New edition of Art. 6.1 Code of Criminal Procedure of the Russian Federation
1. Criminal proceedings are carried out within a reasonable time.
2. Criminal proceedings are carried out within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner provided for by this Code, but criminal prosecution, imposition of punishment and termination of criminal prosecution must be carried out within a reasonable time.
3. When determining a reasonable period of criminal proceedings, which includes for the person against whom criminal prosecution is carried out, the period from the date of commencement of the criminal prosecution, and for the victim or other interested person who has suffered harm by an act prohibited by criminal law, the period from the date of filing an application or reporting a crime until the day the criminal prosecution is terminated or a conviction is made, circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime are taken into account. crime or criminal case, the behavior of participants in criminal proceedings, the sufficiency and effectiveness of the actions of the court, the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and total duration of criminal proceedings.
3.1. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to suspend the preliminary investigation in a criminal case on the basis provided for in paragraph 1 of part one of Article 208 of this Code, circumstances such as legal and the actual complexity of the criminal case, the behavior of the victim and other participants in the pre-trial proceedings in the criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out for the purpose of timely initiation of a criminal case, identifying the person to be brought in as a suspect accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
3.2. When determining a reasonable period for applying a measure of procedural coercion in the form of seizure of property of persons who are not suspects, accused or persons legally liable for their actions, in the course of criminal proceedings, the circumstances specified in part three of this article are taken into account, as well as the general the duration of the application of procedural coercion in the form of seizure of property during criminal proceedings.
3.3. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to refuse to initiate a criminal case or to terminate a criminal case on the basis provided for in paragraph 3 of part one of Article 24 of this Code, the following are taken into account circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime or materials of a criminal case, the behavior of the victim, the person who has been harmed by an act prohibited by criminal law , other participants in pre-trial proceedings in a criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out in order to timely initiate a criminal case, identify the person to be brought in as a suspect or accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
4. Circumstances related to the organization of the work of the bodies of inquiry, investigation, prosecutor's office and court, as well as the consideration of a criminal case by various authorities cannot be taken into account as grounds for exceeding reasonable time limits for criminal proceedings.
5. If, after a criminal case has been received by the court, the case is not considered for a long time and the trial is delayed, interested persons have the right to apply to the chairman of the court to expedite the consideration of the case.
6. An application to expedite the consideration of a criminal case is considered by the chairman of the court no later than 5 days from the date of receipt of this application by the court. Based on the results of consideration of the application, the chairman of the court issues a reasoned resolution, which may set a date for holding a court hearing in the case and (or) other procedural actions may be taken to speed up the consideration of the case.
Commentary on Article 6.1 of the Code of Criminal Procedure of the Russian Federation
1. This article was introduced by the Federal Law of April 30, 2010 N 69-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On compensation for violation of the right to legal proceedings within a reasonable time or the right to execution of a judicial act within a reasonable time” " The problem of complying with reasonable and acceptable deadlines for legal proceedings is one of the most acute in criminal proceedings. “Justitia debet esse celeris, quia dilatio est quaedam negatio” (Latin) - justice must be swift, for delay is a form of refusal. Requirement of Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the observance of reasonable time limits for the completion of cases is one of the fundamental guarantees of a fair trial. We are talking about an imperative provision applicable to all types of legal proceedings. The International Covenant on Civil and Political Rights of December 16, 1966 also establishes that everyone has the right “on the basis of complete equality. be tried without undue delay” (clause “c”, part 3, article 14). Moreover, everyone arrested or detained “has the right to a trial within a reasonable time” (Part 3 of Article 9). The International Code of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the UN General Assembly on December 9, 1988, speaks of holding trials within a reasonable time after arrest. The time limits for criminal proceedings taken into account by the Convention bodies begin to count dies a quo from the moment the person is charged. We are talking about the date before the case is sent to court, for example the date of arrest, arraignment and opening of the preliminary investigation. The end of the criminal proceedings is the date of the final verdict. That is, the concept of urgency of the trial presupposes, firstly, the absence of unjustified delay in the preliminary investigation and transfer of the case to court, and secondly, the reasonableness of the duration of the trial itself. The Court has found that the reasonableness of the length of the proceedings must be assessed in the light of all the circumstances of the case and with reference to the following criteria: the complexity of the case, the actions of the applicant and the relevant authorities and the importance of the issue at issue for the applicant (see, inter alia, the Grand Chamber judgments in the cases: Silva Pontes v. Portugal dated March 23, 1994. Series A. N 286-A P. 15. § 39; Comingersoll SA v. Portugal, no. 35382/97, § 19, ECHR 2000-IV; Frydl
Article 6.1 of the Code of Criminal Procedure of the Russian Federation. Reasonable duration of criminal proceedings (current version)
1. Criminal proceedings are carried out within a reasonable time.
2. Criminal proceedings are carried out within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner provided for by this Code, but criminal prosecution, imposition of punishment and termination of criminal prosecution must be carried out within a reasonable time.
3. When determining a reasonable period of criminal proceedings, which includes for the person against whom criminal prosecution is carried out, the period from the date of commencement of the criminal prosecution, and for the victim or other interested person who has suffered harm by an act prohibited by criminal law, the period from the date of filing an application or reporting a crime until the day the criminal prosecution is terminated or a conviction is made, circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime are taken into account. crime or criminal case, the behavior of participants in criminal proceedings, the sufficiency and effectiveness of the actions of the court, the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and total duration of criminal proceedings.
3.1. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to suspend the preliminary investigation in a criminal case on the basis provided for in paragraph 1 of part one of Article 208 of this Code, circumstances such as legal and the actual complexity of the criminal case, the behavior of the victim and other participants in the pre-trial proceedings in the criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out for the purpose of timely initiation of a criminal case, identifying the person to be brought in as a suspect accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
3.2. When determining a reasonable period for applying a measure of procedural coercion in the form of seizure of property of persons who are not suspects, accused or persons legally liable for their actions, in the course of criminal proceedings, the circumstances specified in part three of this article are taken into account, as well as the general the duration of the application of procedural coercion in the form of seizure of property during criminal proceedings.
3.3. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to refuse to initiate a criminal case or to terminate a criminal case on the basis provided for in paragraph 3 of part one of Article 24 of this Code, the following are taken into account circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime or materials of a criminal case, the behavior of the victim, the person who has been harmed by an act prohibited by criminal law , other participants in pre-trial proceedings in a criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out in order to timely initiate a criminal case, identify the person to be brought in as a suspect or accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
4. Circumstances related to the organization of the work of the bodies of inquiry, investigation, prosecutor's office and court, as well as the consideration of a criminal case by various authorities cannot be taken into account as grounds for exceeding reasonable time limits for criminal proceedings.
5. If, after a criminal case has been received by the court, the case is not considered for a long time and the trial is delayed, interested persons have the right to apply to the chairman of the court to expedite the consideration of the case.
6. An application to expedite the consideration of a criminal case is considered by the chairman of the court no later than 5 days from the date of receipt of this application by the court. Based on the results of consideration of the application, the chairman of the court issues a reasoned resolution, which may set a date for holding a court hearing in the case and (or) other procedural actions may be taken to speed up the consideration of the case.
Commentary on Article 6 of the Code of Criminal Procedure of the Russian Federation
1. This article describes the ideal functions of criminal proceedings (criminal proceedings). Paragraph 1 of Part 1 of the commented article talks about the function of the prosecution, and the next paragraph talks about the function of the defense.
2. In order to eliminate the existing disagreements between scientists in the understanding of the criminal procedural function, it was proposed to consider the concept of function in three interrelated manifestations: as an ideal (purpose, duty), as a real (a certain direction of law enforcement that actually took place) and as an essential function (such direction of activity that directly follows from the purpose of the criminal process).
3. In addition to the functions of prosecution and defense, in criminal proceedings it is customary to highlight at least one more function - the function of resolving the case. In addition, some scientists justify the presence of functions in the criminal process: investigation of crimes, ensuring investigations, etc.
4. The Supreme Court of the Russian Federation draws the attention of courts to their obligation, when considering criminal cases and making decisions, to comply with the principles of criminal proceedings established by Chapter 2 of the Code of Criminal Procedure, which are intended to protect the rights and legitimate interests of persons and organizations that have suffered from crimes, as well as to protect individuals from illegal and unfounded accusation, conviction, restriction of her rights and freedoms <19>. ——————————— <19> See: Resolution of the Plenum of the Supreme Court of the Russian Federation of March 5, 2004 N 1 “On the application by courts of the norms of the criminal procedure code of the Russian Federation” // Bulletin of the Supreme Court of the Russian Federation. 2004. N 5.
5. The highest body of justice of our state notes that criminal proceedings are intended to protect the rights and legitimate interests of individuals and organizations who have suffered from crimes. Accordingly, the duty of the state is not only to prevent and suppress, in accordance with the procedure established by law, attacks that can cause harm and moral suffering to an individual, but also to ensure that the victim of a crime has the opportunity to defend his rights and legitimate interests by any means not prohibited by law <20>. ——————————— <20> See: Resolution of the Plenum of the Supreme Court of the Russian Federation of June 29, 2010 N 17 “On the practice of application by courts of norms regulating the participation of the victim in criminal proceedings” // Bulletin of the Supreme Court of the Russian Federation. 2010. N 9.
6. See also commentary to Art. Art. 5, 389.19, 401.16 Code of Criminal Procedure of Russia.
Article 6.1. Reasonable duration of criminal proceedings
Article 6.1. Reasonable duration of criminal proceedings
[Code of Criminal Procedure] [Part One] [Section I] [Chapter 2]
. Criminal proceedings are carried out within a reasonable time.
. Criminal proceedings are carried out within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner provided for by this Code, but criminal prosecution, imposition of punishment and termination of criminal prosecution must be carried out within a reasonable time.
. When determining a reasonable period of criminal proceedings, which includes the period from the moment the criminal prosecution begins until the termination of the criminal prosecution or a conviction, circumstances such as the legal and factual complexity of the criminal case, the behavior of the participants in the criminal proceedings, the sufficiency and effectiveness of the court’s actions are taken into account. , prosecutor, head of the investigative body, investigator, inquiry body, head of the inquiry body, head of the inquiry unit, investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and the total duration of criminal proceedings.
3.1. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to suspend the preliminary investigation in a criminal case on the basis provided for in paragraph 1 of part one of Article 208 of this Code, circumstances such as legal and the actual complexity of the criminal case, the behavior of the victim and other participants in the pre-trial proceedings in the criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out for the purpose of timely initiation of a criminal case, identifying the person to be brought in as a suspect accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
3.2. When determining a reasonable period for applying a measure of procedural coercion in the form of seizure of property of persons who are not suspects, accused or persons legally liable for their actions, in the course of criminal proceedings, the circumstances specified in part three of this article are taken into account, as well as the general the duration of the application of procedural coercion in the form of seizure of property during criminal proceedings.
3.3. When determining a reasonable period of pre-trial proceedings, which includes the period from the date of filing an application, reporting a crime until the day a decision is made to refuse to initiate a criminal case or to terminate a criminal case on the basis provided for in paragraph 3 of part one of Article 24 of this Code, the following are taken into account circumstances such as the timeliness of a person who has been harmed by an act prohibited by criminal law reporting a crime, the legal and factual complexity of the materials for verifying a report of a crime or materials of a criminal case, the behavior of the victim, the person who has been harmed by an act prohibited by criminal law , other participants in pre-trial proceedings in a criminal case, the sufficiency and effectiveness of the actions of the prosecutor, the head of the investigative body, the investigator, the inquiry body, the head of the inquiry body, the head of the inquiry unit, the interrogator, carried out in order to timely initiate a criminal case, identify the person to be brought in as a suspect or accused of committing a crime, as well as the total duration of pre-trial proceedings in a criminal case.
. Circumstances related to the organization of the work of the bodies of inquiry, investigation, prosecutor's office and court, as well as the consideration of a criminal case by various authorities cannot be taken into account as grounds for exceeding reasonable time limits for criminal proceedings.
. If, after a criminal case has been received by the court, the case is not considered for a long time and the trial is delayed, interested persons have the right to apply to the chairman of the court to expedite the consideration of the case.
. An application to accelerate the consideration of a criminal case is considered by the chairman of the court no later than 5 days from the date of receipt of this application by the court. Based on the results of consideration of the application, the chairman of the court issues a reasoned resolution, which may set a date for holding a court hearing in the case and (or) other procedural actions may be taken to speed up the consideration of the case.
