CRIMINAL-PROCEDURAL CODE

OF THE RUSSIAN FEDERATION

NO. 174-FZ OF DECEMBER 18, 2001

(with the Amendments and Additions of May 29, July 24, 25, October 31, 2002, June 30, July 4, 7, December 8, 2003, April 22, June 29, December 2, 28, 2004, June 1, 2005)

This Code comes into force as of July 1, 2002, with the exception of the provisions, for which other dates and procedure for putting into operation are established by Federal Law No. 177-FZ of December 18, 2001

Passed by the State Duma on November 22, 2001

Approved by the Federation Council on December 5, 2001

Part One. General Provisions

Section I. Basic Provisions

Chapter 1. Criminal-Procedural Legislation

Article 1. Laws Defining the Procedure for Criminal Court Proceedings

1. The procedure for criminal court proceedings on the territory of the Russian Federation is established by the present Code, based on the Constitution of the Russian Federation.

2. The procedure for criminal court proceedings, established by this Code, is obligatory for courts, prosecutor's offices, preliminary investigation and inquiry bodies, as well as for other participants in the criminal court proceedings.

3. The generally recognized principles and norms of international law and international treaties of the Russian Federation make up a component part of the legislation of the Russian Federation regulating criminal legal proceedings. If an international treaty of the Russian Federation has laid down the rules different from those stipulated by the present Code, the rules of the international treaty shall be applied.

Article 2. Operation of the Criminal Procedural Law in Space

1. Proceedings on a criminal case on the territory of the Russian Federation, regardless of the place of committing the crime, shall be conducted in conformity with this Code, unless otherwise stipulated by an international treaty of the Russian Federation.

2. The norms of the present Code shall also be applied in the procedure on a criminal case for a crime committed on an air, sea or river vessel, flying the Flag of the Russian Federation, and outside the territory of the Russian Federation, if the said ship is registered in a port of the Russian Federation.

Article 3. Operation of the Criminal Procedural Law with Respect to Foreign Citizens and Stateless Persons

1. Proceedings on the criminal cases, committed on the territory of the Russian Federation by foreign citizens or by stateless persons shall be conducted in conformity with the rules of the present Code.

2. Procedural actions stipulated by the present Code with respect to the persons enjoying diplomatic immunity, shall be conducted only at the request of the said persons or with their consent, which shall be inquired after through the Ministry of Foreign Affairs of the Russian Federation.

Article 4. Operation of the Criminal-Procedural Law in Time

In proceedings conducted in a criminal case, there shall be applied criminal-procedural law, operating during the performance of the corresponding procedural action or during the adoption of a procedural decision, unless otherwise is established by the present Code.

Article 5. Principal Concepts Used in this Code

Unless otherwise specified, the principal concepts, used in the present Code, shall have the following meaning:

1) alibi - the suspect's or the accused person's being in a different place at the moment when the crime is committed;

2) appeals instance - the court examining criminal cases on appeal upon complaints and presentations, filed against the sentences and rulings of the court which have not yet come into legal force;

3) close persons - other persons not including close relatives and relations maintaining a relationship with the victim or with the witness, as well as persons, whose life, health and welfare mean a lot to the victim or to the witness because of existing personal relations;

4) close relatives - husband, wife, parents, children, adopters, the adopted, blood brothers and sisters, grandfather, grandmother and grandchildren;

5) verdict - the decision as to whether the man on trial is guilty or not guilty, passed by a college of jurors;

6) public prosecutor - an official of the prosecutor's office acting for the prosecution in the name of the state in a court hearing of a criminal case, and on the prosecutor's instructions and in cases when the preliminary investigation has been completed in the form of an enquiry - also an enquirer or investigator;

7) enquirer - an official of the body of enquiry, possessing the legal right or authorized by the head of the body of enquiry to conduct the preliminary inquisition in the form of an inquest, and also the other powers specified in the present Code;

8) enquiry - the form of the preliminary inquisition, carried out by the enquirer (investigator) on a criminal case for which the conducting of the preliminary investigation is not obligatory;

9) pre-trial procedure - criminal court proceedings as from the moment of receiving a communication on the crime up until the prosecutor directing the criminal case to the court to be examined on the merits;

10) living quarters - an individual dwelling house with all the residential and non-residential premises included with it, living premises regardless of form of ownership, included in the housing fund and used for permanent or temporary residence, as well as some other building or structure, not included into the housing fund but used as a temporary residence;

11) detention of the suspect - the measure of the procedural coercion, applied by the body of inquiry, by the inquirer, the investigator or the prosecutor for a term of not over 48 hours as from the moment of the actual detention of the person on the suspicion of his having committed a crime;

11.1) a court's opinion - a conclusion on the presence or absence of components of a crime in actions of the person in respect of which special criminal proceedings are applicable;

12) legal representatives - the parents, adopters, guardians or trustees of a minor suspect, of the accused or of the victim and the representatives of the institutions or organizations into whose care the minor suspect, the accused or the victim is placed, agencies of custody and guardianship;

13) selection of a measure of restriction - the adoption by the inquirer, the investigator or the prosecutor, as well as by the court, of the decision on the measure of restriction with respect to the suspect orto the accused;

14) cassation instance - the court examining on appeal criminal cases upon the complaints and presentations against the sentences, rulings and resolutions of the first instance and of the appeals instance court, which have not yet entered into legal force;

14.1) control over telephone and other talks - tapping and recording conersations by using any communication means, examination of, and listening to, phonograms;

15) moment of the actual detention - the moment when the person, suspected of committing a crime, is actually deprived of the freedom of movement in conformity with the procedure, established by the present Code;

16) supervisory instance - the court, considering criminal cases by way of supervision upon the complaints and presentations against sentences, rulings and resolutions of the courts, which have entered into legal force;

17) head of a body of inquest - the official of a body of inquest, including deputy head of a body of inquest authorized to give orders to carry out an inquest and urgently investigative actions provided for by this Code;

18) head of the investigation department - the official, leading the corresponding investigation subdivision, as well as his deputy;

19) urgent investigative actions - the actions performed by the body of inquiry after the institution of a criminal case, for which a preliminary investigation is obligatory, in order to expose and fix the signs of the crime, as well as the proof requiring an immediate certification, seizure and study;

20) non-complicity - the unestablished complicity or the established non-complicity of the person in the perpetration of a crime;

21) night time - an interval of time from 22:00 to 6:00 local time;

22) charge - the statement about the perpetration by a definite person of an action, prohibited by criminal law, put forward in accordance with the procedure established by the present Code;

23) ruling - any kind of decision, with the exception of a sentence, collectively passed by the first instance court in conducting legal proceedings on a criminal case, as well as the decision passed by a higher placed court, with the exception of the court of appeals or of the supervisory instance, when the corresponding court decision is revised;

24) bodies of inquiry - state bodies and officials authorized in conformity with the present Code to carry out an inquest and to exercise other procedural powers;

25) resolution - any kind of decision, with the exception of the sentence, passed by a judge on his own; the decision, passed by the presidium of the court when the court decision, which has come into legal force, is revised; the decision of the prosecutor, investigator or inquirer, taken when carrying out a preliminary investigation, with the exception of the conclusion of guilt or a bill of indictment;

26) president of the court - the judge who is leading a court session in the collegiate examination of a criminal case, as well as the judge, considering a criminal case on his own;

27) presentation - the act of the prosecutor's response to the court decision, made in accordance with the procedure established by the present Code;

28) sentence - the decision on whether the person on trial is or is not guilty, or on his relief from the punishment, passed by the court of the first or of the appeals instance;

29) application of a measure of restriction - the procedural actions, performed as from the moment of adopting the decision on selecting a measure of restriction and until it is cancelled or modified;

30) juror - the person, drawn into the participation in the court proceedings and into delivering a verdict in conformity with the procedure, established by the present Code;

31) prosecutor - the Prosecutor-General of the Russian Federation and the prosecutors in his/her subordination, as well as their deputies and other officials of a prosecutor's office participating in criminal court proceedings and vested with relevant powers by the federal law on the prosecutor's office;

32) procedural action - an investigatory, judicial or another action, stipulated by the present Code;

33) procedural decision - the decision adopted by the court, by the prosecutor, the investigator or the inquirer in accordance with the procedure, established by the present Code;

34) rehabilitation - the procedure for the reinstatement of the person, who has been unlawfully or groundlessly subjected to the criminal prosecution, in his rights and freedoms, and for the compensation of the harm done to him;

35) rehabilitated person - the person who possesses, in conformity with the present Code, the right to the recompense of the harm done to him in connection with an unlawful or a groundless criminal prosecution;

36) retort - an observation, made by the participant in the parties' presentations concerning the arguments voiced by the other participants;

36.1) results of operative search activities - data gained in compliance with the federal law on operative search activities, on the signs of a crime which is being prepared, committed or has been already committed, on persons who are preparing, committing or have committed a crime and have hidden from bodies of inquiry and investigation or from judicial bodies;

37) relations - all the other persons, except for the close relatives, related in kinship;

38) investigative measures - the measures, taken on the inquirer's or the investigator's orders by the inquirer or the investigator, as well as by the body of inquiry, for the identification of the person, suspected of committing a crime;

39) sanction - the prosecutor's permission (consent) to carrying out by the inquirer or by the investigator the corresponding investigative and other procedural actions, and to their adopting procedural decisions;

40) witness's immunity - the right of the person not to give evidence against himself and against his close relatives and also in the other cases specified in the present Code;

41) investigator - the official, authorized to conduct the preliminary investigation on a criminal case and also the other powers specified in the present Code;

42) holding in custody - keeping the person detained on suspicion of committing a crime, or of the accused, towards whom is applied a measure of restriction in the form of being put under arrest, into an investigatory isolation ward or into some other place, defined by the federal law;

43) communication on a crime - the statement about a crime, the surrender or the report on the exposure of a crime;

44) specialized institution for the minors - the specialized state body providing for the reformation of minors, set up in conformity with federal law;

45) parties - the participants in criminal court proceedings discharging on the competitive principle the function of the accusation (of the criminal prosecution) or of the defence from the accusation;

46) party of the defence - the accused as well as his legal representative, the counsel for the defence, the civil defendant and his legal representative and representative;

47) party of the prosecution - the prosecutor, as well as the investigator, chief of investigation department, the inquirer, the private prosecutor, the victim, his legal representative and representative, the civil claimant and his representative;

48) court - any kind of the court of the general jurisdiction, examining a criminal case on the merits and passing decisions, stipulated by the present Code;

49) court examination - an expert examination, performed in accordance with the procedure, established by the present Code;

50) court session - the procedural form for administering justice in the course of the pre-trial and the court procedure on a criminal case;

51) judicial proceedings - a court session of the courts of the first, the second and the supervisory instances;

52) first instance court - the court, examining a criminal case on the merits and legally authorized to pass the sentence and to take decisions in the course of the pre-trial procedure on a criminal case;

53) second instance court - the courts of the appeals and of the cassation instances;

54) judge - the official authorized to administer justice;

55) criminal prosecution - procedural activity, performed by the party of the prosecution and aimed at the exposure of the suspect or the accused in committing the crime;

56) criminal court proceedings - the pre-trial and the court procedure on a criminal case;

57) criminal law - the Criminal Code of the Russian Federation;

58) participants in criminal court proceedings - the persons taking part in the criminal process;

59) private prosecutor - the victim or his legal representative and representative in the criminal cases of the private prosecution;

60) expert institution - the state forensic-medical expert examination or other institution, to which is entrusted the carrying out of the court examination in accordance with the procedure, laid down by the present Code.

Chapter 2. Principles of the Criminal Court Proceedings

Article 6. Purpose of the Criminal Court Proceedings

1. The criminal court proceedings are aimed at:

1) protecting the rights and the lawful interests of the persons and organizations, who (which) have suffered from the crimes;

2) protecting the person from unlawful and ungrounded accusations and conviction, and from the restriction of his rights and freedoms.

2. The criminal prosecution and the administration of the just punishment to the guilty persons shall correspond to the purpose of the criminal court proceedings in the same measure as the refusal from the criminal prosecution of the non-guilty ones, their relief from the punishment and the rehabilitation of everyone, who has been groundlessly subjected to criminal prosecution.

Article 7. Legality in the Criminal Court Procedure

According to Resolution of the Constitutional Court of the Russian Federation No. 13-P of June 29, 2004, recognized the first and the second parts of Article 7 of the present Code as not contradicting the Constitution of the Russian Federation, inasmuch as the provisions, contained in them - in accordance with their legal constitutional meaning in the system of the currently operating legal regulation - do not imply the resolution of possible collisions between the present Code and any other federal constitutional laws, and are spread only upon the cases, when the provisions of the other federal laws, directly regulating the order of the procedure on criminal cases, contradict the Code of Criminal Procedure of the Russian Federation

1. The court, the prosecutor, the investigator, the body of inquiry and the inquirer shall have no right to apply a federal law contradicting the present Code.

2. The court having established the non-correspondence of a federal law or of another legal normative act to the present Code in the course of the criminal case shall take the decision in conformity with the present Code.

3. Violation of the norms of the present Code by the court, by the prosecutor, by the body of inquiry or by the inquirer in the course of the criminal court proceedings shall entail recognizing the proof obtained in this way as being inadmissible.

4. The rulings of the court, the resolutions of the judge, of the prosecutor, the investigator and the inquirer shall be lawful, substantiated and motivated.

Article 8. Administration of Justice by the Court Alone

1. Justice on a criminal case in the Russian Federation shall be administered only by the court.

2. Nobody shall be recognized as guilty of committing a crime and subjected to a criminal punishment other than under the court sentence and in accordance with the procedure, established by the present Code.

3. The man on trial cannot be deprived of the right to the consideration of his criminal case in that court and by that judge, under whose jurisdiction it is referred by the present Code.

Article 9. Respect of the Person's Honour and Dignity

1. During the course of criminal court proceedings shall be prohibited the performance of actions and the adoption of decisions, degrading the honour of the participant in the criminal court proceedings, and treatment humiliating his human dignity or creating a threat to his life or health.

2. No one of the participants in criminal court proceedings shall be subjected to violence or torture or to other kinds of cruel or humiliating treatment, degrading his human dignity.

Article 10. Immunity of the Person

1. No one can be detained on the suspicion of committing a crime or put under arrest in the absence of the legal grounds for this, envisaged in the present Code. Pending the court decision, no one can be detained for a term of over 48 hours.

2. The court, the prosecutor, the body of inquiry and the inquirer are obliged to immediately relieve any person, who has been illegally detained or illegally deprived of freedom, or illegally placed into a medical or psychiatric stationary hospital, or has been held in custody over a time term in excess of that stipulated by the present Code.

3. The person, with respect to whom was selected the measure of restriction in the form of being taken into custody, as well as the person detained on suspicion of committing a crime, shall be maintained under conditions precluding a threat to his life and health.

Article 11. Protection of the Rights and Freedoms of Man and Citizen in Criminal Court Proceedings

1. The court, the prosecutor, the investigator or the inquirer are obliged to explain to the suspect, the accused, the victim, the civil claimant and the civil defendant, as well as to the other participants in the criminal court proceedings their rights, responsibilities and liability, and to guarantee the possibility of exercising these rights.

2. If persons possessing witness immunity consent to give evidence, the inquirer, the investigator, the prosecutor and the court shall be obliged to warn the said persons that their testimony may be used as the proof in the course of the further proceedings in criminal case.

3. If there is sufficient data, testifying to the fact that the victim, the witness or other participants in the criminal court proceedings, as well as their close relatives, relations or their near persons are threatened with murder, violence, destruction or damage of their property, or with other dangerous illegal acts, the court, the prosecutor, the investigator, the body of inquiry and the inquirer shall take within the scope of their competence with respect to the said persons measures of security, stipulated by the ninth part of Article 166, by the second part of Article 186, by the eighth part of Article 193, by Item 4 of the second part of Article 241 and by the fifth part of Article 278 of the present Code.

4. The damage inflicted upon the person as a result of a violation of his rights and freedoms by the court or by the officials conducting the criminal prosecution, shall be subject to recompense on the grounds and in accordance with the procedure, established by the present Code.

Article 12. Inviolability of Living Quarters

1. An examination of the living quarters shall be carried out only with the consent of the persons residing in them, or on the grounds of a court decision, with the exception of cases, stipulated in the fifth part of Article 165 of the present Code.

2. The search and the seizure in the living quarters may be performed on the ground of a court decision, with the exception of cases, envisaged in the fifth part of Article 165 of this Code.

Article 13. Privacy of Correspondence, Telephone and Other Talks, of Postal, Telegraph and Other Communications

1. Restriction of the citizen's right to privacy of correspondence, of the telephone and other talks, of postal, telegraph and other communications shall be admissible only on the ground of a court decision.

2. Putting under arrest postal and telegraph messages and their seizure at post offices, the monitoring and recording of the telephone and other talks, may be carried out only on the grounds of a court decision.

Article 14. Presumption of Innocence

1. The accused shall be regarded as non-guilty until his being guilty of committing the crime is proved in accordance with the procedure, stipulated by the present Code, and is established by court sentence, which has entered into legal force.

2. The suspect or the accused is not obliged to prove his innocence. The burden of proving the charge and of refuting the arguments cited in defence of the suspect or of the accused, shall lie with the party of the prosecution.

3. All doubts concerning the guilt of the accused, which cannot be eliminated in accordance with the procedure established by the present Code, shall be interpreted in favour of the accused.

4. The verdict of guilty cannot be based on suppositions.

Article 15. Parties' Adversarial Nature

1. The criminal court procedure shall be conducted on the basis of the adversarial nature of the parties.

According to Resolution of the Constitutional Court of the Russian Federation No. 13-P of June 29, 2004, recognized the second part of Article 15 of the present Code as not contradicting the Constitution of the Russian Federation, since in accordance with their legal constitutional meaning in the system of norms of the criminal procedural legislation the provisions, contained in it, as not presupposing a restriction of the operation of the constitutional principle of competitiveness, do not relieve the official persons of the state bodies, who are participants in a criminal court procedure on the side of the prosecution, from the discharge of the constitutional duty, involved in protecting the rights and freedoms of man and citizen, including from an illegal and an unsubstantiated accusation, conviction or another restriction of the rights and freedoms of man and citizen in the investigation of crimes and in the criminal court proceedings on criminal cases

2. The functions of the accusation, of the defence and of the resolution of a criminal case are set apart from one another and cannot be imposed upon one and the same body or upon one and the same person.

3. The court shall not be seen as a body of criminal prosecution, it shall not come out either on the side of the prosecution or on the side of the defence. The court shall create the necessary conditions for the parties to discharge their procedural duties and to exercise the rights, granted to them.

4. The parties of the prosecution and of the defence shall enjoy equal rights before the court.

Article 16. Guaranteeing the Right to the Defence for the Suspect and for the Accused

1. For the suspect and for the accused shall be guaranteed the right to defence, which they may exercise themselves or with the assistance of a counsel for the defence and/or of their legal representative.

2. The court, the prosecutor, the investigator and the inquirer shall explain to the suspect and to the accused their rights, and shall guarantee to them the possibility to defend themselves while resorting to all ways and means, not prohibited by the present Code.

3. In the cases stipulated by the present Code, obligatory participation of a counsel for the defence and/or of the legal representative of the suspect and of the accused shall be provided for by the officials, conducting the proceedings on the criminal case.

4. In cases stipulated by the present Code and by other federal laws, the suspect and the accused may make use of the advice of a counsel for the defence free of charge.

Article 17. Freedom in the Assessment of Proof

1. The judge, the jurors, as well as the prosecutor, the investigator and the inquirer, shall assess the proof in accordance with their inner conviction, based on the aggregate of the proof presented in the given criminal case, and shall rely in doing this on the law and on their conscience.

2. No proof shall be regarded as possessing force established in advance.

Article 18. Language of the Criminal Court Proceedings

1. The criminal court proceedings shall be conducted in the Russian language, as well as in the state languages of the Republics - the members of the Russian Federation. The proceedings on criminal cases in the Supreme Court of the Russian Federation and military courts shall be conducted in the Russian language.

2. To participants in criminal court proceedings who have no command or just a poor command of the language in which the proceedings on the criminal case are conducted, shall be explained and guaranteed the right to make statements, to give explanations and testimony, to lodge petitions and complaints, to get acquainted with the materials of the criminal case and to take the floor in the court using their native tongue or another language, of which they have a good command, and to make use free of charge of interpreter's services in accordance with the procedure, established by the present Code.

3. If, in conformity with the present Code, the investigation and the trial documents are subject to obligatory presentation to the suspect and to the accused, as well as to the other participants in the criminal court proceedings, said documents shall be translated into the native tongue of the corresponding participant in the criminal court proceedings or into the language of which he has a good command.

Article 19. Right to File Appeals Against Procedural Actions and Decisions

1. The actions (the lack of action) and decisions of the court, of the prosecutor, of the investigator, of the body of inquiry and of the inquirer may be appealed against in accordance with the procedure, established by the present Code.

2. Every one convict shall have the right to the revision of the sentence by a higher placed court in accordance with the procedure, established by Chapters 43-45, 48 and 49 of the present Code.

Chapter 3. Criminal Prosecution

Article 20. Kinds of the Criminal Prosecution

1. Depending on the character and on the gravity of the committed crime, the criminal prosecution, including the charge at the trial, shall be carried out in public, private-public or private procedure.

2. Criminal cases on crimes envisaged by Articles 115 and 116, by the first part of Article 129 and by Article 130 of the Criminal Code of the Russian Federation, are seen as criminal cases of private prosecution, are initiated only upon application from the victim or from his legal representative, and are subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is seen as admissible until the court departs to the retiring room for passing the sentence.

3. Criminal cases on crimes, envisaged in the first part of Article 131, the first part of Article 132, the first part of Article 136, the first part of Article 137, the first part of Article 138, the first part of Article 139, in Article 145, in the first part of Article 146 and in the first part of Article 147 of the Criminal Code of the Russian Federation, are seen as criminal cases of the private-public prosecution and are initiated only upon application from the victim, but are not subject to the termination in connection with the victim's reconciliation with the accused, with the exception of the cases envisaged in Article 25 of the present Code.

4. The prosecutor, as well as the investigator or the inquirer with the consent of the prosecutor, have the right to institute a criminal case on any crime mentioned in the second and third parts of this Article also in the absence of an application from the victim, if the given crime has been perpetrated with respect to a person, who is in the state of dependence or who is incapable of exercising on his own the rights he possesses for any other reasons.

5. Criminal cases, with the exception of those mentioned in the second and third parts of the present Article, are seen as criminal cases of public prosecution.

Article 21. Liability of Conducting Criminal Prosecution

1. The criminal prosecution on behalf of the state on criminal cases of the public and of the private-public prosecution shall be conducted by the prosecutor, as well as by the investigator and by the inquirer.

2. In every case of revealing the signs of a crime, the prosecutor, the investigator, the body of inquiry and the inquirer shall be obliged to take measures, stipulated by the present Code, to establish the event of the crime and to expose the person or the persons, guilty of committing the crime.

3. In the cases envisaged by the fourth part of Article 20 of the present Code, the prosecutor shall be obliged to conduct the criminal prosecution on criminal cases regardless of the expression of the victim's will.

4. The demands, orders and inquiries of the prosecutor, of the investigator, of the body of inquiry or of the inquirer, presented within the scope of their powers established by the present Code, shall be obligatory for execution by all institutions, enterprises, organizations, officials and citizens.

Article 22. Victim's Right to Participate in the Criminal Prosecution

The victim, his legal representative and/or his representative shall have the right to take part in the criminal prosecution of the accused, and as concerns the criminal cases of the private prosecution - to put forward and to support the prosecution in accordance with the procedure established by the present Code.

Article 23. Involvement in the Criminal Prosecution upon Application of a Commercial or Other Organisation

If an act envisaged by Chapter 23 of the Criminal Code of the Russian Federation has inflicted damage upon the interests of an exclusively commercial or of another kind of organisation that is not a state or a municipal enterprise, while not inflicting a damage upon the interests of other organisations or upon the interests of the citizens, of the society or of the state, the criminal case shall be instituted upon application from the head of the given organization or with his consent.

Chapter 4. Grounds for Refusal of the Institution of a Criminal Case and for Termination of Criminal Case or Criminal Prosecution

Article 24. Grounds for Refusal to Institute a Criminal Case or to Terminate a Criminal Case

1. A criminal case cannot be instituted, and or instituted criminal case shall be subject to termination on the following grounds:

1) absence of the event of a crime;

2) absence of the corpus delicti in the act;

3) expiry of the deadlines for criminal prosecution;

4) death of the suspect or of the accused, with the exception of cases when the proceedings on the criminal case are necessary for the rehabilitation of the deceased;

5) absence of the victim's application, if the criminal case may be instituted only upon his application, with the exception of cases envisaged by the fourth part of Article 20 of the present Code;

6) lack of a court statement as to the availability of elements of crime in the actions of one of the persons mentioned in Items 1, 3 - 5, 9 and 10 of Part 1 of Article 448 of the present Code or lack of the consent of the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, the qualification college of judges respectively to the opening of a criminal case or prosecution as the accused of one of the persons mentioned in Items 1 and 3-5 of Part 1 of Article 448 of the present Code.

2. The criminal case shall be subject to termination on the ground, envisaged by Item 2 of the first part of this Article, if the criminality and punishability of the action in question have been eliminated by the new criminal law before the sentence came into legal force.

3. The termination of a criminal case shall entail simultaneous cessation of the criminal prosecution.

4. A criminal case shall be subject to termination in the event of terminating a criminal prosecution in respect of all suspects or accused persons, save for the instances provided for by Item 1 of Part One of Article 27 of this Code.

Article 25. Termination of a Criminal Case in Connection with the Parties' Reconciliation

The court, the prosecutor, as well as the investigator and the inquirer with the consent of the prosecutor, shall have the right to terminate the criminal case on the ground of an application, filed by the victim or by his legal representative, for the termination of the criminal case with respect to the person, suspected of or charged with committing a crime of a minor or of an ordinary gravity, in the cases specified in Article 76 of the Criminal Code of the Russian Federation, if this person has reconciled with the victim and has recompensed the damage he has inflicted upon the latter.

Article 26. Abolished

Article 27. Grounds for Termination of the Criminal Prosecution

1. The criminal prosecution with respect to the suspect and to the accused shall be stopped on the following grounds:

1) non-involvement of the suspect and of the accused in the perpetration of the crime;

2) termination of the criminal case on the grounds envisaged by Items 1-6 of the first part of Article 24 of the present Code;

3) as a result of an act of grace;

4) existence of the sentence on the same accusation or of the ruling of the court or the resolution of the judge on the termination of the criminal case on the same accusation, which has come into legal force, with respect to the suspect or to the accused;

5) existence with respect to the suspect and to the accused of an uncancelled resolution of the body of inquiry, of the investigator or of the prosecutor on the termination of the criminal case on the same accusation, or on the refusal to institute a criminal case;

6) refusal of the State Duma of the Federal Assembly of the Russian Federation to give its consent to the deprivation of immunity of the President of the Russian Federation, who has ceased the performance of his powers, and/or refusal of the Federation Council to deprive the given person of the immunity.

2. The termination of the criminal prosecution on the grounds, indicated in Items 3 and 6 of the first part of Article 24, in Articles 25, and 28 of the present Code, as well as in Items 3, 6 and 7 of the first part of the present Article, shall be inadmissible, if the suspected or the accused objects to this. In this case, the proceedings on the criminal case shall be continued in the usual order.

3. The criminal prosecution with respect to a person who has not reached by the moment of committing the crime the age pointed out in the criminal law, from when the criminal liability sets in, shall be subject to termination shall be on the grounds, mentioned in Item 2 of the first part of Article 24 of the present Code. On the same grounds subject to termination the criminal prosecution with respect to a minor who, even though he has reached the age from when criminal liability sets in, could not have fully realized the actual character and the social danger of his actions (of his lack of action) and direct them at the moment of committing the act, envisaged by the criminal law, because of a retardment lagging behind in his psychological development, not connected with a mental disorder.

4. In the cases pointed out in the present Article, the criminal prosecution with respect to the suspect and to the accused may be stopped without the termination of the criminal case.

Article 28. Termination of the Criminal Prosecution in Connection with an Active Repentance

1. The court, prosecutor and also investigator and enquirer, upon the prosecutor's consent, shall be entitled to terminate a criminal prosecution in respect of a person suspected of or charged with having committed a crime of minor or medium degree, in the cases specified in Article 75 of the Criminal Code of the Russian Federation.

2. The termination of the criminal prosecution of a person in the criminal case on a crime of a different category on the grounds, mentioned in the first part of the present Article, shall be admissible only in the cases, specially stipulated by the relevant Articles of the Special Part of the Criminal Code of the Russian Federation.

3. Before the termination of the criminal prosecution, to the person shall be explained the grounds for its termination in conformity with the first and the second parts of the present Article, as well as his right to object to the termination of the criminal prosecution.

4. The termination of the criminal prosecution on the grounds pointed out in the first part of the present Article, shall be inadmissible if the person with respect to whom the criminal prosecution is being terminated objects to this. In the given case, the proceedings on the criminal case shall be continued per the usual procedure.

Section II. Participants in the Criminal Court Proceedings

Chapter 5. The Court

Article 29. Legal Powers of the Court

1. The court alone shall have the legal power to:

1) recognize a person as guilty of committing a crime and to mete out a punishment to him;

2) apply towards a person coercive measures of the medicinal character in conformity with the demands of Chapter 51 of the present Code;

3) apply towards a person coercive measures for an educational influence in conformity with the demands of Chapter 50 of the present Code;

4) cancel or change the decision, passed by the lower placed court.

In conformity with Federal Law No. 177-FZ of December 18, 2001, the second part of Article 29 of the present Code and the other criminal-procedural norms connected with it, concerning the handing over of the powers to the courts in the course of the pre-trial procedure on a criminal case, shall be put into operation as from January 1, 2004. Till January 1, 2004, decisions on these issues shall be taken by the prosecutor

2. The court alone, including in the course of the pre-trial procedure, shall have the legal power to take decisions on:

1) selection of the measure of restriction in the form of taking into custody or of the home arrest;

2) extension of the term for holding in custody;

3) putting the suspect and the accused, who is not in custody, into a medical or a psychiatric stationary hospital for carrying out the forensic-medical or the psychiatric medical expertise, respectively;

4) carrying out an examination of the living quarters in the absence of the consent of the persons residing there;

5) performing a search and/or a seizure in the living quarters;

6) carrying out a personal search, with the exception of the cases envisaged by Article 93 of the present Code;

7) making a seizure of the objects and of the documents, containing information on the deposits and the accounts in banks and other credit institutions;

8) affecting an arrest of correspondence, permission of its inspection and seizure at postal offices;

9) putting under arrest property, including the monetary funds of natural and legal persons, kept on the accounts, in deposits or in storage in banks or other credit institutions;

10) suspending the suspect or the accused from the occupied post in conformity with Article 114 of the present Code;

11) exerting control over and recording of telephone and other talks;

3. The court shall have the right to consider complaints against the actions (the lack of action) and against the decisions of the prosecutor, the investigator, the inquiry body and the inquirer in the cases and in accordance with the procedure, stipulated by Article 125 of the present Code, in the course of the pre-trial procedure.

4. If during the court examination of a criminal case are revealed the circumstances, which were conducive to the perpetration of the crime, to the violation of the citizens' rights and freedoms, or to the other law offences, committed in conducting the inquiry or the preliminary investigation, or when the case was examined by a lower-placed court, the court shall have the right to issue an intermediate ruling or judgement, in which the attention of the corresponding organizations and officials shall be drawn to the given circumstances and facts of the law offences, demanding that the necessary measures be taken. The court shall have the right to issue an intermediate ruling or judgement also in other cases if it finds this necessary.

Article 30. Composition of the Court

1. Criminal cases shall be considered by the court either collectively, or by the judge alone.

2. The court of the first instance shall consider criminal cases in the following composition:

1) the judge of general jurisdiction federal court: criminal cases on all crimes, except for the criminal cases specified in Items 2-4 of the present part;

In conformity with Federal Law No. 177-FZ of December 18, 2001, Item 2 of the second part of Article 30 of the present Code shall be put into operation as from July 1, 2002 in the subjects of the Russian Federation, in which have been established and are operating the courts with the participation of jurors, and on the entire territory of the Russian Federation - as from January 1, 2003

2) the judge of the federal court of general jurisdiction and a college of twelve jurors - upon the petition of the accused - criminal cases on the crimes, pointed out in the third part of Article 31 of the present Code;

In conformity with Federal Law No. 177-FZ of December 18, 2001, Item 3 of the second part of Article 30 of the present Code, in the part concerning the consideration by a college of three judges of a federal court of general jurisdiction of criminal cases for grave and especially grave crimes, shall be put into operation as from January 1, 2003. Till January 1, 2003, criminal cases for grave and especially grave crimes shall be considered by a judge of the federal court of general jurisdiction on his own

3) a college of three judges of general jurisdiction federal court: criminal cases for grave and especially grave crimes if a petition has been filed by the accused before the court hearing was announced in compliance with Article 231 of the present Code;

4) a justice of the peace - criminal cases placed under his jurisdiction in conformity with the first part of Article 31 of the present Code.

3. Consideration of criminal cases on appeal shall be effected by a judge of the district court on his own.

4. Consideration of criminal cases on cassation shall be performed by a court in the composition of three judges of the federal court of general jurisdiction, and by way of supervision - by that in the composition of at least three judges of the federal court of general jurisdiction.

5. If a criminal case is considered by a court in the composition of three judges of the federal court of general jurisdiction, one of them shall act as chairman of the court session.

6. The criminal cases within the jurisdiction of a judge of the peace committed by the persons specified in Part 5 of Article 31 of the present Code shall be heard by the judges of garrison military courts all by themselves in the manner established by Chapter 41 of the present Code. In these cases the verdict and decision are subject to appeal in the form of cassation.

Article 31. Jurisdiction of Criminal Cases

Federal Law No. 54-FZ of June 1, 2005 amended part 1 of Article 31 of this Code

1. Placed under the jurisdiction of a justice of the peace shall be criminal cases for crimes the maximum punishment for the perpetration of which does not exceed three years of deprivation of freedom, with the exception of criminal cases for crimes envisaged by the first part of Article 107, by Articles 108, by the first and second parts of Article 109, 134 and 135, by the first part of Article 136, the first part of Article 146, the first part of Article 147, by Article 170, by the first part of Article 171, the first part of Article 171.1, 174 with the first part, 174.1 with the first part by Article 177, by the first part of Article 178, the first part of Article 183, by the first, third and fourth parts of Article 184, and 185, by the first part of Article 191, by Article 193, by the first part of Article 194, by Article 195, 198, by the first part of Article 199, by the first part of Article 199.1, the first part of Article 201, the first part of Article 202, the first and the third parts of Article 204, by Article 207, by the third part of Article 212, the first part of Article 215, the first part of Article 215.1, the first part of Article 216, the first part of Article 217, the first part of Article 219, the first part of Article 220, the first part of Article 225, by the first part of Article 228, 228.2, the first and the fourth parts of Article 234, the first part of Article 235, the first part of Article 236, the first part of Article 237, the first part of Article 238, by Article 239, by the second part of Article 244, the first part of Article 247, the first part of Article 248, by Article 249, by the first and the second parts of Article 250, the first and the second parts of Article 251, the first and the second parts of Article 252, by Article 253, by the first and the second parts of Article 254, by Article 255, by the third part of Article 256, by Article 257, by the second part of Article 258, by Articles 259 and 262, by the first part of Article 263, the first part of Article 264, by the first part of Article 266, the first part of Article 269, by Articles 270 and 271, by the first part of Article 272, the first part of Article 273, the first part of Article 274, 282 with the first part, 285.1 with the first part, 285.2 with the first part, by the first part of Article 287, by Articles 288 and 289, by the first part of Article 291, by Article 292, by the first part of Article 293, the first and the second parts of Article 294, the first and the second parts of Article 296, by Article 297, by the first and the second parts ofArticle 298, the first part of Article 301, the first part of Article 302, the first and the second parts of Article 303, the first part of Article 306, the first part of Article 307, the first and the second parts of Article 309, the first part of Article 311, by Article 316, the first part of Article 322, the first part of Article 323, paragraph one of Article 327, the first part of Article 327.1 and by Article 328 of the Criminal Code of the Russian Federation.

2. Subject to the jurisdiction of the district court shall be cases for all crimes with the exception of the criminal cases pointed out in the first (in as much as it concerns criminal cases being in the jurisdiction of the judge of the peace), third and fourth parts of the present Article.

3. Subject to the jurisdiction of the Supreme Court of a Republic, of territorial or regional court of a court of a city of federal importance, of the court of a autonomous region or court of an autonomous area shall be:

1) criminal cases on the crimes, mentioned in the second part of Article 105, in the third part of Article 126, in the third part of Article 131, in Article 205, in the second and the third parts of Article 206, in the first part of Article 208, in Articles 209-211, in the first part of Article 212, in Article 227, in the third part of Article 263, in the third part of Article 267, in the third part of Article 269, in Articles 275-279, in Article 281, in the third and the fourth parts of Article 290, in Articles 294-302, in the second and the third parts of Article 303, in Articles 304, 305, 317, in the third part of Article 321, in the second part of Article 322, in Articles 353-358, in the first and in the second parts of Article 359, and in Article 360 of the Criminal Code of the Russian Federation;

2) criminal cases, handed over to the given courts in conformity with Articles 34 and 35 of the present Code;

3) criminal case-files containing data constituting a state secret.

4. Subject to the jurisdiction of the Supreme Court of the Russian Federation shall be the criminal cases, pointed out in Article 452 of the present Code, as well as the other criminal cases, referred under its jurisdiction by the federal constitutional law and by the federal law.

5. The garrison military court shall consider criminal cases on all crimes, committed by the servicemen and by the citizens undergoing the periodical military training, with the exception of the criminal cases, referred to the jurisdiction of the higher placed military courts.

6. Subject to the district (naval) military court shall be the criminal cases, pointed out in the third part of the present Article, concerning the servicemen and the citizens undergoing the periodical military training.

7. If the criminal case, instituted against a group of persons, is referred to the jurisdiction of the military court with respect to only a single one of these persons, the given criminal case may be examined by the military court, unless the person in question, or the persons who are not servicemen or citizens undergoing the periodical military training, object to this. If there are objections on the part of the above-mentioned persons, the criminal case against them shall be set apart into a separate procedure and shall be considered by the corresponding court of general jurisdiction. If it is impossible to single out this criminal case into a separate procedure, the given criminal case against all the involved persons shall be considered by the corresponding court of general jurisdiction.

8. Subject to the jurisdiction of the military courts stationed outside the territory of the Russian Federation shall be criminal cases on crimes committed by servicemen while doing their military duty in the composition of the Russian troops, by their family members or by other citizens of the Russian Federation, if:

1) the act containing the signs of a crime qualified by the criminal law, is committed on the territory, placed under the jurisdiction of the Russian Federation, or when on the official duty, or if it infringes upon the interests of the Russian Federation;

2) an international treaty of the Russian Federation does not rule otherwise.

9. The district court and the military court of the corresponding level shall adopt in the course of the pre-trial procedure on the criminal case the decisions, mentioned in the second and in the third parts of Article 29 of the present Code.

10. The jurisdiction of a civil claim stemming from the criminal case, shall be determined by the jurisdiction of the criminal case, in which it is filed.

Article 32. Territorial Jurisdiction of a Criminal Case

1. A criminal case shall be subject to consideration in the court at the place of the perpetration of the crime, with the exception of the cases stipulated by Article 35 of the present Code.

2. If the crime was initiated at a place under the jurisdiction of one court and completed at a place to which is spread the jurisdiction of another court, the given criminal case shall be referred to the jurisdiction of the court at the place where the crime was completed.

3. If the crimes are committed at different places, the criminal case shall be considered by the court, whose jurisdiction is spread tothat place, where most of the crimes, investigated on the given criminal case, are committed or where the most serious of them is committed.

Article 33. Determination of the Jurisdiction in Combining Criminal Cases

1. If one person or a group of persons is accused of committing several crimes, the criminal cases on which are referred the jurisdiction of the courts of different levels, the criminal case on all the crimes shall be examined by the higher placed court.

2. Examination by the military courts of the criminal cases against the persons who are not servicemen, shall be inadmissible, with the exception of the cases, envisaged by the fifth-eighth parts of Article 31 of the present Code.

Article 34. Handing Over a Criminal Case in Accordance with the Jurisdiction

1. Having established when resolving the question about the appointment of the court session that the arrived criminal case is not within the jurisdiction of the given court, the judge shall pass a ruling on directing the given criminal case to where it belongs in accordance with the jurisdiction.

2. Having established that the case which has come to it is also within the jurisdiction of another court of the same level, the court shall have the right, with the accused person's consent, to leave the given criminal case within its own jurisdiction, but only if it has already started its examination in a court session.

3. If the criminal case is referred to the jurisdiction of a higher placed court or to the military court, it shall in all cases be subject to being handed over in accordance with the jurisdiction.

Article 35. Changing the Territorial Jurisdiction of a Criminal Case

1. The territorial jurisdiction of a criminal case may be changed:

1) upon the party's petition - if the objection it has entered to the constitution of the corresponding court is satisfied in conformity with Article 65 of the present Code;

2) upon the party's petition or at the initiative of the chairman of the court, to which the criminal case has arrived - in the following cases:

a) if all the judges of the given court have earlier taken part in the proceedings on the criminal case under examination, which is a ground for their disqualification in conformity with Article 63 of the present Code;

b) if not all the participants in the criminal proceedings on the given criminal case reside on the territory, to which the jurisdiction of the given court is spread, and if all the accused consent to the change of the territorial jurisdiction of the given criminal case.

2. The change of the territorial jurisdiction of a criminal case shall be admissible only before the start of the legal action.

3. The question of changing the territorial jurisdiction of a criminal case on the grounds pointed out in the first part of this Article, shall be resolved by the chairman of a superior court or by his deputy in accordance with the procedure established by Parts Three, Four and Six of Article 125 of this Code.

Article 36. Inadmissibility of Disputes Concerning Jurisdiction

The disputes concerning the jurisdiction between the courts shall be inadmissible. Any criminal case, handed over from one court to another in accordance with the procedure, established by Articles 34 and 35 of this Code, shall be taken over in an undisputable order for the proceedings of the court, to which it is passed over.

Chapter 6. Participants in the Criminal Court Proceedings on the Side of the Prosecution

Article 37. The Prosecutor

1. The prosecutor shall be seen as an official person, authorized within the scope of competence established by the present Code, to conduct on behalf of the state the criminal prosecution in the course of the criminal court proceedings, as well as to exert supervision over the procedural activity of the bodies of inquiry and of the bodies for the preliminary investigation.

2. In the course of the pre-trial procedure on the criminal case, the prosecutor shall be obliged:

1) to verify the fulfillment of the demands of the federal law during the acceptance, the registration and the resolution of the communications on crimes:

2) to institute a criminal case and, in accordance with the procedure established by the present Code, to entrust its investigation to the inquirer, the investigator or to a lower placed prosecutor, or to take it over for conducting its own judicial proceedings;

3) to take part in conducting a preliminary investigation and, where necessary, to give orders in writing on the direction of an investigation, on committing investigative and other procedural actions or personally commit individual investigative and other procedural actions;

4) to give consent to the inquirer or to the investigator for the institution of a criminal case in conformity with Article 146 of the present Code;

5) to give consent to the inquirer or to the investigator for their addressing the court with a petition for the selection, the cancellation or the modification of the measure of restriction, or for the performance of any other procedural action, admissible on the ground of the court decision;

6) to satisfy the objections filed against the lower placed prosecutor, investigator or inquirer, just the same as their self-rejections;

7) to discharge the inquirer and the investigator from further conducting of the investigation, if they have violated the demands of the present Code while conducting the preliminary investigation;

8) to withdraw any criminal case from the body of inquiry and to hand over a criminal case from one investigator of a prosecutor's office to another one, with an obligatory indication of the grounds for such handing over;

9) to pass over a criminal case from one body of preliminary investigation to another in compliance with the rules established by Article 151 of this Code, to withdraw any criminal case from the body of preliminary investigation and to hand it over to an investigator of a prosecutor's office with an obligatory indication of the grounds for such handing over;

10) to cancel the illegal or the ungrounded resolutions of the lower placed prosecutor, investigator or inquirer in accordance with the procedure, established by the present Code;

11) to entrust to the body of inquiry the conducting of investigative actions and to issue to it directions for carrying out the operational-search measures;

12) to extend the time term fixed for a preliminary investigation;

13) to approve the decision of the inquirer and of the investigator on the termination of the proceedings on a criminal case;

14) to approve the conclusion of guilt or the bill of indictment and to direct the criminal case to the court;

15) to return a criminal case to the inquirer and to the investigator with his directions for conducting an additional investigation;

16) to suspend or to terminate the proceedings on a criminal case;

17) to exercise the other powers, stipulated by the present Code.

3. Written directions of the prosecutor to the body of inquiry, to the inquirer and to the investigator, given in the order established by the present Code, shall be obligatory. Filing an appeal against the received directions with the higher placed prosecutor shall not suspend their execution, with the exception of the cases stipulated by the third part of Article 38 of the present Code.

4. In the course of the court proceedings on a criminal case, the prosecutor shall support the public prosecution, ensuring its legality and substantiation and in cases when the preliminary investigation has been completed in the form of an enquiry the prosecutor shall be entitled to instruct the enquirer or investigator who has performed the enquiry in this criminal case to act for prosecution in the name of the state in the courtroom.

5. The prosecutor shall have the right to refuse from conducting the criminal prosecution in accordance with the procedure and on the grounds, established by the present Code.

6. The powers of the prosecutor, stipulated by the present Article, shall be exercised by the prosecutors of the district and of the city, and by their deputies, as well as by the prosecutors equated to them, and also by the higher placed prosecutors.

Article 38. The Investigator

1. An investigator is an official person, authorized to conduct a preliminary investigation on a criminal case within the scope of competence, stipulated by the present Code.

2. The investigator is authorised to:

1) to institute a criminal case in accordance with the procedure, established by the present Code;

2) accept the criminal case to carry out proceedings or pass it to the prosecutor to be sent according to jurisdiction;

3) to direct on his own the course of investigation, to take decisions on the performance of the investigative or the procedural actions, with the exception of cases when the receipt of a court decision and/or of the prosecutor's sanction is required in conformity with the present Code;

4) to give to the body of inquiry in the cases and in accordance with the procedure established by the present Code, written orders, obligatory for execution, on carrying out operational-search measures, on the performance of individual investigative actions, on the execution of decisions on detention, on coercing, on the arrest or on the performance of other procedural actions, and to receive assistance in the performance thereof;

5) to exercise the other powers, stipulated by this Code.

3. In the event of a disagreement with the actions (omission to act) or decisions of an prosecutor, the investigator shall have the right to present the criminal case to a superior prosecutor stating in writing his objections. Appealing against them with a prosecutor shall not suspend their execution, save for the instances of disagreement with the following prosecutor's decisions and orders:

1) on taking a person to the bar as the defendant;

2) on the qualification of the crime;

3) on the volume of the charge;

4) on the selection of the measure of restriction, or on cancelling or changing the measure of restriction, selected by the investigator with respect to the suspect or the accused;

5) on the refusal to give consent to lodging with the court a petition for selecting a measure of restriction or for the performance of other procedural actions provided for by Items from 2 to 11 of Part Two of Article 29 of this Code;

6) on directing a criminal case to the court or on its termination;

7) on disqualification of the investigator, or on dismissing him from further conducting the investigation;

8) on handing over a criminal case to another investigator.

4. In the cases envisaged by the third part of the present Article, the prosecutor shall cancel the direction of the lower-placed prosecutor or shall entrust conducting a preliminary investigation on the given criminal case to another prosecutor.

Article 39. Head of the Investigation Department

1. The head of the investigation department shall be authorized to:

1) entrust conducting a preliminary investigation to an investigator or to several investigators, as well as to withdraw a criminal case from an investigator and to hand it over to another investigator with an obligatory indication of the reasons for such handing over, to form an investigative team, to change the composition thereof;

2) cancel the investigator's unsubstantiated resolutions on suspending a preliminary investigation;

3) to file a petition to the prosecutor on cancelling the other illegal or unsubstantiated decisions of the investigator.

2. The head of the investigation department shall have the right to initiate criminal proceedings in the order established by this Code, to take over a criminal case for conducting his own procedure and to carry out a preliminary investigation in full volume, while retaining in doing this the powers of the investigator and/or of the head of the investigative group stipulated, respectively, by Articles 38 and 163 of the present Code.

3. When exercising the powers stipulated by the present Article, the head of the investigation department shall have the right:

1) to check up the materials of the criminal case;

2) to issue orders to the investigator on the direction of the investigation, on the performance of the individual investigative actions, on taking a person to the bar as the defendant, on selecting a measure of restriction with respect to the suspect and to the accused, on the qualification of the crime and on the volume of the charge.

4. Directions of the head of the investigation department on a criminal case shall be issued in writing and shall be obligatory for execution for the investigator, but the latter may file an appeal against them with the prosecutor. Filing an appeal against the directions shall not serve to suspend their execution, with the exception of the cases when they concern the withdrawal of a criminal case and its handing over to another investigator, prosecution of a person as accused, qualification of the crime, the scope of charge the selection of a measure of restriction or the performance of investigative actions, which are admissible only under a court decision. In this case, the investigator shall have the right to provide the prosecutor with criminal case materials and his written objections to the directions of the head of the investigation department.

Article 40. The Body of Inquiry

1. Referred to the bodies of inquiry shall be:

1) the internal affairs bodies of the Russian Federation, as well as the other executive power bodies, granted the powers for the performance of an operational-search activity in conformity with the federal law;

2) the Chief Officer of Justice of the Russian Federation, the chief military officer of justice, the chief officer of justice of the subject of the Russian Federation and their deputies, the senior officer of justice, the senior military officer of justice, as well as the senior officers of justice of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation and of the Higher Arbitration Court of the Russian Federation;

3) the commanders of military units and formations, the heads of military institutions or garrisons.

4) the bodies of the State Fire-Fighting Service.

2. Upon the bodies of inquiry shall be imposed:

1) an inquiry on the criminal cases, conducting a preliminary investigation on which is not obligatory - in accordance with the procedure, established by Chapter 32 of the present Code;

2) performance of the urgent investigative actions on the criminal cases, conducting a preliminary investigation on which is obligatory - in accordance with the procedure, established by Article 157 of the present Code.

3. Institution of a criminal case in accordance with the order, established by Article 146 of the present Code, and performance of urgent investigative actions shall also be imposed upon:

1) the captains of the sea and river vessels on a long voyage - on the criminal cases on crimes, committed on board of the said ships;

2) the heads of the geological prospecting parties and winterings a long distance from the places of location of the bodies of inquiry, named in the first part of the present Article - on criminal cases on crimes committed at the place of location of the given parties and winterings;

3) the heads of the diplomatic representations and the consular institutions of the Russian Federation - on the criminal cases on crimes, committed within the boundaries of the territories of the given representations and institutions.

Article 41. The Inquirer

1. The powers of the body of inquiry, stipulated by Item 1 of the second part of Article 40 of this Code, shall be imposed upon the inquirer by the head of the body of inquiry or by his deputy.

2. Imposing the powers for conducting an inquiry upon a person, who has carried out or who is carrying out the operational-search measures on the given criminal case, shall be inadmissible.

3. The inquirer shall be authorized:

1) to independently conduct the investigative and the other procedural actions and to take procedural decisions, with the exception of the cases, when in conformity with the present Code for this is required the consent of the head of the body of inquiry, the sanction of the prosecutor and/or the court decision;

2) to exercise the other powers, stipulated by the present Code.

4. The directions of the prosecutor and of the head of the body of inquiry, issued in conformity with the present Code, shall be seen as obligatory for the inquirer. The inquirer shall in this case have the right to file an appeal against the directions of the head of the body of inquiry to the prosecutor and against the directions of the prosecutor - to the higher placed prosecutor. Filing an appeal against the given directions shall not be serve to suspend their execution.

Article 42. The Victim

1. Seen as the victim shall be a natural person, upon whom a physical, property or moral damage was inflicted by the crime, as well as a legal entity, if his property and business reputation were damaged by the crime. The decision on recognizing a person to be a victim shall be formalized by the resolution of the inquirer, investigator or prosecutor, or of the court.

2. The victim shall have the right:

1) to know about the charge brought against the accused;

2) to furnish evidence;

3) to refuse to testify against himself, his/her spouse and the other close relatives, whose circle is delineated in Item 4 of Article 5 of the present Code. If the victim consents to bear evidence, he shall be warned that his testimony may be used as the proof in the criminal case, including even if he subsequently renounces this testimony;

4) to submit proof;

5) to enter petitions and to file recusations;

6) to give evidence in his native tongue or in the language, of which he has a good command;

7) to make use of an interpreter's services free of charge;

8) to have a representative;

9) to take part with the permission of the investigator or of the inquirer in the investigative actions, performed at his own petition or at the petition of his representative;

10) to get acquainted with the protocols on the investigative actions, carried out with his participation, and to submit comments on them;

11) to get acquainted with the decision on the appointment of a court examination and with the expert's conclusion in the cases, stipulated in the second part of Article 198 of the present Code;

12) after the preliminary investigation is completed, to get acquainted with all materials of the criminal case, to write out of the criminal case any information and in any volume, and to make copies of the criminal case materials, including with the use of technical devices. If several victims are participating in the criminal case, each of them shall have the right to get acquainted with those materials of the criminal case, which concern the harm done to the given victim;

13) to receive the copies of the decision on the institution of a criminal case, on recognizing him as a victim or on the refusal in this, on the termination of the criminal case, on the suspension of the proceedings on the criminal case, as well as the copies of the sentence of the court of the first instance and of the decisions of the courts of the appeals and of the cassation instances;

14) to participate in the judicial proceedings on the criminal case in the courts of the first, the second and the supervisory instances;

15) to take part in the judicial debates;

16) to support the prosecution;

17) to get acquainted with the protocol of the court session and to submit comments on it;

18) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, the investigator, the prosecutor and the court;

19) to file appeals against the sentence, the ruling or the resolution of the court;

20) to know about the complaints and presentations, submitted on the criminal case, and to submit objections to them;

21) to plead the application of security measures in accordance with the third part of Article 11 of the present Code;

22) to exercise the other powers, stipulated by the present Code.

3. To the victim shall be guaranteed the compensation for the property damage, inflicted by the crime, as well as for the outlays he has had to make in connection with his participation in the process of the preliminary investigation and of the trial, including the outlays on the representative, in conformity with the demands of Article 131 of the present Code.

4. On the victim's claim for the recompense of the moral damage, inflicted upon him, in the monetary expression, the amount of the recompense shall be determined by the court in the course of the court proceedings on the criminal case, or by way of the civil court proceedings.

5. The victim shall have no right:

1) to default the summons of the inquirer, of the investigator or of the prosecutor, and the summons to the court;

2) to furnish a deliberately false evidence, or to refuse to give evidence;

3) to divulge the data of the preliminary investigation, if he was warned to this effect in advance in accordance with the procedure, established by Article 161 of the present Code.

6. If the victim does not respond to the summons without any serious reasons, he may be brought under coercion.

7. For the refusal to provide evidence and for furnishing a deliberately false evidence, the victim shall be held responsible in conformity with Articles 307 and 308 of the Criminal Code of the Russian Federation. For divulging data of the preliminary investigation, the victim shall be liable in conformity with Article 310 of the Criminal Code of the Russian Federation.

8. On the criminal cases on crimes which have entailed the death of a person, the rights of the victim, stipulated by the present Article, shall pass on to one of his close relatives.

9. If recognized as the victim is a legal entity, its rights shall be exercised by its representative.

10. Participation in the criminal case of the legal representative and of the representative of the victim shall not deprive him of the rights, stipulated by the present Article.

Article 43. The Private Prosecutor

1. Seen as the private prosecutor shall be the person, who has filed an application with the court on a criminal case of the private prosecution in accordance with the procedure established by Article 318 of the present Code, and who is backing up the prosecution in the court.

2. The private prosecutor shall be granted the rights, stipulated by the fourth, the fifth and the sixth parts of Article 246 of the present Code.

Article 44. The Civil Claimant

1. Seen as the civil claimant shall be a natural or a legal person, who (which) has filed a claim for the recompense of the property damage, if there are grounds to believe that this damage was inflicted upon him directly by the crime. The decision on recognizing a person to be the civil claimant shall be formalized by a court ruling or by the resolution of the judge, of the prosecutor, of the investigator or of the inquirer. The civil claimant may also file a civil claim for the material compensation of the moral damage.

2. A civil claim may be presented after the institution of criminal proceedings and up to the end of the investigation in court, when trying this criminal case by a court of the first instance. When making a civil claim, the civil claimant shall be exempted from paying state duty.

3. A civil claim for the protection of the interests of the under age, of the persons recognized as legally incapable or as restricted in their legal capacity in accordance with the procedure, established by the civil procedural legislation, as well as of the persons, who cannot defend their rights and lawful interests themselves because of some other reasons, may be lodged by their legal representatives or by the prosecutor, and a civil claim for the protection of the interests of the state - by the prosecutor.

4. The civil claimant shall have the right:

1) to support a civil claim;

2) to furnish proof;

3) to give explanations on the lodged claim;

4) to give petitions and recusations;

5) to give evidence and explanations in his native tongue or in a language, of which he has a good command;

6) make use of an interpreter's services free of charge;

7) to refuse to give evidence against himself, against his (her) spouse and against the other close relatives, whose circle is delineated by Item 4 of Article 5 of the present Code. If the civil claimant agrees to bear evidence, he must be warned that his testimony may be used as the proof in the criminal case, even if he subsequently renounces this testimony;

8) to have a representative;

9) to get acquainted with the protocols of the investigative actions, carried out with his participation;

10) to take part in the investigative actions performed by his own petition or at the petition of his representative, with the permission of the investigator or of the inquirer;

11) to renounce the civil claim he has filed. Before he accepts the renouncement of the civil claim, the inquirer, investigator, prosecutor or the court shall explain to the civil claimant the consequences of his renouncement of the civil claim, stipulated by the fifth part of the present Article;

12) to get acquainted after the end of the investigation with the criminal case materials, concerning the civil claim he has filed, and to write out of the criminal case any information and in any volume;

13) to know about the adopted decisions infringing upon his interests, and to receive the copies of the procedural decisions concerning the civil claim he has lodged;

14) to take part in the judicial proceedings in the criminal case in the courts of the first and appeals instance;

15) to take the floor in the judicial debates in order to lay the ground for the civil claim;

16) to get acquainted with the protocol of the court session and to submit comments on it;

17) to lodge complaints against the actions (lack of action) and decisions of the inquirer, investigator, prosecutor or the court;

18) to appeal against the sentence, the ruling or the resolution of the court in the part concerning the civil claim;

19) to know about the complaints and presentations, filed on the criminal case, and to submit objections to them;

20) to take part in the court examination of the lodged complaints and presentations in the order, established by the present Code.

5. Renouncement of the civil claim may be declared by the civil claimant at any moment of the proceedings on the criminal case, but before the court departs to the retiring room for passing the sentence. The renouncement of the civil claim shall entail the termination of the proceedings on it.

6. The civil claimant shall have no right to divulge the data of the preliminary investigation, if he was warned to this effect in advance in accordance with the procedure, established by Article 161 of the present Code. The civil claimant shall bear responsibility for divulging the data of the preliminary investigation in conformity with Article 310 of the Criminal Code of the Russian Federation.

Article 45. Representatives of the Victim, of the Civil Claimant and of the Private Prosecutor

1. To come out in the capacity of representatives of a victim, of a civil claimant or a private prosecutor may be lawyers, while to come out as representatives of a civil claimant, which is a legal entity, can be the other persons, authorized to represent its interests in conformity with the Civil Code of the Russian Federation. On the decision of the justice of the peace, admitted as the representative of the victim or of the civil claimant may also be one of the close relatives of the victim or of the civil claimant, or another person, for whose admittance the victim or the civil claimant has applied.

2. To protect the rights and the lawful interests of the victims, who are the minor or who are deprived of the possibility to defend their rights and lawful interests on their own because of their physical or psychological condition, into an obligatory participation in the criminal case shall be involved their legal representatives or representatives.

3. The legal representatives and the representatives of the victim, of the civil claimant and of the private prosecutor shall enjoy the same procedural rights as the persons they represent.

4. Personal participation in the criminal case of the victim, of the civil claimant or of the private prosecutor shall not deprive him of the right to have a representative on this criminal case.

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the Defence

Article 46. The Suspect

1. Seen as the suspect shall be the person,

1) with respect to whom a criminal case is instituted on the grounds and in accordance with the procedure, established by Chapter 20 of the present Code;

2) who is detained in conformity with Articles 91 and 92 of the present Code;

3) with respect to whom a measure of restriction was applied before bringing the charge in conformity with Article 100 of the present Code.

2. The suspect detained in the procedure established by Article 91 of this Code has to be interrogated within 24 hours, as of the time of his actual detention.

3. In the case, stipulated by Item 2 of the first part of the present Article, the investigator or the inquirer shall be obliged to notify to this effect the close relatives or the relations of the suspect in conformity with Article 96 of the present Code.

4. The suspect shall have the right:

1) to know of what he is suspected, and to get a copy of the ruling on the institution of a criminal case against him, or a copy of the custody report, or a copy of the ruling on the application towards him the measure of restriction;

2) to give explanations and evidence concerning the suspicion moved against him or to refuse giving the explanations and the evidence. If the suspect agrees to give evidence, he/she has to be warned that his/her evidence may be used as proof in a criminal case, and likewise in the event of his/her subsequent denial of this evidence, save for the instance provided for by Item 1 of Part Two of Article 75 of this Code;

3) to avail himself of the advice of the counsel for the defence from the moment stipulated by Items 2 and 3 of the third part of Article 49 of the present Code, and to have a private and confidential visit from him before the suspect's first interrogation;

4) to furnish proof;

5) to enter petitions and to file recusations;

6) to give the evidence and the explanations in his native tongue or in the language, of which he has a good command;

7) to make use of an interpreter's services free of charge;

8) to get acquainted with the protocols of investigative actions carried out with his participation and to submit comments on them;

9) to take part with the permission of the investigator or of the inquirer, in the investigative actions carried out at his own petition, at the petition of his counsel for the defence, or of his legal representative;

10) to lodge complaints against the actions (the lack of action) and decisions of the court, of the prosecutor, of the investigator or of the inquirer;

11) to defend himself using the other means and ways, not prohibited by the present Code.

Article 47. The Accused

1. Recognized as the accused shall be the person, with respect to whom:

1) a ruling is passed on bringing him to trial in the capacity of the accused;

2) a bill of indictment is passed;

2. The accused, on whose criminal case are appointed the court proceedings, is called the defendant. The accused, with respect to whom a verdict of guilty is passed, is called the convict. The accused, with respect to whom the verdict of not guilty is passed, shall be seen as having been acquitted.

3. The accused shall have the right to defend his rights and lawful interests and to have enough time, as well as an opportunity, to prepare for the defence.

4. The accused shall have the right:

1) to know with what he is charged;

2) to receive a copy of the ruling on bringing him to trial in the capacity of the defendant, a copy of the ruling on applying towards him the measure of restriction, a copy of the conclusion of guilt or of the bill of indictment;

3) to object to the accusation, to give evidence on the charge brought against him, or to refuse to supply evidence. If the suspect agrees to give evidence, he/she has to be warned that his evidence may be used as proof in a criminal case, and likewise in the event of his/her subsequent denial of this evidence, save for the instance provided for by Item 1 of Part Two of Article 75 of this Code;

4) to furnish proof;

5) to enter petitions and to file recusations;

6) to bear evidence and to express himself in his native tongue or in a language, of which he has a good command;

7) to make use of an interpreter's services free of charge;

8) to resort to the assistance of the counsel for the defence, including free of charge in the cases, stipulated by the present Code;

9) to have private and confidential visits from the counsel for the defence, including ones prior to the first interrogation of the accused, without restriction of their number and duration;

10) to take part with the permission of the investigator in investigative actions, carried out at his own petition or at the petition of his counsel for the defence or of his legal representative, to get acquainted with the protocols of these actions and to submit comments on them;

11) to get acquainted with the ruling on the appointment of the court examination, to put questions to the expert and to get acquainted with the expert's conclusion;

12) after the preliminary investigation is completed, to get acquainted with all materials of the criminal case and to write out of the criminal case any information and in any volume;

13) to make copies of the criminal case materials at his own expense, including with the use of technical devices;

14) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, of the investigator, of the prosecutor or of the court, and to take part in their examination by the court;

15) to object to the termination of the criminal case on the grounds, stipulated by the second part of Article 27 of the present Code;

16) to participate in the legal proceedings on the criminal case in the courts of the first, the second and the appeals instance, as well as in the examination by the court of the issue of selecting with respect to him a measure of restriction and in the other cases, mentioned in Items from 1 to 3 and 10 of Part Two of Article 29 of this Code;

17) to get acquainted with the protocol of the court session and to submit comments on it;

18) to file an appeal against the sentence, the ruling or the resolution of the court and to receive the copies of the decisions he appeals against;

19) to receive the copies of the complaints and the presentations, lodged on the criminal case, and to file objections to these complaints and presentations;

20) to take part in the examination of the questions, involved in the execution of the sentence;

21) to defend himself while resorting to the other means and ways, not prohibited by the present Code.

5. Participation in the criminal case of the counsel for the defence or of the legal representative of the accused shall not serve as a ground for restricting any one right of the accused.

6. At the first interrogation of the accused, the prosecutor or the inquirer shall explain to him his rights, stipulated by the present Article. At the subsequent interrogations, to the accused shall be once again explained his rights, stipulated by Items 3, 4, 7 and 8 of the fourth part of the present Article, if the interrogation is conducted without the participation of the counsel for the defence.

Article 48. Legal Representatives of an Under age Suspect and Accused

In the criminal cases for crimes committed by the under age, their legal representatives shall be involved into an obligatory participation in the criminal case in accordance with the procedure established by Articles 426 and 428 of the present Code.

Article 49. The Counsel for the Defence

1. Seen as the counsel for the defence shall be the person, carrying out the defence of the rights and the interests of the suspects and of the accused in conformity with the procedure, established by the present Code, and rendering to them legal advice during the court proceedings on the criminal case.

2. Admitted to coming out as counsels for the defence shall be lawyers. Under the ruling or decision of the court, admitted in the capacity of the counsel for the defence may also be, alongside the lawyer, one of the close relatives of the accused, or another person for whose admittance the accused has applied. If the proceedings are carried out by a justice of the peace, the said person may also be admitted instead of the lawyer.

3. The counsel for the defence takes part in the criminal case:

1) as from the moment when a ruling is passed on bringing the person to trial in the capacity of the defendant, with the exception of the cases stipulated by Items 2-5 of the present part;

2) from the time when a criminal case was opened in respect of a specific person;

3) as from the moment of the actual detention of the person suspected of committing a crime, in the cases:

a) stipulated by Articles 91 and 92 of the present Code;

b) of application towards him, in accordance with Article 100 of the present Code, of the measure of restriction in the form of taking into custody;

4) as from the moment of the announcement to the person, suspected of committing a crime of the ruling on the appointment of the court-psychiatric examination;

5) as from the moment of the start of the other measures of the procedural coercion or of other procedural actions, infringing upon the rights and freedoms of the person suspected of committing a crime.

4. A lawyer shall be admitted to the participation in a criminal case in the capacity of the counsel for the defence upon the presentation of the lawyer's identification card and of the warrant.

5. If the counsel for the defence participates in the court proceedings on a criminal case, in the materials of which is contained some information comprising a state secret, while having no corresponding access to the said information, he shall be obliged to give a written recognizance not to divulge it.

6. One and the same person cannot act as the counsel for the defence for two suspects or accused, if the interests of one of them contradict the interests of the other.

7. The lawyer shall have no right to refuse from the assumed defence of the suspect and of the accused.

Article 50. Invitation, Appointment and Replacement of the Counsel for the Defence, and the Remuneration of His Labour

1. The counsel for the defence shall be invited by the suspect or by the accused, by his legal representative, or by the other persons on the orders or with the consent of the suspect or of the accused. The suspect or the accused shall have the right to invite several counsels for the defence.

2. At the request of the suspect and of the accused, the participation of the counsel for the defence shall be provided for by the inquirer, by the investigator and by the prosecutor, or by the court.

3. If the invited counsel for the defence fails to appear in the course of five days from the day of entering an application for inviting

the counsel for the defence, the inquirer, the investigator, the prosecutor or the court shall have the right to suggest that the suspect or the accused shall invite another counsel for the defence, and if he refuses to do so, to take measures for an appointment of the counsel for the defence. If the counsel for the defence involved in the criminal case, cannot take part in the proceedings on the concrete procedural action in the course of five days, while the suspect or the accused does not invite another counsel for the defence and does not lodge a petition on an appointment of such, the inquirer or the investigator shall have the right to carry out the given procedural action without the participation of the counsel for the defence, with the exception of the cases stipulated by Items 2-7 of the first part of Article 51 of the present Code.

4. If in the course of 24 hours from the moment of detention of the suspect or of taking the suspect or the accused into custody the counsel for the defence, invited by him, is unable to come, the inquirer or the prosecutor shall take measures for an appointment of the counsel for the defence. If the suspect or the accused rejects the appointed counsel for the defence, the investigative actions with the participation of the suspect or of the accused can be carried out without the participation of the counsel for the defence, with the exception of the cases, stipulated by Items 2-7 of the first part of Article 51 of the present Code.

5. If the lawyer takes part in conducting the preliminary investigation or in the court proceedings in accordance with the appointment by the inquirer or by the investigator, or by the court, the outlays on the remuneration of his labour shall be compensated from the funds of the federal budget.

Article 51. Obligatory Participation of the Counsel for the Defence

1. Participation of the counsel for the defence in the criminal court proceedings shall be obligatory, if:

1) the suspect or the accused has not refused from the counsel for the defence in the order established by Article 52 of the present Code;

2) the suspect or the accused is a minor;

3) the suspect or the accused cannot exercise his right to the defence on his own because of his physical or psychological defects;

4) the suspect or the accused does not have a good command of the language in which the proceedings on the criminal case are conducted;

5) the person is accused of committing a crime for which may be meted out a punishment in the form of deprivation of freedom for a term of over fifteen years, of life imprisonment or of capital punishment;

6) the criminal case is subject to consideration by a court with the participation of jurors;

7) the accused has entered a petition for the examination of the criminal case in accordance with the procedure, established by Chapter 40 of the present Code.

2. In the cases stipulated by Items 1-5 of the first part of the present Article, the participation of the counsel for the defence shall be provided for in the procedure, laid down by the third part of Article 49 of the present Code, and in the cases stipulated by Items 6 and 7 of the first part of the present Article - as from the moment of entering a petition for the consideration of the criminal case by the court with the participation of jurors, or a petition for the examination of the criminal case in accordance with the procedure, established by Chapter 40 of the present Code, if only by a single one of the accused.

3. If in the cases, stipulated by the first part of the present Article, the counsel for the defence is not invited by the suspect or by the accused himself, or by his legal representative, or by the other persons on the orders of or with the consent of the suspect or of the accused, the inquirer, the investigator, the prosecutor or the court shall provide for the participation of the counsel for the defence in the criminal court proceedings.

Article 52. Refusal from the Counsel for the Defence

1. The suspect or the accused shall have the right to refuse from the services of the counsel for the defence at any moment of the proceedings on the criminal case. Such refusal shall be admissible only at the initiative of the suspect or of the accused. Refusal to have a counsel for defence shall be made in writing. If a refusal to have a counsel for defence is announced during an investigative action, an annotation to this effect shall be entered in the minutes of such investigative action.

2. The waiver the counsel for the defence is not obligatory for the inquirer, the investigator, the prosecutor and for the court.

3. Refusal from the counsel for the defence shall not deprive the suspect or the accused of the right subsequently to apply for the admittance of the counsel for the defence to the participation in the proceedings on the criminal case. Admittance of the counsel for the defence shall not entail a repetition of the procedural actions, which have already been carried out by this moment.

Article 53. Powers of the Counsel for the Defence

1. Right from the moment of being admitted to the participation in the criminal case, the counsel for the defence shall have the right:

1) to pay visits to the suspect or to the accused in conformity with Item 3 of the fourth part of Article 46 and with Item 9 of the fourth part of Article 47 of the present Code;

2) to collect and to present the proof, necessary for rendering legal advice, in accordance with the procedure, established by the third part of Article 86 of the present Code;

3) to involve a specialist in conformity with Article 58 of the present Code;

4) to be present when the accusation is brought;

5) to take part in the interrogation of the suspect or of the accused, as well as in the other investigative actions, performed with the participation of the suspect or of the accused, or at the latter's petition or at the petition of the counsel for the defence himself, in accordance with the procedure established by the present Code;

6) to get acquainted with the report on the detention, with the ruling on the application of a measure of restriction and with the protocols of investigative actions, carried out with the participation of the suspect or of the accused, as well as with the other documents that have been presented or should have been presented to the suspect or the accused;

7) after the completion of the preliminary investigation, to get acquainted with all the materials of the criminal case, to write out from the criminal case any information in any volume and to make the copies of the criminal case materials at his own expense, including with the use of technical devices;

8) to enter petitions and to file recusations;

9) to take part in the judicial proceedings on the criminal case in the courts of the first and the second instances and in the supervisory agency, as well in the examination of the issues, involved in the execution of the sentence;

10) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, the investigator or the prosecutor, or of the court, and to take part in the consideration thereof by the court;

11) to make use of other means and ways of defence not prohibited by the present Code.

2. The defence council participating in the commission of an investigative action shall be entitled, within the framework of rendering legal aid to his/her defendant, to consult him briefly in the presence of the investigator, to pose questions to persons under interrogation by authority of the investigator, to make remarks in writing as to the correctness and completeness of entries made in the record of a given investigative action. The investigator may reject the defence counsel's questions but shall be obliged to enter rejected questions in the record.

3. The counsel for the defence shall have no right to divulge the data of the preliminary investigation about which he has learned in connection with the performance of the defence, if he was warned to this effect in advance in accordance with the procedure, established by Article 161 of the present Code. The counsel for the defence shall be held responsible for the divulgence of the data of the preliminary investigation in conformity with Article 310 of the Criminal Code of theRussian Federation.

Article 54. The Civil Defendant

1. Brought to criminal liability in the capacity of a civil defendant may be a natural or a legal person, who (which), in conformity with the Civil Code of the Russian Federation, is held responsible for a damage caused by a crime. On bringing a natural or legal person to criminal responsibility, the inquirer, investigator, prosecutor or judge shall pass a resolution, and the court - a ruling.

2. The civil defendant shall have the right:

1) to know about the substance of the claims and about the circumstances on which they are based;

2) to object to the filed civil claim;

3) to give explanations and evidence on the merits of the filed claim;

4) to refuse to testify against himself, his (her) spouse and other close relatives, whose circle is delineated by Item 4 of Article 5 of the present Code. If the civil defendant agrees to give evidence, he must be warned that his testimony may be used as proof in the criminal case, even if he subsequently renounces it;

5) to give evidence in the native tongue or in a language of which he has a good command, and to make use of an interpreter's services free of charge;

6) to have a representative;

7) to collect and present proof;

8) to enter petitions and to file recusations;

9) after the preliminary investigation is completed, to get acquainted with the criminal case materials concerning the filed civil claim, and to write out of the criminal case the corresponding excerpts and make the copies of those materials of the criminal case, which concern the civil claim, at his own expense, including with the use of technical devices;

10) to participate in the judicial proceedings on the criminal case in the courts of the first and of the appeals instance;

11) to take the floor during the judicial debates;

12) to lodge complaints against the actions (lack of action) and decisions of the inquirer, the investigator and the prosecutor, and of the court in the part concerning the civil claim, and to participate in the consideration thereof by the court;

13) to get acquainted with the record of the judicial proceedings and to submit comments on it;

14) to file an appeal against the sentence, the ruling or the resolution of the court in the part concerning the civil claim, and to participate in the examination of the complaint by a higher placed court;

15) to know about the complaints and presentations filed in the criminal case, and to submit objections to them if they infringe upon his interests.

3. The civil defendant shall have no right:

1) to evade the attendance at the summons of the inquirer, the investigator or the prosecutor, or the appearance before the court.

2) to divulge the data of the preliminary investigation, of which he has learned in connection with his participation in the procedure on the criminal case, if he was warned to this effect in advance in accordance with the procedure established by Article 161 of the present Code. For the divulgence of the data of the preliminary investigation, the civil defendant shall be held responsible in conformity with Article 310 of the Criminal Code of the Russian Federation.

Article 55. Representative of the Civil Defendant

1. Coming out as representatives of a civil defendant may be lawyers, and as representatives of a civil defendant who is a legal entity - also other persons, authorized to represent its interests in conformity with the Civil Code of the Russian Federation. By the ruling of the court or by the resolution of the judge, the prosecutor, the investigator or the inquirer, to coming out as a representative of the civil defendant may also be admitted one of the close relatives of the civil defendant or another person, for whose admittance the civil defendant has applied.

2. The representative of the civil defendant shall enjoy the same rights as the person he is representing.

3. The civil defendant's personal participation in the procedure on the criminal case shall not deprive him of the right to have a representative.

Chapter 8. Other Participants in the Criminal Court Proceedings

Article 56. The Witness

1. Seen as a witness shall be the person who may be aware of certain circumstances of importance to the investigation and to the resolution of a criminal case, and who is summoned for giving evidence;

2. The summons and the interrogation of witnesses shall be performed in accordance with the procedure, laid down by Articles 187-191 of the present Code.

3. Not subject to an interrogation as witnesses shall be:

1) a judge and the juror - about circumstances of the case, which have become known to them in connection with their participation in the procedure on the given criminal case;

2) a lawyer, the counsel for the defence of the suspect and of the accused - about the circumstances, which have become known to him in connection with applying to him/her for legal aid or in connection with rendering it;

3) a lawyer - about the circumstances, which have become known to him in connection with rendering legal advice;

4) a priest - about the circumstances, which he has learned from the confession;

5) a member of the Federation Council, a Deputy of the State Duma without their consent - about the circumstances, which have become known to them in connection with their discharge of their powers.

4. A witness shall have the right:

1) to refuse to testify against himself, his (her) spouse and other close relatives, whose circle is delineated by Item 4 of Article 5 of the present Code. If the witness consents to furnish evidence, he shall be warned that his testimony may be used as the proof in the criminal case, even if he subsequently renounces them;

2) to give evidence in his native tongue or in the language, of which he has a good command;

3) to make use of an interpreter's services free of charge;

4) to enter a recusation against the interpreter, taking part in his interrogation;

5) to enter petitions and file complaints against the actions (the lack of action) and decisions of the inquirer, the investigator and the prosecutor, or of the court;

6) to come to an interrogation with a lawyer, in conformity with the fifth part of Article 189 of the present Code;

7) to make a request for the application of the measures of security, stipulated by the third part of Article 11 of the present Code.

5. The witness cannot be forcibly subjected to the court examination or to a personal examination, with the exception of the cases, stipulated by the first part of Article 179 of the present Code.

6. The witness shall have no right:

1) to evade the attendance at the summons of the inquirer, the investigator or the prosecutor, or the appearance, upon summons, to the court;

2) to give deliberately false evidence or to refuse to give evidence;

3) to disclose the data of the preliminary investigation, which he has learned in connection with his participation in the proceedings on the criminal case, if he was warned to this effect in advance in accordance with the order, established by Article 161 of the present Code. the Criminal Code of the Russian Federation.

7. If he fails to appear upon summons without serious reasons, the witness may be brought along under coercion.

8. For giving a deliberately false evidence or for the refusal to give evidence, the witness shall be held responsible in accordance with 308 of the Criminal Code of the Russian Federation.

9. For the divulgence of the data of the preliminary investigation, the witness shall be held liable in conformity with Article 310 of the Criminal Code of the Russian Federation.

Article 57. The Expert

1. Seen as an expert shall be the person, possessing special knowledge and appointed, in accordance with the procedure established by the present Code, for carrying out the court examination and for issuing the conclusion.

2. The summons of an expert, the appointment and the performance of the court examination shall be carried out in accordance with the procedure, laid down by Articles 195-207, 269, 282 and 283 of the present Code.

3. The expert shall have the right:

1) to get acquainted with the materials of the criminal case, referred to the object of the court examination;

2) to request to supply him with additional materials, necessary for the issue of the conclusion, or to invite other experts for carrying out the court examination;

3) to take part in the procedural actions with the permission of the inquirer, the investigator, the prosecutor and the court, and to ask the questions concerning the object of the court examination;

4) to issue a conclusion within the scope of his competence, including on the issues, relevant to the object of the expert study, even though they were not raised in the ruling on the appointment of the court examination;

5) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, the investigator and the prosecutor, and of the court, restricting his rights;

6) to refuse to submit a conclusion on a issues outside the limits of special knowledge as well as in the cases when the materials supplied to him, are insufficient for giving out the conclusion. The refusal to submit a conclusion has to be declared by an expert in writing stating the reasons for the refusal.

4. The expert shall have no right:

1) to conduct talks with the participants in the criminal court proceedings on the issues, involved in carrying out the court examination without the investigator and the court knowing about this;

2) to collect on his own materials for an expert study;

3) to conduct without the permission of the inquirer, the investigator or the court the studies, which may lead to the full or a partial destruction of the objects, or to a change of their external appearance or basic properties;

4) to issue a deliberately false conclusion;

5) to divulge the data of the preliminary investigation, which have become known to him in connection with the participation in the criminal case in the capacity of an expert, if he was warned to this effect in advance in accordance with the procedure, established by Article 161 of the present Code;

6) to evade to appear, when summoned by an inquirer, investigator, prosecutor or by court.

5. The expert shall be held responsible for presenting a deliberately false conclusion in conformity with Article 307 of the Criminal Code of the Russian Federation.

6. The expert shall be held liable for the divulgence of data of the preliminary investigation in conformity with Article 310 of the Criminal Code of the Russian Federation.

Article 58. The Specialist

1. Seen as the specialist shall be the person possessing special knowledge and invited to take part in the procedural actions in the order, established by the present Code, for rendering assistance in the exposure, confirmation and seizure of objects and the documents, and in the application of technical devices in the study of the criminal case materials, for formulating questions to be put to the expert and also for an explanation to the parties and to the court of issues embraced by his professional competence.

2. The summons of a specialist and the procedure for his participation in the criminal court proceedings are defined in Articles 168 and 270 of the present Code.

3. The specialist shall have the right:

1) to refuse to take part in the procedure on the criminal case, if he does not possess the corresponding special knowledge;

2) to put questions to the participants in the investigative action with the permission of the inquirer, the investigator or the prosecutor, or the court;

3) to get acquainted with the record of the investigative action, in which he has taken part, and to make statements and comments that shall be entered into the record;

4) to lodge complaints against the actions (lack of action) and decisions of the inquirer, the investigator or the prosecutor, or the court, restricting his rights.

4. The specialist shall have no right to evade to appear when summoned by an inquirer, investigator, prosecutor or by the court, as well as to divulge data of the preliminary investigation, of which he has learned in connection with participation in the procedure on the criminal case as a specialist, if he was warned to this effect in advance in accordance with the procedure, laid down by Article 161 of the present Code. The specialist shall be held liable for the divulgence of the data of the preliminary investigation in conformity with Article 310 of the Criminal Code of the Russian Federation.

Article 59. The Interpreter

1. Seen as the interpreter shall be a person invited to take part in the criminal court proceedings in cases envisaged by the present Code, who has a perfect command of the language, the knowledge of which is indispensable for making the translation.

2. On the appointment of a person as an interpreter, the inquirer, the investigator, the prosecutor or the judge shall pass a resolution, and the court - a ruling. The summons of the interpreter and the procedure for his taking part in the criminal court proceedings are defined by Articles 169 and 263 of the present Code.

3. The interpreter shall have the right:

1) to put questions to the participants in the criminal court proceedings for making the translation more accurate;

2) to get acquainted with the record of the investigative action, in which he has taken part, as well as with the record of the court session, and to comment on the correctness of the recording of the translation, which shall be entered into the protocol;

3) to file complaints against the action (the lack of action) and decisions of the inquirer, the investigator, the prosecutor and the court, restricting his rights.

4. The interpreter shall have no right:

1) to make a deliberately incorrect translation;

2) to divulge the data of the preliminary investigation, which have become known to him in connection with his participation in the procedure on the criminal case in the capacity of an interpreter, if he was warned to this effect in advance in the order established by Article 161 of thepresent Code;

3) to evade to appear when summoned by an inquirer, investigator, prosecutor or by court.

5. For a deliberately incorrect translation and for the divulgence of data of the preliminary investigation, the interpreter shall be held liable in conformity with Articles 307 and 310 of the Criminal Code of the Russian Federation.

6. The rules formulated in the given Article, shall also be spread to a person, who has mastered the skill of interpreting the language of the deaf-and-dumb and who has been invited to participate in the proceedings on the criminal case.

Article 60. An Attesting Witness

1. Seen as an attesting witness or the witness of an investigative action, shall be the person, not interested in the outcome of the criminal case, who is invited by the inquirer, the investigator or the prosecutor to certify the fact of an investigative action having been conducted, as well as the content, the process and the results of an investigative action.

2. Cannot be acting as attesting witnesses:

1) minors;

2) the participants in the criminal court proceedings, their close relatives and relations;

3) workers of the executive power bodies, endowed in conformity with the federal law with the powers, involved in the performance of the operational-search activity and/or of the preliminary investigation.

3. An attesting witness shall have the right:

1) to take part in an investigative action and to make statements and comments on the investigative action, which shall be entered into the record;

2) to get acquainted with the record of the investigative action, in whose performance he has taken part;

3) to file complaints against the actions (the lack of action) and decisions of the inquirer, the investigator and the prosecutor, restricting his rights.

4. An attesting witness shall have no right to evade to appear, when summoned by an inquirer, investigator, prosecutor or by a court, as well as to divulge the data of the preliminary investigation, if he was warned to this effect in advance in accordance with the procedure, laid down by Article 161 of the present Code. An attesting witness shall be liability for the divulgence of the data of the preliminary investigation in conformity with Article 310 of the Criminal Code of the Russian Federation.

Chapter 9. Circumstances, Precluding the Participation in Criminal Court Proceedings

Article 61. Circumstances, Precluding the Participation in Proceedings in a Criminal Case

1. The judge, prosecutor, investigator and the inquirer cannot take part in the proceedings in a criminal case, if he:

1) is the victim, civil claimant, civil defendant or witness in the given criminal case;

2) has participated as a juror, expert, specialist, interpreter, attesting witness, secretary of the court session, counsel for the defence or legal representative of the suspect or of the accused, representative of the victim, of the civil claimant or of the civil defendant, and as concerns the judge - also as the inquirer, investigator or prosecutor in the proceedings in the given criminal case;

3) is a close relative or a relation of any one of the participants in the proceedings in the given criminal case.

2. The persons, pointed out in the first part of the present Article, cannot take part in the proceedings on the criminal case also if there exist the other circumstances, giving a ground to believe that they are personally, whether directly or indirectly, interested in the outcome of the given criminal case.

Article 62. Inadmissibility of the Participation in the Proceedings in the Criminal Case of the Persons Subject to Recusation

1. If there are grounds for the recusation, envisaged by the present Chapter, the judge, prosecutor, investigator, inquirer, secretary of the court session, interpreter, expert, specialist, counsel for the defence, as well as the representatives of the victim, of the civil claimant or of the civil defendant shall be obliged to evade the participation in the proceedings in the criminal case.

2. If the persons, pointed out in the first part of the present Article, have not evaded the participation in the proceedings in the criminal case, the recusation against them may be entered by the suspect and the accused, by his legal representative or by his counsel for the defence, as well as by the public prosecutor, the victim, the civil claimant, the civil defendant or their representatives.

Article 63. Inadmissibility of the Judge's Repeated Participation in Consideration of a Criminal Case

1. The judge, who has taken part in the consideration of the criminal case in the first instance court, cannot take part in the examination of the given criminal case in the court of the second instance or by way of supervision, or to take part in the new consideration of the criminal case in the court of the first or second instance or by way of supervision, if the sentence or the ruling or the decision on the termination of the criminal case, passed with his participation, has been cancelled.

2. The judge, who has taken part in the examination of the criminal case in the court of the second instance, cannot participate in the consideration of this criminal case in the court of the first instance or by way of supervision, or in the new consideration of the same case in the court of the second instance after the cancellation of the sentence, of the ruling or of the decision, passed with his participation.

3. The judge, who has taken part in the examination of a criminal case by way of supervision, cannot take part in the examination of the same criminal case in the court of the first or of the second instance.

Article 64. Application of a Recusation Against the Judge

1. If there exist the circumstances, envisaged by Articles 61 and 63 of the present Code, against the judge may be filed a recusation by the participants in the criminal court proceedings.

2. A recusation against the judge shall be filed before the start of the judicial investigation, and if the criminal court is examining the criminal case with the participation of jurors - before the college of jurors is formed. In the course of the further court session, an application of the recusation shall be admissible only if the reason for it was not previously known to the party.

Article 65. Procedure for the Consideration of an Application of Recusation Against the Judge

1. The recusation, filed against the judge, shall be resolved by the court in the retiring room by passing a ruling or a resolution.

2. The recusation, filed against the judge, shall be resolved by the rest of the judges, if the criminal case is considered by the court collectively, in the absence of the judge, against whom the recusation is filed. The judge, against whom the recusation is filed, shall have the right to publicly make an explanation concerning the recusation filed against him, before the rest of the judges depart to the retiring room.

3. The recusation filed against several judges or the challenge to the constitution of the court as a whole shall be resolved by the same court in the full composition by way of the majority vote.

4. The recusation filed against the judge examining the criminal case on his own, or the petition of the application of the measure of restriction or of the performance of investigative actions, or the complaint against the resolution on the refusal to institute a criminal case or to terminate it, shall be resolved by the same judge.

5. If the application for the disqualification of the judge, of several judges or of the constitution of the court as a whole is satisfied, the criminal case, the application or the complaint shall be handed over