New edition of Art. 82 Code of Criminal Procedure of the Russian Federation
1. Physical evidence must be kept in the criminal case until the verdict enters into legal force or until the expiration of the period for appealing the decision or ruling to terminate the criminal case and be transferred along with the criminal case, except for the cases provided for in this article. In the event that a dispute over the right to property, which is material evidence, is subject to resolution through civil proceedings, the material evidence is stored until the court decision comes into force.
2. Physical evidence in the form of:
1) items that, due to bulkiness or other reasons, cannot be stored in a criminal case, including large quantities of goods, the storage of which is difficult or the costs of providing special storage conditions for which are commensurate with their value:
a) are photographed or filmed, if possible sealed and, by decision of the inquiry officer or investigator, transferred for storage in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation. A document on the location of such material evidence is attached to the materials of the criminal case, and a sample of material evidence sufficient for a comparative study may also be attached;
b) are returned to their rightful owner, if this is possible without prejudice to evidence;
c) if it is impossible to ensure their storage in the ways provided for in subparagraphs “a” and “b” of this paragraph, they are assessed and, with the consent of the owner or by court decision, transferred for sale in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation. The proceeds from the sale of material evidence are credited in accordance with this part to the deposit account of the body that made the decision to confiscate said material evidence for the period provided for in part one of this article. A sample of material evidence sufficient for a comparative study may be attached to the materials of the criminal case;
1.1) large quantities of goods, the storage of which is difficult or the costs of providing special storage conditions for which are commensurate with their value, can be transferred for safekeeping to the owner;
2) perishable goods and products, as well as property subject to rapid obsolescence, the storage of which is difficult or the costs of providing special storage conditions for which are commensurate with their value:
a) are returned to their owners;
b) if return is impossible, they are assessed and, with the consent of the owner or by court decision, transferred for sale in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation. The proceeds from the sale of material evidence are credited in accordance with this part to the deposit account of the body that made the decision to confiscate said material evidence for the period provided for in part one of this article. A sample of material evidence sufficient for a comparative study may be attached to the materials of the criminal case;
c) with the consent of the owner or by court decision, they are destroyed in the manner established by the Government of the Russian Federation, if such perishable goods and products have become unusable. In this case, a protocol is drawn up in accordance with the requirements of Article 166 of this Code;
3) narcotic drugs, psychotropic substances, plants containing narcotic drugs or psychotropic substances or their precursors, or parts thereof containing narcotic drugs or psychotropic substances or their precursors, seized from illicit trafficking, as well as items the long-term storage of which is dangerous to life and health people or for the environment, after carrying out the necessary research, they are transferred for technological processing or destroyed by a court decision in the manner established by the Government of the Russian Federation, about which a protocol is drawn up in accordance with the requirements of Article 166 of this Code. A sufficient sample for comparative research of a narcotic drug, psychotropic substance, plant containing narcotic drugs or psychotropic substances or their precursors, or parts thereof containing narcotic drugs or psychotropic substances or their precursors, seized from illicit trafficking shall be attached to the materials of the criminal case;
3.1) money, valuables and other property received as a result of the commission of a crime, and income from this property discovered during investigative actions, are subject to arrest in the manner established by Article 115 of this Code;
4) valuables after performing the necessary investigative actions:
a) are deposited with a bank or other credit organization for the period provided for in part one of this article, except for the case provided for in subparagraph “b” of this paragraph;
b) are returned to their rightful owner, if this is possible without prejudice to evidence;
4.1) money after carrying out the necessary investigative actions are photographed or filmed and:
a) are returned to their rightful owner in the manner established by the Government of the Russian Federation;
b) in the absence or failure to identify the legal owner, or if it is impossible to return material evidence to the legal owner for other reasons, they are deposited in the financial unit of the body that made the decision to seize said material evidence, or in a bank or other credit organization for the period provided for in part one of this articles, or are stored in a criminal case, if the individual characteristics of banknotes are important for proof;
5) electronic storage media:
a) are stored in a sealed form under conditions that exclude the possibility of unauthorized persons becoming familiar with the information contained on them and ensuring their safety and the safety of the specified information;
b) are returned to their rightful owner after inspection and other necessary investigative actions, if this is possible without prejudice to evidence;
6) light industrial goods seized from illegal circulation, the list of which is established by the Government of the Russian Federation, are transferred for destruction by court decision in the manner established by the Government of the Russian Federation, of which a protocol is drawn up in accordance with the requirements of Article 166 of this Code. A sample of light industry goods seized from illegal circulation, sufficient for comparative research, is attached to the materials of the criminal case;
7) seized in accordance with the legislation on state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products from the illegal circulation of ethyl alcohol, alcoholic and alcohol-containing products, as well as items used for illegal production and ( or) the circulation of ethyl alcohol, alcoholic and alcohol-containing products, after carrying out the necessary research, are transferred for destruction, disposal or sale by court decision in the manner established by the Government of the Russian Federation, about which a protocol is drawn up in accordance with the requirements of Article 166 of this Code, or transferred for storage in the manner established by the Government of the Russian Federation. Funds received from the sale of material evidence are credited in accordance with this part to the deposit account of the body that made the decision to confiscate said material evidence for the period provided for in part one of this article;
confiscated gaming equipment that was used in the illegal organization and (or) conduct of gambling is transferred for destruction by court decision in the manner established by the Government of the Russian Federation, of which a protocol is drawn up in accordance with the requirements of Article 166 of this Code. Photo and film materials, video recordings of material evidence, and a sample of material evidence sufficient for a comparative study may also be attached to the materials of the criminal case.
9) animals whose physical condition does not allow them to be returned to their habitat:
a) are photographed or filmed, and by decision of the inquiry officer or investigator are transferred for storage in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation. A document on the location of such material evidence is attached to the materials of the criminal case;
b) are returned to their rightful owner, if this is possible without prejudice to evidence;
c) if it is impossible to ensure their storage in the ways provided for in subparagraphs “a” and “b” of this paragraph, with the consent of the legal owner or by court decision, they are transferred free of charge for maintenance and breeding in the manner established by the Government of the Russian Federation, of which a protocol is drawn up in accordance with with the requirements of Article 166 of this Code. Materials of photo and video recording of the seized animal, as well as other information and documents containing species and individual characteristics of the animal that allow its identification (inventory number, nickname, tags and others, and, if necessary, also research results) are attached to the materials of the criminal case;
d) if it is impossible to transfer free of charge for maintenance and breeding, they are assessed and, with the consent of the owner or by a court decision, transferred for sale in accordance with the legislation of the Russian Federation in the manner established by the Government of the Russian Federation. The proceeds from the sale of material evidence are credited in accordance with this part to the deposit account of the body that made the decision to confiscate said material evidence for the period provided for in part one of this article.
2.1. After urgent investigative actions are taken, if it is impossible to return electronic storage media seized during investigative actions to their legal owner, the information contained on these media is copied at the request of the legal owner of the seized electronic storage media or the owner of the information contained on them. Copying of this information onto other electronic media provided by the legal owner of the seized electronic media or the owner of the information contained on them is carried out with the participation of the legal owner of the seized electronic media or the owner of the information contained on them and (or) their representatives and a specialist in the presence of attesting witnesses. division of the preliminary investigation body or in court. When copying information, conditions must be provided that exclude the possibility of its loss or change. Copying information is not allowed if it may interfere with the investigation of a crime. Electronic storage media containing copied information are transferred to the legal owner of the seized electronic storage media or the owner of the information contained on them. A protocol is drawn up on the copying of information and the transfer of electronic media containing copied information to the legal owner of the seized electronic media or the owner of the information contained on them in accordance with the requirements of Article 166 of this Code.
3. Other conditions for storage, recording and transfer of material evidence, including their individual categories, are established by the Government of the Russian Federation.
4. In the cases provided for in subparagraphs “a” and “b” of paragraph 1, paragraph 1.1, subparagraph “a” of paragraph 2, paragraphs 3.1, 4 and 4.1, subparagraph “b” of paragraph 5, subparagraphs “a” and “b” of paragraph 9 of part two and part two.1 of this article, the inquiry officer, investigator or judge makes a decision.
4.1. In the cases provided for by subparagraph "c" of paragraph 1, subparagraphs "b" and "c" of paragraph 2 and paragraphs 3 and 6 - 8 of part two of this article, the investigator, with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, initiates proceedings before the court at the place of proceedings investigation, a corresponding petition if the owner has not given consent to the sale, disposal or destruction of the property.
4.2. In the cases provided for in subparagraphs “c” and “d” of paragraph 9 of part two of this article, the investigator, with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, initiates a corresponding petition before the court at the place of investigation, if the owner has not agreed to the transfer free of charge or sale physical evidence or the owner is missing or not identified.
5. When a criminal case is transferred by an inquiry body to an investigator or from one inquiry body to another or from one investigator to another, as well as when a criminal case is sent to a prosecutor or to a court, or when a criminal case is transferred from one court to another, material evidence is transferred along with the criminal case, for except in cases provided for in this article.
Head of the investigative body (Article 39 of the Code of Criminal Procedure of the Russian Federation)
The head of the investigative body is the official heading the corresponding investigative unit, as well as his deputy (clause 38¹ of article 5 of the Code of Criminal Procedure of the Russian Federation).
The procedural status of this entity has expanded significantly since 2007 due to the transfer of part of the powers of the prosecutor to it.
The head of the investigative body is authorized to:
1. Initiate criminal cases and conduct preliminary investigations into them as the head of an investigation team or investigator.
2. Exercise direct control over the investigation of criminal cases by investigators of their unit. In this case, the manager has the right to: cancel illegal and unfounded decisions of the investigator; give the investigator instructions on the direction of the investigation and the necessary procedural actions; remove the investigator from the investigation, allow challenges filed to the investigator, transfer the case to another investigator, create an investigation team; return the case to the investigator for additional investigation.
3. Extend the period of preliminary investigation.
4. Give your consent to a number of decisions of the investigator, in particular, to initiate a petition before the court to carry out procedural actions that limit the constitutional rights and freedoms of the individual.
5. Exercise a number of other powers provided for by the Code of Criminal Procedure of the Russian Federation.
The supervisor's instructions are given to the investigator in writing and are binding.
Thus, the head of the investigative body acts as the chief of the investigator, since the latter is significantly subordinate to him in official and procedural terms. But at the same time, the investigator retains a certain procedural independence. The investigator, without suspending the execution of these instructions, has the right to appeal them to a higher-ranking head of the investigative body. If the director’s instructions relate to the most important issues of the investigation: qualification of the crime, the scope of the charge, termination of the case, etc., then the investigator has the right not to follow the director’s instructions by setting out his objections in writing and presenting them with the case materials to the superior head of the investigative body (Part 3 Article 39 of the Code of Criminal Procedure of the Russian Federation).
The relationship between the head of the investigative body and the prosecutor is that the head, within five days, is obliged to consider the prosecutor’s demands to eliminate violations of the law committed during the preliminary investigation, make a decision to eliminate the violation or disagree with the prosecutor’s demands and inform the latter about his decision ( Part 4 of Article 39 of the Code of Criminal Procedure of the Russian Federation).
The head of the investigative body is the official heading the corresponding investigative unit, as well as his deputy (clause 38¹ of article 5 of the Code of Criminal Procedure of the Russian Federation).
The procedural status of this entity has expanded significantly since 2007 due to the transfer of part of the powers of the prosecutor to it.
The head of the investigative body is authorized to:
1. Initiate criminal cases and conduct preliminary investigations into them as the head of an investigation team or investigator.
2. Exercise direct control over the investigation of criminal cases by investigators of their unit. In this case, the manager has the right to: cancel illegal and unfounded decisions of the investigator; give the investigator instructions on the direction of the investigation and the necessary procedural actions; remove the investigator from the investigation, allow challenges filed to the investigator, transfer the case to another investigator, create an investigation team; return the case to the investigator for additional investigation.
3. Extend the period of preliminary investigation.
4. Give your consent to a number of decisions of the investigator, in particular, to initiate a petition before the court to carry out procedural actions that limit the constitutional rights and freedoms of the individual.
5. Exercise a number of other powers provided for by the Code of Criminal Procedure of the Russian Federation.
The supervisor's instructions are given to the investigator in writing and are binding.
Thus, the head of the investigative body acts as the chief of the investigator, since the latter is significantly subordinate to him in official and procedural terms. But at the same time, the investigator retains a certain procedural independence. The investigator, without suspending the execution of these instructions, has the right to appeal them to a higher-ranking head of the investigative body. If the director’s instructions relate to the most important issues of the investigation: qualification of the crime, the scope of the charge, termination of the case, etc., then the investigator has the right not to follow the director’s instructions by setting out his objections in writing and presenting them with the case materials to the superior head of the investigative body (Part 3 Article 39 of the Code of Criminal Procedure of the Russian Federation).
The relationship between the head of the investigative body and the prosecutor is that the head, within five days, is obliged to consider the prosecutor’s demands to eliminate violations of the law committed during the preliminary investigation, make a decision to eliminate the violation or disagree with the prosecutor’s demands and inform the latter about his decision ( Part 4 of Article 39 of the Code of Criminal Procedure of the Russian Federation).
