the worse when reviewing court decisions in the supervisory procedure on the complaint of the victim or on the proposal of the prosecutor, and thus does not allow eliminating the significant (fundamental) violations committed in the previous proceedings that affected the outcome case, recognized as inconsistent with the Constitution of the Russian Federation. According to the Constitutional Court of the Russian Federation, this norm violates the balance of the constitutionally protected rights of the participants in the process on the side of the prosecution and the defense and is not consistent with the principles of independence and independence of the court. The court of the supervisory instance, based on the results of consideration of the supervisory appeal (representation), has the right to make the following decisions (Article 408 of the Code of Criminal Procedure): 1) leave the supervisory complaint or presentation unsatisfied, and the appealed court decisions remain unchanged; 2) annul the judgment, ruling or ruling of the court and all subsequent court decisions and terminate the proceedings in this criminal case; 3) cancel the sentence, ruling or ruling of the court and all subsequent court decisions and refer the case for a new judicial review; 4) cancel the judgment of the court of appeal and refer the case for a new appeal hearing; 5) cancel the decision of the court of cassation and all subsequent court decisions and refer the case for a new cassation hearing; 6) amend the verdict, ruling or ruling of the court. When considering a case by way of supervisory review, the court is not bound by the arguments of the supervisory complaint or presentation and has the right to check the entire proceedings in the criminal case in full. If several persons have been convicted in a case, and only one of them or only in respect of some of them has filed a supervisory complaint or presentation, the supervisory instance court shall have the right to examine the criminal case in respect of all the convicted. The court, when considering the case by way of supervision, may mitigate the sentence imposed on the convicted person or apply the law on a less serious crime, but is not entitled to increase the punishment, or apply the law on a more serious crime. The court of the supervisory instance, when considering a criminal case, is not entitled to establish or consider proven facts that were not established in the verdict or were rejected by it; prejudge questions about the proof or lack of evidence of the accusation, the reliability or unreliability of this or that evidence and the advantages of some evidence over others; make decisions on the application by the court of first instance or appellate instance of a particular criminal law and on the measure of punishment. The court of the supervisory instance, canceling the ruling of the court of cassation, is not entitled to prejudice the conclusions that can be made by the court of cassation when re-examining this criminal case. 24 Theme Reopening of proceedings in a criminal case due to new or newly discovered circumstances 24.1. The concept and grounds for the resumption of cases due to new or newly discovered circumstances The reopening of cases due to newly discovered circumstances is one of the exceptional stages of Russian criminal proceedings with a special procedural procedure for identifying and eliminating judicial errors made during the consideration of a criminal case, due to the fact that, when resolving the case, the court was not aware of the circumstances that could affect its conclusions. or they appeared after the resolution of the case. The grounds for the resumption of proceedings in a criminal case are: 1) newly discovered circumstances, i.e. such circumstances that existed at the time the sentence or other court decision entered into force, but were not known to the court; 2) new circumstances, i.e. such circumstances that were not known to the court at the time of the issuance of the judgment, which eliminate the criminality and punishability of the act. The newly discovered facts are: 1) the deliberate falsity of the testimonies of the victim or witness, expert opinion, as well as the forgery of material evidence, protocols of investigative and judicial actions and other documents, or the deliberate incorrectness of translation, which have entailed the issuance of an unlawful or unreasonable sentence, ruling or decision, established by a court verdict that has entered into legal force ; 2) the criminal actions of the interrogating officer, investigator or prosecutor established by a court verdict that has entered into legal force, which resulted in the issuance of an unlawful and unjustified verdict, ruling or decision; 3) the criminal actions of the judge, established by a court verdict that has entered into legal force, committed by him during the consideration of this case. The new circumstances are: 1) recognition by the Constitutional Court of the Russian Federation of the norm of the law applied by the court in this case as inconsistent with the Constitution; 2) the violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms established by the European Court of Human Rights during the consideration by the court of a criminal case related to: a) using a federal law that does not comply with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms; b) other violations of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms (November 4, 1950); 3) other new circumstances. 24.2. Terms and procedure for the resumption of cases due to new or newly discovered circumstances The review of the guilty verdict in view of newly discovered circumstances in favor of the convicted person is not limited by any time limits. The death of the convicted person is not an obstacle to the resumption of proceedings due to newly discovered circumstances in order to rehabilitate him. A review of an acquittal, a ruling, a decision to dismiss a case, as well as a review of a guilty verdict on the grounds of lenient punishment or the need to apply a law on a more serious crime to the convicted person is allowed only during the statute of limitations for bringing to criminal responsibility and no later than one year from the date of discovery of new circumstances. The day of discovery of new circumstances is considered: 1) the date of entry into force of a sentence, ruling, decision against a person guilty of giving false testimony, presenting false evidence, mistranslation or criminal acts committed in the course of an investigation or consideration of a criminal case; 2) the date of entry into force of the decision of the Constitutional Court of the Russian Federation on the non-compliance of the norm of the law applied in this case with the Constitution; 3) the date of entry into force of the decision of the European Court of Human Rights on the existence of a violation of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms during the consideration of a criminal case; 4) the day the prosecutor signs the conclusion on the need to resume proceedings due to newly discovered circumstances. The reasons for initiating proceedings due to new and newly discovered circumstances may be reports from citizens, officials, as well as data obtained during the investigation and consideration of other criminal cases. If the received message contains a reference to the presence of the indicated new or newly discovered circumstances, the prosecutor, by his decision, initiates proceedings in view of the newly discovered circumstances, conducts an appropriate check, requests a copy of the verdict and a certificate of the court on its entry into legal force, as well as a decision of the Constitutional Court of the Russian Federation, the European Court of Human Rights. If the report indicates any other newly discovered circumstances, the prosecutor issues a decision to initiate proceedings in view of the new or newly discovered circumstances and sends the relevant materials to the head of the investigative body to investigate these circumstances and resolve the issue of criminal prosecution on the facts of violations of the criminal law. When investigating new and newly discovered circumstances, investigative and other procedural actions may be carried out in the manner prescribed by the Code of Criminal Procedure. Upon completion of the inspection or investigation and if there are grounds for resuming the proceedings on the criminal case, the prosecutor sends the case with his opinion, as well as a copy of the verdict or decision of the Constitutional Court of the Russian Federation or the European Court of Human Rights and materials of the inspection or investigation to the appropriate court. If there are no grounds for resuming the proceedings on a criminal case, the prosecutor, by his decision, terminates the proceedings initiated by him. Courts reopening cases due to new or newly discovered circumstances: 1) in relation to the verdict and decision of the justice of the peace - the district court; 2) in relation to a verdict, ruling, resolution of a district court - the supreme court of the republic, a regional, regional and equivalent court; 3) in relation to the verdict and ruling, the decision of the supreme court of the republic, the regional, regional and equated courts - the Supreme Court of the Russian Federation; 4) in relation to a verdict, ruling, decision issued in the course of proceedings in a court of first instance by the Judicial Collegium for Criminal Cases or the Military Collegium of the Supreme Court of the Russian Federation - the Cassation Collegium of the Supreme Court of the Russian Federation; 5) in relation to the decision of the Cassation Collegium of the Supreme Court of the Russian Federation, as well as the ruling issued in the course of proceedings in a court of second instance or by way of supervision, - the Judicial Collegium for Criminal Cases or the Military Collegium of the Supreme Court of the Russian Federation; 6) in relation to the verdict, ruling, decision of the garrison military court - the district (naval) military court; 7) in relation to the verdict, ruling, decision of the district (naval) military court - the Military Collegium of the Supreme Court of the Russian Federation. The previous consideration of a criminal case in the cassation procedure or in the supervisory procedure does not prevent its consideration in the same court in the order of resuming the proceedings due to newly discovered circumstances. Having considered the conclusion of the prosecutor on the resumption of proceedings in the criminal case due to new or newly discovered circumstances, the court shall make one of the following decisions: 1) on the annulment of the judgment, court ruling or judge's decision and the transfer of the criminal case for a new trial; 2) annulment of a sentence, ruling or decision of a court and termination of a criminal case, when no trial is required to make a final decision on the criminal case; 3) rejection of the prosecutor's opinion. Judicial proceedings in a criminal case after the cancellation of court decisions on it due to new or newly discovered circumstances, as well as appeals against new court decisions, are carried out in accordance with the general procedure. 25 Theme Proceedings in criminal cases against minors Proceedings in criminal cases on a crime committed by a minor are carried out in accordance with the general procedure, with the exception of the exceptions established by Chapter. 50 Code of Criminal Procedure. These special rules apply to cases of persons under the age of 18 at the time of the commission of the crime. In particular, a criminal case on a crime committed by a minor in complicity with adults should, if possible, be separated into a separate proceeding (Article 422 of the Code of Criminal Procedure). In cases of juvenile crimes, some features are provided in the subject of proof. According to Art. 421 of the Code of Criminal Procedure during the preliminary investigation and trial, along with proving the circumstances included in the general subject of proof, the following are established: 1) the age of the minor, day, month and year of birth; 2) living conditions and upbringing, the level of mental development and other features of his personality; 3) the influence of older persons on the minor. If there is evidence of a mental retardation not associated with a mental disorder, it is also established whether the minor could fully realize the actual nature and social danger of his actions or control them. The Code of Criminal Procedure provides for a special procedure for the application of measures of procedural coercion in relation to juvenile suspects and accused. When deciding on the application of a measure of restraint in respect of a minor suspect or accused, in each case, the possibility of applying to him such a measure of restraint as placement under supervision should be discussed. The detention of a minor suspect or accused, as well as the application of a measure of restraint in the form of detention to him, is carried out in cases where he has committed a grave or especially grave crime. Parents or other legal representatives shall be immediately notified of the detention, detention or extension of the term of detention of a minor suspect or accused. A minor suspect or accused who is not in custody is summoned to the investigator, interrogating officer or to the court through his legal representatives, and if the minor is kept in a specialized institution for minors, through the administration of this institution. The Code of Criminal Procedure provides for special rules for the interrogation of a minor accused and suspect. Interrogation cannot continue without interruption for more than two hours, and in total more than four hours a day. In the interrogation of a minor suspect, the accused, a defense counsel participates, who has the right to ask him questions, and at the end of the interrogation to get acquainted with the protocol and make comments about the correctness and completeness of the records made in it. In the interrogation of a minor suspect, an accused who has not reached the age of sixteen years or has reached this age, but suffers from a mental disorder or is mentally retarded, the participation of a teacher or psychologist is mandatory. The investigator, interrogator shall ensure the participation of a teacher or a psychologist in the interrogation of a minor suspect or accused at the request of a defense counsel or on his own initiative. The teacher or psychologist has the right, with the permission of the investigator, the interrogating officer, to ask questions to the minor suspect, the accused, and at the end of the interrogation to get acquainted with the protocol of the interrogation and make written comments about the correctness and completeness of the records made in it. These rights are explained by the investigator, interrogating officer to the teacher or psychologist before the interrogation of the minor suspected or accused, which is noted in the protocol. In cases of minors, during pre-trial proceedings and in the trial, their legal representatives participate, who are allowed to participate in the case by order of the investigator, interrogating officer from the moment the minor is first interrogated as a suspect or accused. The legal representative has the right: 1) know what the minor is suspected or accused of; 2) to be present at the presentation of charges; 3) participate in the interrogation of a minor suspect, accused, and also, with the permission of the investigator, in other investigative actions carried out with his participation and the participation of the defense counsel; 4) get acquainted with the protocols of investigative actions in which he took part, and make written comments on the correctness and completeness of the entries made in them; 5) file motions and challenges, file complaints against the actions and decisions of the inquirer, investigator, prosecutor; 6) present evidence; 7) at the end of the investigation, get acquainted with all the materials of the case, write out any information from it and in any volume. The investigator, interrogating officer shall have the right, upon completion of the preliminary investigation, to issue a decision not to present to the underage suspect or accused for familiarization those materials of the case that may have a negative impact on him. Familiarization with these materials of the legal representative of a minor suspect, accused is mandatory. A legal representative may be dismissed from participation in the case if there are grounds to believe that his actions are detrimental to the interests of a minor suspect or accused. The investigator, the interrogating officer shall issue a decision on this. In this case, another legal representative of the minor suspect or accused is allowed to participate in the case. In court proceedings, the legal representative of a minor has the right to: 1) submit petitions and challenges; 2) testify; 3) present evidence; 4) participate in the debate of the parties; 5) file complaints against the actions and decisions of the court; 6) participate in a court session of the appellate, cassation and supervisory instances. The Code of Criminal Procedure provides for a special basis for terminating a criminal case against minors with the application of compulsory measures of an educational nature to them. If during the preliminary investigation of a criminal case on a crime of small or medium gravity it is established that the correction of a minor accused can be achieved without the application of punishment, then the investigator, with the consent of the head of the investigative body, as well as the inquirer, with the consent of the prosecutor, has the right to issue a decision to terminate criminal prosecution and initiate before the court, a petition for the application of a coercive measure of educational influence to a minor accused, which, together with the criminal case, is sent by the head of the investigative body or the prosecutor to the court. The court, having received after the completion of the preliminary investigation of a criminal case with an indictment or an indictment, has the right to terminate it and apply compulsory measures of educational influence to the minor accused. When passing a sentence on a minor, the court, along with general questions, is obliged to resolve the issue of the possibility of releasing the minor from punishment, probation, or imposing a punishment not related to deprivation of liberty. In case of systematic non-compliance by a minor with a compulsory measure of educational influence, the court, at the request of a specialized institution for minors, cancels the decision to terminate criminal prosecution and apply a compulsory measure of educational influence and sends the materials of the criminal case to the head of the investigative body or the head of the body of inquiry. 26 Theme Proceedings for the application of compulsory medical measures 26.1. Grounds for the application of compulsory medical measures A person can be held criminally liable only if he reaches a certain age established by law, and also if he is of sound mind. If, at the time of committing a socially dangerous act, a person suffered from a mental illness and, as a result, did not understand the nature of the actions being performed and could not manage them, or if a person fell ill with a mental illness after committing a crime and, in connection with this, lost the ability to understand the actual nature of the deed, then he cannot be prosecuted and subjected to criminal penalties. However, if such persons, by virtue of the nature of their disease and the severity of the acts committed, pose a danger to society, then compulsory medical measures must be applied to them. Compulsory measures of a medical nature are not measures of criminal punishment. But due to the fact that they significantly restrict the constitutional rights and freedoms of the individual, their application is possible only by a court decision. Compulsory measures of a medical nature can only be applied if the following grounds are combined (Article 433 of the Code of Criminal Procedure): 1) commission by a person of an act prohibited by criminal law; 2) the commission of an act in a state of insanity or the presence of a mental disorder in a person at the time of proceedings on the case, which makes it impossible for him to understand the actual nature of the deed; 3) the danger that a person poses to himself and other persons due to the nature of his disease and the gravity of the act committed. Compulsory measures of a medical nature can also be applied to persons who have committed a crime and have mental disorders that do not exclude sanity. For these categories of persons, compulsory treatment is applied when passing a sentence and is carried out in the manner prescribed by the criminal executive legislation. 26.2. Peculiarities of the preliminary investigation and trial in the proceedings on the application of compulsory medical measures Features of pre-trial proceedings in cases of this category are as follows: - An investigation can only be carried out in the form of a preliminary investigation (Article 434 of the Code of Criminal Procedure); - when establishing the circumstances of the subject of proof, special attention should be paid to the presence, nature and degree of danger of a mental disorder in a person before, at the time and after the commission of a socially dangerous act (Article 434 of the Code of Criminal Procedure); - when establishing the fact of a mental illness in a person to whom detention is applied as a preventive measure, at the request of the investigator with the consent of the head of the investigative body, as well as the interrogating officer with the consent of the prosecutor, the court decides to transfer this person to a psychiatric hospital (Article 435 of the Code of Criminal Procedure ); - if these persons committed a crime in complicity, then the case against them, if possible, should be separated into a separate proceeding (Article 436 of the Code of Criminal Procedure); - on the basis of the decision of the investigator or the court, the legal representative of the person in respect of whom proceedings are being conducted on the application of a compulsory measure of a medical nature is involved in the case. In the absence of a close relative, the body of guardianship and guardianship may be recognized as a legal representative (Article 437 of the Code of Criminal Procedure); - in such cases, a forensic psychiatric examination is mandatory (Article 196 of the Code of Criminal Procedure); - obligatory participation of a defense counsel who enters the case from the moment the forensic psychiatric examination is appointed, if he has not previously participated in the case (Article 438 of the Code of Criminal Procedure); - the preliminary investigation in cases of this category is completed either by drawing up a decision to terminate the criminal case, if, in the opinion of the investigator, the person does not pose a danger to himself and other persons, or by a decision to send the case to court for the application of coercive medical measures. Judicial proceedings in cases on the application of compulsory medical measures are carried out in a general manner with some exceptions (Articles 441-443 of the Code of Criminal Procedure): - the judicial investigation begins with the presentation by the prosecutor of the arguments on the need to apply coercive medical measures to the person; - during the trial, the following questions should be resolved: whether the act took place; whether the person committed it; whether the act was committed in a state of insanity or whether the person currently has a mental disorder that makes it impossible to impose punishment on him; whether the person's mental disorder poses a danger to him and others; whether a compulsory measure of a medical nature is applicable and which one; - the trial ends with the adoption of one of the following decisions: a) on the application of coercive measures of a medical nature to a person and the release of a person from criminal liability; b) on the refusal to apply coercive medical measures and termination of the criminal case, if the court considers that the person does not pose a danger to himself and others, or considers that there are grounds for terminating the proceedings (Articles 24-28 of the Code of Criminal Procedure); c) on the return of the case to the prosecutor, if the mental illness of the person is not established or it does not prevent the imposition of a criminal punishment on the person. If the criminal case is terminated, a copy of the court decision is sent to the health authority within five days to resolve the issue of treating a person in need of psychiatric care. The change, termination and extension of the application of compulsory medical measures is carried out by the court that ordered compulsory treatment, or by the court at the place of application of compulsory treatment at the request of the administration of the psychiatric hospital, the legal representative of the person or his defense counsel. If a person who, after committing a crime, developed a mental disorder and to whom a coercive medical measure was applied, is recognized as recovered, then the court, on the basis of a medical report, issues a decision to terminate the application of a coercive medical measure to this person and decides on sending the head of the investigative body or the head of the body of inquiry of a criminal case for the conduct of a preliminary investigation in accordance with the general procedure (Article 446 of the Code of Criminal Procedure). 27 Theme Features of criminal proceedings in relation to certain categories of persons The Code of Criminal Procedure (section 17, chapter 52) for the first time provided for some features of the implementation of criminal procedural activities when initiating a criminal case and performing certain procedural actions in relation to the following categories of persons: 1) a member of the Federation Council, a deputy of the State Duma and a deputy of the legislative body of a constituent entity of the Russian Federation and a local self-government body; 2) judges of the Constitutional Court of the Russian Federation, judges of a federal court of general jurisdiction and judges of federal arbitration courts, justices of the peace and jurors and arbitration assessors during the period of their administration of justice; 3) Chairman of the Accounts Chamber of the Russian Federation, his deputies and auditors of the Accounts Chamber of the Russian Federation, 4) Commissioner for Human Rights in the Russian Federation; 5) the President of the Russian Federation, who has terminated the exercise of his powers, and a candidate for the President of the Russian Federation; 6) a prosecutor; 6.1) Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; 6.2) the head of the investigative body, 7) investigator, 8) a lawyer; 9) a member of an election commission, a referendum commission with a casting vote; 10) a registered candidate for deputy of the State Duma, a registered candidate for deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation. The decision to initiate a criminal case against the specified categories of persons or to involve them as defendants (if the case was initiated on the fact of a crime) is made: - in relation to a member of the Federation Council and a deputy of the State Duma - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of a member of the Federation Council or a deputy of the State Duma and with the consent of the Federation Council, respectively, and State Duma; - in relation to the Prosecutor General of the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation, adopted on the proposal of the President of the Russian Federation, on the presence of signs of a crime in the actions of the Prosecutor General of the Russian Federation; - in relation to a judge of the Constitutional Court of the Russian Federation - by the Prosecutor General of the Russian Federation on the basis of the conclusion of a panel of three judges of the Supreme Court of the Russian Federation with the consent of the Constitutional Court of the Russian Federation; - in relation to the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation - acting as Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation, adopted on the proposal of the President of the Russian Federation, on the presence of signs of a crime in the actions of the Chairman of the Investigative Committee; - in relation to a judge of the Constitutional Court of the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation on the presence of signs of a crime in the judge's actions and with the consent of the Constitutional Court of the Russian Federation; - in relation to a judge of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and an autonomous district, a federal arbitration court, a district (naval) military court - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation on the presence of signs of a crime in the actions of the judge and with the consent of the High Qualification Board of Judges of the Russian Federation; - in relation to other judges - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the supreme court of the republic, a regional or regional court, a federal city court, an autonomous region court and an autonomous district court, a military court of the appropriate level, on the presence in the actions of the judge signs of a crime and with the consent of the relevant qualification board of judges; - in relation to the Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; - in relation to the Commissioner for Human Rights in the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; - in relation to the President of the Russian Federation, who has terminated the exercise of his powers, as well as a candidate for the President of the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; - in relation to a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation - by the head of the investigative body of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the constituent entity of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the supreme court of the republic, a regional or regional court, a court of a federal city, an autonomous court regions and courts of the Autonomous Okrug; - in relation to the prosecutor, head of the investigative body, investigator - by the higher head of the investigative body of the Investigative Committee under the Prosecutor's Office of the Russian Federation on the basis of the conclusion of the judge of the district court or the garrison military court at the place of the commission of the act containing signs of a crime, and in relation to the lawyer - by the head of the investigative body of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the district, city on the basis of the conclusion of the judge of the district court or the garrison military court at the place of commission of the act containing signs of a crime; - in relation to a deputy, a member of an elected body of local self-government, an elected official of a local self-government body - by the head of the investigative department of the Investigative Committee under the Prosecutor's Office of the Russian Federation for a constituent entity of the Russian Federation; - in relation to a member of an election commission, a referendum commission with a decisive vote - by the prosecutor of a constituent entity of the Russian Federation, and a member of the Central Election Commission of the Russian Federation with a decisive vote, a chairman of an election commission of a constituent entity of the Russian Federation - by the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; - in relation to a registered candidate for deputies of the State Duma - with the consent of the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation; - in relation to a registered candidate for deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation - in accordance with Art. 146 and 171 of this Code with the consent of the head of the investigative body of the Investigative Committee under the Prosecutor's Office of the Russian Federation for the subject of the Russian Federation. Consideration of the presentation of the head of the investigative body is carried out with his participation, as well as with the participation of the person in respect of whom the presentation is made, and his defense counsel in a closed court session no later than 10 days from the date of receipt of the presentation of the head of the investigative body by the court. The decision of the Constitutional Court of the Russian Federation, as well as the relevant qualification board of judges on giving or refusing to give consent to initiate a criminal case against a judge or to involve him as an accused, must be motivated. This decision is made no later than 10 days from the date of receipt by the court of the presentation of the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation and the conclusion of the judicial panel on the presence of signs of a crime in the actions of the judge. The application of a preventive measure in the form of detention is allowed: in relation to a judge - with the consent of the qualification board of judges; in relation to a member of the Federation Council, a deputy of the State Duma, the Commissioner for Human Rights - with the consent of the Federation Council or the State Duma, respectively. A reasoned decision of the Constitutional Court of the Russian Federation, a qualification board of judges on giving consent to the election of a judge as a measure of restraint in custody or on a search is adopted no later than five days from the date of receipt of the presentation of the Chairman of the Investigative Committee under the Prosecutor's Office of the Russian Federation and the corresponding court decision. 28 Theme International cooperation in the field of criminal justice As a rule, criminal proceedings are carried out by national law enforcement agencies. But situations are possible when a person, having committed a crime in the territory of one state, leaves for another. In such cases, such an institution of international law as extradition (extradition) is applied. In addition, international agreements provide for the obligations of contracting states to provide each other with legal assistance in criminal cases by performing various procedural actions (inspections, searches, examinations, interrogations, drafting and sending documents, etc.). Currently, Russia has bilateral agreements on legal assistance in criminal cases with many former Soviet republics (Azerbaijan, Georgia, Kyrgyzstan, Latvia, etc.) and other states (Albania, Greece, China, Finland, etc.). In addition, the Russian Federation has ratified a number of international treaties on the provision of legal assistance (European Convention on Extradition (dated December 13, 1957), European Convention on Mutual Legal Assistance in Criminal Matters (dated April 20, 1959)). In accordance with these treaties, a special part 5 was introduced into the Code of Criminal Procedure, which fixes the rules governing various aspects of international cooperation in the field of criminal proceedings: the provision of legal assistance, the extradition of a person for criminal prosecution and or the execution of a sentence, the transfer of a person sentenced to imprisonment for serving punishment in the state of which he is a citizen (Articles 453-473 of the Code of Criminal Procedure). If it is necessary to carry out any procedural actions provided for by the Code of Criminal Procedure on the territory of a foreign state, then the court, prosecutor or investigator submits a request for their production by the relevant competent authorities of that state. The request is sent via: 1) the Supreme Court of the Russian Federation on the judicial activities of the Supreme Court of the Russian Federation; 2) the Ministry of Justice of the Russian Federation - on the judicial activities of all other courts; 3) the Ministry of Internal Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Service of the Russian Federation for Control over the Circulation of Narcotic Drugs and Psychotropic Substances - in relation to investigative actions that do not require a court decision or the consent of a prosecutor; 4) the Prosecutor General's Office of the Russian Federation - in other cases (Article 453 of the Code of Criminal Procedure). Evidence obtained in the territory of a foreign state upon such a request shall have the same legal force as evidence obtained by the competent authorities in the territory of the Russian Federation (Article 455 of the Code of Criminal Procedure). The court, the prosecutor, the investigator, on the basis of the principle of reciprocity, execute requests for the production of procedural actions by the competent authorities and officials of foreign states. In this case, the norms of the Criminal Procedure Code are applied, but according to international treaties, procedural norms of a foreign state can also be applied. When executing the request, representatives of a foreign state may be present. Extradition of a person for criminal prosecution or execution of a sentence. Russia, in accordance with an international treaty of the Russian Federation or on the basis of the principle of reciprocity, may extradite to a foreign state a foreign citizen or stateless person located on the territory of the Russian Federation for criminal prosecution or execution of a sentence for acts that are criminally punishable under the criminal law of the Russian Federation and the laws of a foreign state, the person who submitted the request for extradition. The extradition of a person on the basis of the principle of reciprocity means that, in accordance with the assurances of the foreign state that sent the request for extradition, it can be expected that in a similar situation, extradition will also be carried out at the request of the Russian Federation. The extradition of a person may be carried out in the following cases: 1) if the criminal law provides for the commission of these acts as a punishment in the form of deprivation of liberty for a term exceeding one year, or a more severe punishment, when extradition of a person is carried out for criminal prosecution; 2) if the person against whom the request for extradition has been sent has been sentenced to deprivation of liberty for a term of at least six months or to a more severe punishment; 3) when the foreign state that sent the request can guarantee that the person will be prosecuted only for the crime specified in the request, and after the end of the trial and serving the sentence, will be able to freely leave the territory of this state, and will not be expelled, transferred or extradited third country without the consent of the Russian Federation. The decision to extradite a foreign citizen or stateless person who is on the territory of the Russian Federation, accused of committing a crime or convicted by a court of a foreign state, is taken by the Prosecutor General of the Russian Federation or his deputy. Within 24 hours, these officials shall notify the person in respect of whom the decision has been taken in writing about the decision taken. The verification of the legality and validity of the decision to extradite a person is carried out within a month from the date of receipt of the complaint by a court consisting of three judges, in an open court session with the participation of the prosecutor, the person in respect of whom the decision to extradite, and his defense counsel. The extradition of a person is not allowed if: 1) the person in respect of whom the request of a foreign state for extradition has been received is a citizen of the Russian Federation; 2) a person in respect of whom an extradition request has been received by a foreign state has been granted asylum in the Russian Federation in connection with the possibility of persecution in that state on the basis of race, religion, citizenship, nationality, membership of a certain social group or political opinions; 3) in relation to the person indicated in the request in the territory of the Russian Federation for the same act, a sentence that has entered into legal force has been passed or the criminal proceedings have been terminated; 4) in accordance with the legislation of the Russian Federation, a criminal case cannot be initiated or a sentence cannot be carried out due to the expiration of the statute of limitations or on other legal grounds; 5) there is a decision of the court of the Russian Federation that has entered into legal force on the existence of obstacles to the extradition of this person in accordance with the legislation and international treaties of the Russian Federation. Extradition may be refused if: 1) the act giving rise to the request for extradition is not a crime; 2) the act that served as the basis for the request for extradition was committed on the territory of the Russian Federation or against its interests; 3) the person is already being prosecuted in the Russian Federation for the same act; 4) criminal prosecution for this act is initiated by way of private prosecution. Transfer of a person sentenced to deprivation of liberty to serve the sentence in the state of which he is a citizen. The basis for the transfer of a person sentenced by a court of the Russian Federation to imprisonment to serve a sentence in the state of which he is a citizen, as well as for the transfer of a citizen of the Russian Federation sentenced to imprisonment by a court of a foreign state to serve a sentence in the Russian Federation is a court decision based on the results of consideration of the submission the federal executive body authorized in the field of execution of sentences, or the appeal of the convict or his representative, as well as the competent authorities of a foreign state in accordance with an international treaty of the Russian Federation or a written agreement between the competent authorities of the Russian Federation and the competent authorities of a foreign state on the basis of the principle of reciprocity. The transfer of a convicted person to deprivation of liberty by a court of the Russian Federation to serve the sentence in the state of which he is a citizen may be refused in the following cases: 1) if none of the acts for which the person is convicted is recognized as a crime under the legislation of the state of which the convicted person is a citizen; 2) the punishment cannot be executed in a foreign state due to the expiration of the limitation period or on other grounds provided for by the legislation of that state; 3) no guarantees of execution of the sentence have been received from the convicted person or from a foreign state in the part of the civil claim; 4) no agreement has been reached on the transfer of the convict on the terms stipulated by the international treaties of the Russian Federation; 5) the convict has a permanent place of residence in the Russian Federation. The procedure for resolving by the court of issues related to the execution of the sentence of the court of a foreign state. If, when considering a submission (appeal) for the transfer of a citizen of the Russian Federation sentenced to deprivation of liberty by a court of a foreign state, the court comes to the conclusion that the act for which the citizen of the Russian Federation was convicted is not a crime under the legislation of the Russian Federation or the verdict of the court of a foreign state is not may be executed due to the expiration of the statute of limitations, as well as on other grounds provided for by the legislation of the Russian Federation or an international treaty of the Russian Federation, he issues a decision to refuse to recognize the verdict of a court of a foreign state. In all other cases, the court shall issue a ruling on the recognition and enforcement of the sentence of the court of a foreign state, in which it indicates: 1) the name of the court of the foreign state, the date and place of the judgment; 2) information about the last place of residence of the convicted person in the Russian Federation, his place of work and occupation before conviction; 3) a description of the crime of which the convicted person was found guilty, and the criminal law of the foreign state on the basis of which he was convicted; 4) an article of the Criminal Code providing for liability for a crime committed by a convict; 5) the type and term of the sentence imposed (primary and additional), the term served and the term of punishment that the convict must serve in the Russian Federation, its beginning and end, the type of correctional institution, the procedure for compensation for harm in a civil suit. If under the Criminal Code the maximum term of imprisonment for a given crime is less than that imposed by the sentence of a court of a foreign state, then the court determines the maximum term of imprisonment for the commission of this crime provided for by the Criminal Code. If, according to the Criminal Code, deprivation of liberty is not provided for as a punishment for a crime committed by a person, then the court determines another punishment that is most consistent with the punishment imposed by the verdict of a court of a foreign state, within the limits established by the Criminal Code for this crime. If the verdict of a court of a foreign state relates to two or more acts, not all of which are crimes in the Russian Federation, then the court determines what part of the punishment imposed by the verdict of the court of a foreign state is applied to the act that is a crime. The court order refers to execution in the manner prescribed by Art. 393 Code of Criminal Procedure. In case of annulment or change of a judgment of a court of a foreign state, or application of amnesty or pardon acts issued in a foreign state to a person serving a sentence in the Russian Federation, the issues of enforcement of the revised judgment of a court of a foreign state, as well as the application of acts of amnesty or pardon, are resolved in in accordance with the requirements of Art. 472 Code of Criminal Procedure. Literature 1. Strogovich, M. S. The course of the Soviet criminal process. T. 1. M., 1968; T. 2. M., 1970. 2. Criminal procedure law of the Russian Federation: textbook / otv. ed. P. A. Lupinskaya. M., 2005. 3. Criminal process: textbook / ed. V. P. Bozheva. M., 2000. 4. Criminal process: textbook / ed. V. M. Lebedev. M., 2000. 5. Gromov, N. A., Ponomarenkov, V. A., Frantsiforov, Yu. V. Criminal process in Russia: textbook. M., 2001. Authors: Manova N.S., Frantsiforov Yu.V.
▪ Materials Science. Lecture notes ▪ Valuation and property management. Lecture notes ▪ Money. Credit. Banks. Lecture notes
Artificial leather for touch emulation
15.04.2024 Petgugu Global cat litter
15.04.2024 The attractiveness of caring men
14.04.2024
▪ site section Lighting. Article selection ▪ article On the horizontal composition of the frame. video art ▪ article Which athlete changed his name to Whiskas and why? Detailed answer ▪ article Head of the maintenance station. Job description ▪ article Black mordant for iron and steel. Simple recipes and tips
Home page | Library | Articles | Website map | Site Reviews
www.diagram.com.ua |
We recommend interesting articles Section 
See other articles Section 
Latest news of science and technology, new electronics:
All languages of this page