1. The decision to initiate a criminal case against the person specified in part one of Article 447 of this Code, or to bring him in as an accused, if the criminal case was initiated against other persons or upon the commission of an act containing signs of a crime, is made: 1 ) in relation to a member of the Federation Council and a deputy of the State Duma - by the Chairman of the Investigative Committee of the Russian Federation with the consent of the Federation Council and the State Duma, respectively, obtained on the basis of a proposal from the Prosecutor General of the Russian Federation; 2) in relation to the Prosecutor General of the Russian Federation - by the Chairman of the Investigative Committee of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation, adopted on the proposal of the President of the Russian Federation, on the presence of signs of a crime in the actions of the Prosecutor General of the Russian Federation; 2.1) in relation to the Chairman of the Investigative Committee of the Russian Federation - as the acting Chairman of the Investigative Committee of the Russian Federation on the basis of the conclusion of a panel consisting of three judges of the Supreme Court of the Russian Federation, adopted on the proposal of the President of the Russian Federation, on the presence of signs of a crime in the actions of the Chairman of the Investigative Committee of the Russian Federation; 3) in relation to a judge of the Constitutional Court of the Russian Federation - by the Chairman of the Investigative Committee of the Russian Federation with the consent of the Constitutional Court of the Russian Federation; 4) in relation to a judge of the Supreme Court of the Russian Federation, the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district, a federal arbitration court, a military court - by the Chairman of the Investigative Committee of the Russian Federation with the consent of the Higher Qualification Board of Judges Russian Federation; 5) in relation to other judges - by the Chairman of the Investigative Committee of the Russian Federation with the consent of the relevant qualification board of judges; 6) in relation to the Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation - by the Chairman of the Investigative Committee of the Russian Federation; 7) in relation to the Commissioner for Human Rights in the Russian Federation - the Chairman of the Investigative Committee of the Russian Federation; in relation to the President of the Russian Federation, who has ceased to exercise his powers, as well as the candidate for President of the Russian Federation - Chairman of the Investigative Committee of the Russian Federation; 9) in relation to a deputy of the legislative (representative) body of state power of a constituent entity of the Russian Federation - the head of the investigative body of the Investigative Committee of the Russian Federation for the constituent entity of the Russian Federation; 10) in relation to the prosecutor of the district, city, prosecutors equivalent to them, the head and investigator of the investigative body for the district, city, as well as the lawyer - by the head of the investigative body of the Investigative Committee of the Russian Federation for the constituent entity of the Russian Federation; in relation to higher prosecutors, managers and investigators of higher investigative bodies - by the Chairman of the Investigative Committee of the Russian Federation or his deputy; 11) in relation to a deputy, a member of an elected local government body, an elected official of a local government body - the head of the investigative body of the Investigative Committee of the Russian Federation for a constituent entity of the Russian Federation; 12) in relation to a voting member of an election commission, a referendum commission - by the head of the investigative body of the Investigative Committee of the Russian Federation for a constituent entity of the Russian Federation, and in relation to a voting member of the Central Election Commission of the Russian Federation, the chairman of the election commission of a subject of the Russian Federation - by the Chairman of the Investigative Committee Committee of the Russian Federation; 13) in relation to a registered candidate for deputy of the State Duma - in accordance with Articles 146 and 171 of this Code with the consent of the Chairman of the Investigative Committee of the Russian Federation, effective from January 15, 2011 by Federal Law of December 28, 2010 N 404-FZ; 14) in relation to a registered candidate for deputy of a legislative (representative) body of state power of a constituent entity of the Russian Federation - in accordance with Articles 146 and 171 of this Code with the consent of the head of the investigative body of the Investigative Committee of the Russian Federation for the constituent entity of the Russian Federation.
2. The presentation of the President of the Russian Federation on the presence of signs of a crime in the actions of the Prosecutor General of the Russian Federation or the Chairman of the Investigative Committee of the Russian Federation is considered in a closed court session within ten days after the receipt of the corresponding presentation to the court with the participation of the Prosecutor General of the Russian Federation or the Chairman of the Investigative Committee of the Russian Federation and ( or) their lawyers based on the materials submitted to the court. 3. Based on the results of consideration of the presentation of the President of the Russian Federation, the court issues a conclusion on the presence or absence of signs of a crime in the person’s actions.
4. When considering the issue of giving consent to initiate a criminal case against a member of the Federation Council or a deputy of the State Duma or to involve him as an accused, if a criminal case has been initiated against other persons or upon the commission of an act containing elements of a crime, the Federation Council or The State Duma, accordingly, having established that the performance of these procedural actions is due to the opinion expressed by him or the position expressed by him when voting in the Federation Council or the State Duma, respectively, or is connected with his other legal actions corresponding to the status of a member of the Federation Council and the status of a deputy of the State Duma, refuses to grant consent to deprive a given person of immunity. Such a refusal is a circumstance that excludes criminal proceedings against a given member of the Federation Council or deputy of the State Duma.
5. The decision of the Constitutional Court of the Russian Federation, as well as the corresponding qualification board of judges to give or refuse to give consent to initiate a criminal case against a judge or to involve him as an accused must be motivated. This decision is made no later than 10 days from the date the court receives the presentation of the Chairman of the Investigative Committee of the Russian Federation.
6. Part lost force on January 10, 2009 - Federal Law of December 25, 2008 N 280-FZ.
7. If a criminal case is initiated against the President of the Russian Federation who has ceased to exercise his powers, the Chairman of the Investigative Committee of the Russian Federation, within 3 days, sends to the State Duma of the Federal Assembly of the Russian Federation a proposal to deprive the said person of immunity. If the State Duma makes a decision to give consent to the deprivation of immunity of the President of the Russian Federation who has ceased to exercise his powers, the said decision, together with the presentation of the Chairman of the Investigative Committee of the Russian Federation, is sent to the Federation Council of the Federal Assembly of the Russian Federation within 3 days. The decision of the Federation Council to revoke the immunity of the President of the Russian Federation who has ceased to exercise his powers is made no later than 3 months from the date of the adoption of the corresponding resolution of the State Duma of the Federal Assembly of the Russian Federation, of which the Chairman of the Investigative Committee of the Russian Federation is notified within 3 days. The decision of the State Duma to refuse to give consent to the deprivation of immunity of the President of the Russian Federation who has ceased to exercise his powers, or the decision of the Federation Council to refuse to deprive the immunity of the specified person entails the termination of criminal prosecution in accordance with paragraph 6 of part one of Article 27 of this Code.
8. It is not allowed to initiate a criminal case against a judge on the grounds of a crime provided for in Article 305 of the Criminal Code of the Russian Federation, if the relevant judicial act issued by this judge or with his participation has entered into legal force and has not been canceled in the manner established by procedural law. as unjust.
Commentary on Article 58 of the Code of Criminal Procedure of the Russian Federation
1. During criminal proceedings, bodies and officials need to use not only legal, but also other special knowledge. Since they are not carriers of such knowledge, the legislator has provided for the possibility of inviting specialists to participate in criminal cases, i.e. individuals who have special knowledge due to their professionalism.
2. The definition of a specialist, contained in Part 1 of the commented article, contains three groups of criteria that he must meet: 1) possession of special knowledge; 2) actual involvement of a person in proceedings in a specific criminal case; 3) the focus of this person’s activities on achieving certain goals.
3. Since the range of special knowledge that a specialist may have is very wide (not only scientific, but also other knowledge), it seems that a specialist should not be required to have a higher education as a mandatory requirement.
4. Unlike the procedure for involving an expert, a ruling is not required to invite a specialist. He is summoned by summons or by means of communication, and the fact of his participation is recorded in the relevant document. If a specialist gives advice to representatives of the defense, this is not formalized procedurally.
5. Among the goals that are achieved as a result of the participation of a specialist, the commented article includes the following: 1) assistance in the detection and seizure of objects and documents; 2) assistance in the use of technical means in the study of criminal case materials; 3) asking questions to the expert; 4) clarification to the parties and the court of issues within the professional competence of the specialist.
6. Assistance in the discovery and seizure of objects and documents means that a specialist takes part in investigative actions, the main purpose of which is the collection of material evidence (for example, inspection of the scene of an incident, search, seizure). At the same time, the specialist, using technical means, detects the places where the desired objects and documents are located, records the situation, and also removes them, preventing the destruction of traces and other individual characteristics.
7. To pose questions to the expert, a specialist may be invited by both the prosecution and the defense. On the prosecution side, a specialist can be invited to ask questions by the investigator or interrogating officer; on the defense side, the suspect, the accused and his defense attorney can invite them. The prosecution side uses the help of a specialist in formulating questions that are posed to the expert (clause 3, part 1, article 195), and the defense side - when filing a petition to include additional questions for the expert in the resolution ordering a forensic examination (clause 4, part 1 Article 198 of the Code of Criminal Procedure of the Russian Federation). In addition, since the victim, civil plaintiff, private prosecutor, representative of the victim, private plaintiff and private prosecutor, suspect, accused, legal representative of the suspect and accused, defense lawyer, civil defendant, representative of the defendant have the right to file petitions for investigative actions, including appointment and conduct of a forensic examination, then when formulating questions to an expert in a petition, they can also take advantage of the help of a specialist.
8. Explanation to the parties and the court of issues within the professional competence of a specialist is possible at all stages of criminal proceedings. Such clarifications are formalized by the conclusion of a specialist and his testimony. Expert opinion in accordance with Part 3 of Art. 80 of the Code of Criminal Procedure of the Russian Federation - a judgment presented in writing on the issues posed to the specialist by the parties, and the testimony of the specialist by virtue of Part 4 of the same article - information he provided during interrogation about circumstances requiring special knowledge, as well as an explanation of his opinion in accordance with the requirements Art. 53, 168 and 271 of the Code of Criminal Procedure of the Russian Federation.
9. From the content of part 2 of the commented article it follows that the specialist participates in both pre-trial and judicial proceedings. Since in accordance with Part 1 of Art. 144 of the Code of Criminal Procedure of the Russian Federation, at the stage of initiating a criminal case, a number of investigative and other procedural actions are also carried out; a specialist can also take part in activities at this initial stage.
10. The procedural form in which a specialist explains issues within his professional competence is the specialist’s conclusion, as well as his testimony (clause 3.1, part 2, article 74, parts 3, 4, article 80 of the Code of Criminal Procedure of the Russian Federation).
11. If a specific specialist is subject to recusal in accordance with Art. 71 of the Code of Criminal Procedure of the Russian Federation, then the defense has the right to file a petition to involve another specialist in the criminal proceedings, and this petition is subject to mandatory satisfaction.
12. Part 3 of the commented article establishes specific rights included in the content of the status of a specialist. All rights are associated with the participation of a specialist in investigative actions and are determined by the purpose for which he was invited.
13. A person, in accordance with clause 1, part 3 of the commented article, has the right to independently assess his suitability to participate as a specialist, and if he is convinced of the inadequacy of his qualifications, refuse to acquire this status. The investigator, the inquiry officer, the head of the investigative body and the court, if a person refuses to participate as a specialist, does not have the right to bring him in.
14. From the content of paragraph 2, part 3 of the commented article, it follows that during an investigative action, with the permission of a criminal justice official, a specialist has the right to ask questions to any participants, including the official himself.
15. Familiarization of a specialist with the protocols of investigative actions (clause 3, part 3 of the commented article) occurs according to the same rules as familiarization of other persons who took part in them. Statements and comments may relate to cases where the specialist was not given the opportunity to ask questions or where his rights were otherwise violated.
16. Complaints of a specialist against the actions (inaction) of bodies and officials of criminal proceedings are filed, considered and resolved in the manner established by Chapter. 16 of the Code of Criminal Procedure of the Russian Federation.
17. If the specialist’s activities involve a break from his main job, then his assistance is paid for from the state budget, and then is included in the procedural costs. The exception is cases when a specialist performed his duties as part of an official assignment, since in this case his assistance is not paid, but he retains the average earnings at his place of work (clause 4, part 2, article 131 of the Code of Criminal Procedure of the Russian Federation).
18. Part 4 of the commented article establishes the duties of a specialist (not to evade appearing when summoned, not to disclose preliminary investigation data if he was warned about this in advance in the manner established by Article 161 of the Code of Criminal Procedure of the Russian Federation).
19. Although a specialist has the right to refuse to participate in criminal proceedings if he believes that he does not have the appropriate special knowledge (clause 1, part 3 of the commented article), he is still obliged to appear when called and explain the reasons for the impossibility of his participation in process. In addition, a specialist may be called to re-receive information previously provided by him (for example, at subsequent stages of criminal proceedings). At the same time, in case of failure to appear, the specialist will be taken to court in accordance with Art. 113 of the Code of Criminal Procedure of the Russian Federation is not subject to it, but a monetary penalty may be imposed on him (Articles 117–118 of the Code).
Everything about criminal cases
Go to the text of the Code of Criminal Procedure
Url Additional information:
— Part 1 30 Code of Criminal Procedure
formation of the court composition for a specific case
— Part 1 30 Code of Criminal Procedure
the formation of the court composition should exclude the influence
Composition of the court of first instance
— Clause 1 Part 2 30 Code of Criminal Procedure
cases heard by a single federal judge
— Clause 3 Part 2 30 Code of Criminal Procedure
cases heard by 3 federal judges
— Clause 4 Part 2 30 Code of Criminal Procedure
cases heard by a magistrate
Jury trial
— Clause 2 Part 2 30 Code of Criminal Procedure
regional judge and 8 jurors
— clause 2.1 part 2 30 Code of Criminal Procedure
district judge and 6 jurors
Composition of the court of second instance
On the verdict of the magistrate
— Clause 1 Part 3 30 Code of Criminal Procedure
on the verdict of the magistrate court 1 federal judge
On the verdict of the district court
— Clause 2 Part 3 30 Code of Criminal Procedure
regional level courts usually have 3 judges
— Clause 2 Part 3 30 Code of Criminal Procedure
cases of medium gravity and intermediate 1 judge
On the verdict of the regional court
— Clause 3 Part 3 30 Code of Criminal Procedure
a court of appeal of general jurisdiction usually has 3 judges
— Clause 3 Part 3 30 Code of Criminal Procedure
for intermediate 1 judge
Composition of the court of third instance
District Court of Cassation
— Clause 1 Part 4 30 Code of Criminal Procedure
composition of the court in the cassation court of general jurisdiction - 3 judges
— Clause 1 Part 4 30 Code of Criminal Procedure
cases of medium gravity and intermediate 1 judge
Supreme Court
— Clause 2 Part 4 30 Code of Criminal Procedure
composition of the court in cassation at the Supreme Court level - 3 judges
Composition of the supervisory court
— Part 4.1 30 Code of Criminal Procedure
composition of the court in supervision, majority of members of the Presidium of the Supreme Court
Presiding
- Part 5 30 Code of Criminal Procedure
when the court consists of 3 judges, one is the presiding judge
Magistrates' courts for military personnel
— Part 6 30 Code of Criminal Procedure
for the military, instead of a justice of the peace, 1 judge of the garrison court
Additional Information
— part 1 47
Constitutional right to a lawful composition of the court
- clause 2, part 2 389.17 Code of Criminal Procedure
illegal composition of the court, grounds for cancellation on appeal
Consistency of composition
Consistency of composition
court, violation entails cancellation of the court decision
Article 30 of the Code of Criminal Procedure. Composition of the court
1) Consideration of criminal cases is carried out by the court collectively or by a single judge.
The composition of the court for the consideration of each criminal case is formed taking into account the workload and specialization of judges through the use of an automated information system. If it is impossible to use an automated information system in court, it is allowed to form the composition of the court in a different manner, excluding influence on its formation by persons interested in the outcome of the trial.
2) The court
of first instance considers criminal cases in the following composition:
1).
a judge of a federal court of general jurisdiction hears criminal cases of all crimes, with the exception of criminal cases specified in paragraphs 2 - paragraph 4 of this article;
Url Additional information:
— Part 2 47
Constitutional right to trial by jury
— P.
Plenum No. 23 two opportunities to apply for a jury trial
2).
a judge of the supreme court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court and a panel of 8 jurors, at the request of the accused, considers:
- criminal cases of crimes specified in
paragraph 1 Part 3 31 of the Code of Criminal Procedure ,
with the exception of criminal cases of crimes provided for in
articles Part 5 131 , Part 5 132 , Part 6 134 , Part 1 212 , 275 , 276 , 278 , 279 , 280.2 of the Criminal Code , 281 of the Criminal Code.
2.1) a judge of a district court, a garrison military court and a panel of 6 jurors - at the request of the accused:
- criminal cases of crimes provided for in articles:
Part 2 105, Part 5 228.1, Part 4 229.1, 277, 295, 317 and 357 of the Criminal Code, according to which life imprisonment or the death penalty cannot be imposed as the most severe type of punishment in accordance with the provisions of Part 4 66 Criminal Code and Part 4 78 Criminal Code,
- criminal cases of crimes provided for in articles:
Part 1 105 and Part 1 111 of the Criminal Code,
- with the exception of criminal cases involving crimes committed by persons under the age of 18;
3). a panel of 3 judges of a federal court of general jurisdiction considers criminal cases of crimes under articles:
— 205, 205.1, 205.2, 205.3
,
205.4
,
205.5, 206, part 4 211, part 1 212 , 275 , 276 , 278 , 279 , 280.2, part 2 - part 3 281 of the Criminal Code;
- and other criminal cases within the jurisdiction of the Far Eastern District Military Court, the Moscow District Military Court, the North Caucasus District Military Court and the
Volga District Military Court in accordance with paragraph 2 - paragraph 4 of part 6.1 31 of the Code of Criminal Procedure;
- and if there is a request from the accused, submitted
before the appointment of a court hearing in accordance with 231 of the Code of Criminal Procedure, considers criminal cases of crimes provided for in articles:
- part 2 105, part 3 126, part 3 - part 5 131, part 3
- part 5 132 , part 4 - part 6 134 , 208, 209, part 1, part 1.1, part 3 and part 4 210 of the Criminal Code, part 1 - part 3 211, 227 , part 5 228.1, part 4 229.1, 277, part 1 281, 295, 317, 353 - 358, part 1 - part 2 359, 360 of the Criminal Code;
4).
The magistrate considers criminal cases within his jurisdiction in accordance with Part 1 31 of the Code of Criminal Procedure.
3) Consideration of criminal cases on
appeal is carried out:
1).
in the district court by a judge of the district court alone;
Url Additional information:
- P.11
Plenum No. 26 composition of the court in the appeal
2) in the supreme court of the republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court - a court consisting of 3 judges,
with the exception of:
— criminal cases of crimes
of minor and medium gravity;
- as well as criminal cases with appeals, submissions against interim decisions of a district court, garrison military court, which are considered by a judge of the supreme court of the republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military judges alone;
3) in a court of appeal of general jurisdiction, a military court of appeal - by a court consisting of 3 judges;
- with the exception of criminal cases with appeals, submissions against interim decisions of the supreme court of a republic, a regional or regional court, a federal city court, an autonomous region court, an autonomous district court, a district (naval) military court, which are considered by a judge of a general jurisdiction court of appeal, the military court of appeal alone.
4) Consideration of criminal cases in cassation procedure
is carried out:
1).
judicial panel for criminal cases of the cassation court of general jurisdiction - consisting of 3 judges;
- military court of cassation - composed of 3 judges;
with the exception of:
— criminal cases of crimes of minor and medium gravity;
- as well as criminal cases with cassation appeals, submissions against interim decisions of a magistrate, district court, garrison military court, supreme court of the republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military courts that are considered by a judge of a cassation court of general jurisdiction, a cassation military court alone
;
2). Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation consisting of 3 judges.
4.1) Consideration of criminal cases by
way of supervision is carried out by the majority of members of the Presidium of the Supreme Court of the Russian Federation.
5) When considering a criminal case by a court consisting of 3 judges
of a federal court of general jurisdiction, one of them presides over the court session.
6) Criminal cases
within the jurisdiction of a magistrate, committed by persons specified in Part 5 31 of the Code of Criminal Procedure, are considered by judges of garrison military courts individually in the manner established by Chapter 41 of the Code of Criminal Procedure.
In these cases, the verdict and decision can be
appealed.
Return to the text of the Code of Criminal Procedure
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The Supreme Court reproached the Sixth Cassation for ignorance of the basic norms of the Code of Criminal Procedure
Sixth Court of Cassation of General Jurisdiction. Photo: 6kas.sudrf.ru The cassation court in its decision is obliged to list the arguments of all persons who filed complaints against the verdict. Their absence is a significant violation of the law and entails the cancellation of the determination, the Supreme Court of the Russian Federation indicated.
Evgeniy Syrovatko filed a complaint against the verdict. In November 2019, the Gai City Court of the Orenburg Region sentenced him to 9 years in a maximum security colony and a fine of 14 million rubles for providing services that did not meet safety requirements and resulted in the death of three people (Part 3 of Article 238 of the Criminal Code), and for giving a bribe in on a large scale (Part 4 of Article 291 of the Criminal Code of the Russian Federation).
In February 2022, the appellate court changed the verdict, recognizing Syrovatko’s provision of charitable assistance as a mitigating circumstance. The term was reduced to 6 years, and the fine to 7 million rubles.
Then the convict and his lawyers filed a new complaint, which was to be considered by the Sixth Cassation Division (Samara). They stated that the court unreasonably rejected the defense's arguments, that the death of the victims from exposure to carbon monoxide was not proven as a result of their visit to a sauna with allegedly faulty gas equipment, as well as other causes of death and the involvement of other persons.
The authors of the complaints claimed that the money transferred to the investigator was intended to compensate for the harm to the victims and only as a result of his machinations became the alleged subject of a bribe. But the court allegedly did not refute these arguments of the defense.
As a result, the cassation office rejected the complaint. But, according to the lawyers, the court left the arguments of Syrovatko’s own complaint without evaluating them, did not reflect them in the ruling, did not provide the content and did not make any decision on them. The RF Supreme Court declared the illegality of such a decision.
“According to clause 6, part 3, art. 389.28 of the Code of Criminal Procedure of the Russian Federation, in the appeal ruling, in addition to other necessary data, a brief summary of the arguments of the person who filed the appeal or presentation, as well as the objections of other persons who participated in the hearing of the appellate court, the reasons for the decision, the decision of the appellate court on appeals or presentation,” the Supreme Court recalled.
Thus, the ruling of the cassation court must necessarily indicate the arguments of the cassation complaints of all persons who filed them, reasoned responses to them and the court’s decision on all complaints. But the Sixth Court of Cassation simply “forgot” about the defendant’s complaints. The record of the court hearing contains only the arguments of the prosecutor, from which it follows that the prosecution assessed the arguments of Syrovatko’s complaint. Such a decision cannot be considered legal, the Supreme Court pointed out.
“The absence in the ruling of the cassation court of the arguments of the cassation appeal of one of the persons who filed it, the lack of assessment of the arguments and the decision on the complaint is a significant violation of the above requirements of the criminal procedure law, influenced the legality of the ruling, and therefore, it is subject to cancellation, and the case - referral for a new cassation hearing to the same court with a different composition,” the decision says.
The case was sent for a new trial.
Earlier, the Chairman of the Supreme Court of the Russian Federation, Vyacheslav Lebedev, stated that the number of satisfied complaints in the country was increasing due to the introduction of the institution of complete cassation. According to him, “the full cassation procedure allows for effective identification of judicial errors, according to which complaints in court are considered with the invitation of the parties.”
Composition of the court - Article 30 of the Code of Criminal Procedure of the Russian Federation (as amended on December 27, 2019, as amended on January 30, 2020)
1. Consideration of criminal cases is carried out by the court collectively or by a single judge. The composition of the court for the consideration of each criminal case is formed taking into account the workload and specialization of judges through the use of an automated information system. If it is impossible to use an automated information system in court, it is allowed to form the composition of the court in a different manner, excluding influence on its formation by persons interested in the outcome of the trial. (Part 1 as amended by Federal Law dated July 29, 2018 N 228-FZ)
2. The court of first instance considers criminal cases in the following composition:
1) judge of a federal court of general jurisdiction - criminal cases of all crimes, with the exception of criminal cases specified in paragraphs 2 - 4 of this part; (Clause 1 as amended by Federal Law No. 58-FZ dated 29.05.2002)
ConsultantPlus: note. On identifying the constitutional and legal meaning of clause 2, part 2, art. 30 cm. Resolution of the Constitutional Court of the Russian Federation of April 19, 2010 N 8-P.
2) a judge of the supreme court of the republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court and a panel of eight jurors - at the request of the accused, criminal cases for the crimes specified in paragraph 1 part three of article 31 of this Code, with the exception of criminal cases of crimes provided for in articles 131 part five, 132 part five, 134 part six, 212 part one, 275, 276, 278, 279, 281 of the Criminal Code of the Russian Federation; (as amended by Federal Laws dated 03/08/2015 N 47-FZ, dated 06/23/2016 N 190-FZ)
ConsultantPlus: note. On identifying the constitutional and legal meaning of clause 2.1, part 2, art. 30 cm. Resolution of the Constitutional Court of the Russian Federation of May 22, 2019 N 20-P.
2.1) a judge of a district court, a garrison military court and a panel of six jurors - at the request of the accused, criminal cases of crimes provided for in Articles 105 part two, 228.1 part five, 229.1 part four, 277, 295, 317 and 357 of the Criminal Code of the Russian Federation , for which life imprisonment or the death penalty cannot be imposed as the most severe type of punishment in accordance with the provisions of part four of Article 66 and part four of Article 78 of the Criminal Code of the Russian Federation, criminal cases of crimes provided for in articles 105 part one and 111 part fourth of the Criminal Code of the Russian Federation, with the exception of criminal cases of crimes committed by persons under the age of eighteen; (clause 2.1 introduced by Federal Law dated December 29, 2017 N 467-FZ)
ConsultantPlus: note. On identifying the constitutional and legal meaning of clause 3, part 2, art. 30 cm. Resolution of the Constitutional Court of the Russian Federation of April 19, 2010 N 8-P.
3) a panel of three judges of a federal court of general jurisdiction - criminal cases of crimes provided for in articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 211 part four, 212 part one, 275, 276, 278, 279, 281 parts the second and third Criminal Code of the Russian Federation, and other criminal cases within the jurisdiction of the 1st Eastern District Military Court, the 2nd Western District Military Court, the Central District Military Court and the Southern District Military Court in accordance with paragraphs 2 - 4 of part six.1 Article 31 of this Code, and in the presence of a petition from the accused, filed before the appointment of a court hearing in accordance with Article 231 of this Code - criminal cases of crimes provided for in Articles 105 part two, 126 part three, 131 parts three - fifth, 132 parts three - fifth, 134 parts fourth - sixth, 208 parts first, 209, 210 parts first, first.1, third and fourth, 210.1, 211 parts first - third, 227, 228.1 parts fifth, 229.1 parts fourth, 277, 281 parts first, 295, 317, 353 - 358, 359 parts one and two, 360 of the Criminal Code of the Russian Federation; (as amended by Federal Laws dated 07/06/2016 N 375-FZ, dated 06/07/2017 N 115-FZ, dated 04/01/2019 N 46-FZ, dated 11/12/2018 N 413-FZ)
4) magistrate - criminal cases within his jurisdiction in accordance with part one of Article 31 of this Code.
3. Consideration of criminal cases on appeal is carried out:
1) in a district court - by a judge of the district court alone;
2) in higher courts - by a court composed of three judges of a federal court of general jurisdiction, with the exception of criminal cases of crimes of minor and medium gravity, as well as criminal cases with appeals, submissions against interim decisions of a district court, garrison military court, which are considered by a judge of the supreme court court of a republic, regional or regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court individually. (Part 3 as amended by Federal Law dated July 23, 2013 N 217-FZ)
4. Consideration of criminal cases in cassation procedure is carried out by the judicial collegium for criminal cases of the cassation court of general jurisdiction, the military court of cassation, the Judicial collegium for criminal cases of the Supreme Court of the Russian Federation and the Judicial collegium for military personnel of the Supreme Court of the Russian Federation, consisting of three judges, and in the order supervision - by a majority of members of the Presidium of the Supreme Court of the Russian Federation. (Part 4 as amended by Federal Law dated October 11, 2018 N 361-FZ)
5. When considering a criminal case by a court consisting of three judges of a federal court of general jurisdiction, one of them presides over the court session.
6. Criminal cases within the jurisdiction of a magistrate, committed by persons specified in part five of Article 31 of this Code, are considered by judges of garrison military courts individually in the manner established by Chapter 41 of this Code. In these cases, the verdict and decision can be appealed. (Part six was introduced by Federal Law No. 58-FZ of May 29, 2002, as amended by Federal Law No. 433-FZ of December 29, 2010)
What does Article 58 say?
The article in question consists of 4 parts:
- in the 1st the definition of the considered procedural status is given;
- in the 2nd section there are links to legislative norms regulating the procedure for attracting the specified subject to participate in the legal process;
- the 3rd lists the rights of the subject;
- The 4th contains a list of actions and inactions that may result in criminal liability.
The subject in question is an independent person in criminal proceedings. He has no right to support either side. The rights and responsibilities of a specialist in criminal proceedings allow him to fully fulfill the task assigned to him, and, if necessary, to defend himself.
Contents of Article 58 of the Code of Criminal Procedure
A specialist in criminal proceedings is a person who has deep knowledge in a certain area. It is involved in the legal process to perform certain actions in the manner established by the current Code of Criminal Procedure. A specialist is engaged to assist in the search for items that can act as evidence, the use of technical means in the study of materials related to the criminal case, the formation of questions that will be asked to the expert and the clarification of information from the area of his professional competence.
The calling and participation of a specialist in criminal proceedings is regulated by Articles 168 and 270 of this code. They contain information about the procedure for the participation of the subject in question in investigative actions and in court.
Any of the parties can apply to involve a specialist in criminal proceedings. The defense cannot refuse this request. The exception is the cases provided for in Art. 71 Code of Criminal Procedure.
The subject in question has the right:
- refuse to participate in criminal proceedings, citing lack of knowledge in a particular area;
- ask questions to any participant in investigative actions with the permission of the court, investigator or interrogator;
- study the protocols of the investigative actions in which he took part and make comments to be documented;
- file complaints against the actions or inaction of officials that restrict his rights.
The specialist is not allowed to: evade appearing when summoned and disclose data obtained by him as a participant in activities carried out during the investigation. Disclosure may result in prosecution in accordance with the provisions of Art. 310 CC. Prosecution is possible if the subject was warned in advance about this in the manner specified in Art. 161 Code of Criminal Procedure.
Basic forms of using specialist help
From the definition of the term, we can draw a conclusion about the main forms of using specialist assistance in the legal process.
Participation of an interpreter in criminal proceedings under the Code of Criminal Procedure of the Russian Federation, Article 59
They are:
- participation in the implementation of investigative actions;
- the use of technical means in the study of materials relevant to a specific criminal case;
- formation of questions that will be asked to the expert;
- clarification of certain issues to the parties and the court.
Explaining certain issues to the parties to criminal proceedings and to the court can be done in two ways. The first is an oral form, otherwise interrogation according to the rules provided for the testimony of a witness. The second is a written opinion of a specialist in criminal proceedings. The procedure for giving an opinion is regulated by Part 3 of Art. 80. Code of Criminal Procedure.
Article 35 of the Code of Criminal Procedure of the Russian Federation. Change of territorial jurisdiction of a criminal case (current version)
1 of the commented article, and in one case (subparagraph “b”, paragraph 2, part 1) even the consent of all accused to change jurisdiction is required.
6. A change of jurisdiction on the grounds and in the manner provided for in the commented article is permissible only before the start of the court hearing, or more precisely, before the start of the trial.
7. A reasoned decision to change jurisdiction can be made not only by the chairman of a higher court, but also by his deputy.
8. It is necessary, however, to keep in mind a change in the procedure for allowing the chairman of a higher court or his deputy to change the territorial jurisdiction of a criminal case. According to the current version of Part 3 of the commented article, these subjects of criminal procedural relations are now considering this issue in court in accordance with the rules established by Parts 3, 4 and 6 of Art. 125 for consideration of complaints against the actions of investigative bodies (see comments to this article).
