Article 396 of the Code of Criminal Procedure of the Russian Federation. Courts resolving issues related to the execution of a sentence
- The issues specified in paragraphs 1, 2, 9, 10, 11, 14, 15, 16 and 20 of Article 397 and Article 398 of this Code are resolved by the court that passed the sentence, except for the cases provided for in part two of Article 135 of this Code.
- If the sentence is carried out in a place where the jurisdiction of the court that passed the sentence does not apply, then the issues specified in part one of this article are resolved by a court of the same level, and in its absence at the place of execution of the sentence - by a higher court. In this case, a copy of the court decision at the place of execution of the sentence is sent to the court that passed the sentence.
- The issues specified in paragraphs 3, 4, 4.2, 5, 6, 12, 13 and 19 of Article 397 of this Code are resolved by the court at the place where the convicted person is serving his sentence or at the place where compulsory medical measures are applied.
- The issues specified in paragraphs 4.1, 7, 8, 8.1, 17, 17.1 and 17.2 of Article 397 of this Code are resolved by the court at the place of residence of the convicted person. 4.1. The issues specified in paragraphs 18 and 18.1 of Article 397 of this Code are resolved by the court at the place of detention of the convicted person.
- The issues specified in paragraph 21 of Article 397 of this Code are considered by the court whose jurisdiction relates to the crime committed by the convicted person, taking into account his qualifications under the Criminal Code of the Russian Federation and the place of last residence of the convicted person in the Russian Federation.
- Issues related to the execution of the sentence are resolved by the judge alone at the court hearing.
Article 397 of the Code of Criminal Procedure of the Russian Federation. Issues to be considered by the court when executing a sentence
The court considers the following issues related to the execution of the sentence: 1) compensation for harm to the rehabilitated person, restoration of his labor, pension, housing and other rights in accordance with part five of Article 135 and part one of Article 138 of this Code;
2) on replacing the punishment in case of malicious evasion from serving it: a) a fine - in accordance with Article 46 of the Criminal Code of the Russian Federation; b) compulsory work - in accordance with Article 49 of the Criminal Code of the Russian Federation; c) corrective labor - in accordance with Article 50 of the Criminal Code of the Russian Federation; d) restrictions on freedom - in accordance with Article 53 of the Criminal Code of the Russian Federation; 3) on changing the type of correctional institution assigned by a court verdict to a person sentenced to imprisonment, in accordance with Articles 78 and 140 of the Criminal Executive Code of the Russian Federation; 4) on conditional early release from serving a sentence in accordance with Article 79 of the Criminal Code of the Russian Federation; 4.1) on the cancellation of parole - in accordance with Article 79 of the Criminal Code of the Russian Federation; 4.2) on the appointment of a forensic psychiatric examination in accordance with part two.1 of Article 102 of the Criminal Code of the Russian Federation; 5) on replacing the unserved part of the sentence with a milder type of punishment in accordance with Article 80 of the Criminal Code of the Russian Federation; 6) on release from punishment due to illness of the convicted person in accordance with Article 81 of the Criminal Code of the Russian Federation; 7) on the cancellation of a suspended sentence or on the extension of the probationary period in accordance with Article 74 of the Criminal Code of the Russian Federation; on the cancellation or addition of the duties assigned to the convicted person in accordance with Article 73 of the Criminal Code of the Russian Federation; 8.1) on partial cancellation or addition of restrictions imposed on a person sentenced to a penalty of restriction of freedom in accordance with Article 53 of the Criminal Code of the Russian Federation; 9) on release from serving a sentence due to the expiration of the statute of limitations for a conviction in accordance with Article 83 of the Criminal Code of the Russian Federation; 10) on the execution of a sentence in the presence of other unexecuted sentences, if this is not decided in the latest sentence in accordance with Article 70 of the Criminal Code of the Russian Federation; 11) on counting the time of detention, as well as the time spent in a medical institution in accordance with Articles 72, 103 and 104 of the Criminal Code of the Russian Federation; 12) on the appointment, extension, change or termination of the application of compulsory measures of a medical nature in accordance with Articles 102 and 104 of the Criminal Code of the Russian Federation; 13) on release from punishment or on mitigation of punishment due to the publication of a criminal law with retroactive effect, in accordance with Article 10 of the Criminal Code of the Russian Federation; 14) on reducing the amount of deduction from the salary of a person sentenced to correctional labor in accordance with Article 44 of the Criminal Executive Code of the Russian Federation in the event of a deterioration in the financial situation of the convicted person; 15) on clarification of doubts and ambiguities arising during the execution of the sentence; 16) on the release from punishment of minors with the use of compulsory educational measures provided for in part two of Article 92 of the Criminal Code of the Russian Federation; 17) on the abolition of the deferment of serving a sentence for a convicted pregnant woman, a woman who has a child under the age of fourteen, a man who has a child under the age of fourteen and is a single parent, in accordance with Article 82 of the Criminal Code of the Russian Federation; 17.1) on reducing the period of deferment of serving a sentence for a convicted pregnant woman, a woman who has a child under the age of fourteen, a man who has a child under the age of fourteen and is a single parent, with the release of the convicted person from serving the sentence or the remainder of the sentence with the removal of the criminal record in in accordance with Article 82 of the Criminal Code of the Russian Federation; 17.2) on the cancellation of the deferment of serving a sentence for a convicted person in accordance with Article 82.1 of the Criminal Code of the Russian Federation; 18) on the detention of a convicted person who has escaped in order to evade serving a sentence in the form of a fine, compulsory labor, correctional labor or restriction of freedom, until the consideration of the issue specified in paragraph 2 of this article, but for no more than 30 days; 18.1) on the detention of a person sentenced to imprisonment and serving a sentence in a colony-settlement, who has evaded receiving the order provided for in part one of Article 75.1 of the Criminal Executive Code of the Russian Federation, or who has not arrived at the place of serving the sentence within the period established in the order, but not for more than 30 days, as well as to send him to a settlement colony under escort in the manner established by Articles 75 and 76 of the Criminal Executive Code of the Russian Federation, or to consider the issue specified in paragraph 3 of this article; 19) on the replacement of the unserved part of the sentence with a milder type of punishment or on the release from punishment in the form of a restriction on military service of a military serviceman dismissed from military service, in the manner established by Article 148 of the Criminal Executive Code of the Russian Federation; 20) on the transfer of a citizen of a foreign state sentenced to imprisonment by a court of the Russian Federation to serve the sentence to the state of which the convicted person is a citizen; 21) on the recognition, procedure and conditions for the execution of a sentence of a court of a foreign state, which convicted a citizen of the Russian Federation, transferred to the Russian Federation to serve the sentence.
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Accused
— clause 1 part 1 47 Code of Criminal Procedure
the person for whom a decision has been made to attract
- clause 2, part 1 47 Code of Criminal Procedure
person against whom an indictment has been issued
— clause 3, part 1, 47 Code of Criminal Procedure
person against whom an indictment has been drawn up
Three types of faces
- Part 2 47 Code of Criminal Procedure
the defendant is considered - from the moment the hearing is scheduled
- Part 2 47 Code of Criminal Procedure
from the moment the verdict is passed, is referred to as the convicted person
- Part 2 47 Code of Criminal Procedure
if a verdict of acquittal is made, it is acquitted
I). Rights of the accused during investigation
- Part 4 47 Code of Criminal Procedure
rights of the accused:
- Part 3 47 Code of Criminal Procedure
has the right to have time to prepare for the defense
- clause 1, part 4 47 Code of Criminal Procedure
know what you are accused of
- clause 2, part 4 47 Code of Criminal Procedure
receive copies of documents
— clause 3, part 4, 47 Code of Criminal Procedure
give evidence
— clause 3, part 4, 47 Code of Criminal Procedure
refuse to testify
— clause 3, part 4, 47 Code of Criminal Procedure
must be warned about the use of indications
- clause 4, part 4 47 Code of Criminal Procedure
present evidence
- clause 5, part 4 47 Code of Criminal Procedure
submit petitions
- clause 5, part 4 47 Code of Criminal Procedure
challenge
- clause 6, part 4 47 Code of Criminal Procedure
testify in one's native language
- clause 7, part 4 47 Code of Criminal Procedure
the right of the accused to a free interpreter
- clause 9.1 part 4 47 Code of Criminal Procedure
the right of the accused to see a notary
- clause 10, part 4 47 Code of Criminal Procedure
has the right to participate in investigative actions
— clause 11 part 4 47 Code of Criminal Procedure
rights of the accused during examination
— clause 12 part 4 47 Code of Criminal Procedure
has the right to get acquainted with the case materials
- clause 13, part 4 47 Code of Criminal Procedure
has the right to make copies of the criminal case materials
- clause 14 part 4 47 Code of Criminal Procedure
has the right to make complaints
— clause 15, part 4, 47 Code of Criminal Procedure
the accused has the right
to
object to the termination of the case
II). Rights of the accused at the trial stage
- clause 16, part 4 47 Code of Criminal Procedure
has the right to participate in court proceedings
- clause 17, part 4 47 Code of Criminal Procedure
read the minutes of the meeting
- clause 18 part 4 47 Code of Criminal Procedure
appeal the verdict, obtain decisions
— clause 19, part 4, 47 Code of Criminal Procedure
the right of the accused to copies of the participants' complaints, to object
- clause 20, part 4 47 Code of Criminal Procedure
participate in the execution of the sentence
- clause 21, part 4 47 Code of Criminal Procedure
defend yourself by all means
- Part 6 47 Code of Criminal Procedure
the rights of the accused must be explained at the first interrogation
Defender
— clause 8, part 4, 47 Code of Criminal Procedure
the right of the accused to a lawyer, including free of charge
- clause 9, part 4 47 Code of Criminal Procedure
right of the accused to see a defense lawyer
- Part 5 47 Code of Criminal Procedure
the participation of a defender does not reduce the scope of rights
SELECTION OF MATERIALS
Arraignment
on a criminal case: a selection of materials
Article 47 of the Code of Criminal Procedure. Accused
1) The accused is a person in respect of whom:
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- part 1 171 of the Code of Criminal Procedure
issuing a decision to impeach
1). a decision was made to charge him as an accused;
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— 225 Code of Criminal Procedure
indictment, final document of inquiry
2). an indictment has been issued;
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- Part 1 226.7 Code of Criminal Procedure
indictment, final document
3). an indictment has been drawn up;
2) The accused, in whose criminal case a trial has been scheduled, is called the defendant.
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— paragraph 43
Plenum No. 55 date of resolution (issue) is the date of signing
The accused against whom
a guilty verdict has been passed is called convicted,
the accused against whom
a verdict of acquittal has been made is called acquitted.
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Plenum of the Supreme Court
Plenum
on the practice of applying the rules on the right to defense dated June 30, 2015. No. 29
Right to defense
Right to defense
, a selection of practical materials (
16 Code of Criminal Procedure
)
3) The accused has the right to defend his rights and legitimate interests
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Notice of appointment of a meeting of first instance
- Part 3 47 Code of Criminal Procedure
the accused has the right to have time to prepare for his defense
— Part 4 231 Code of Criminal Procedure
the parties are notified 5 days before the meeting
- paragraph 19
Plenum No. 26 violation of the right to defense, significant violation
Practical aspects
Notification of participants
on the appointment of a court hearing in the first instance
Court error when switching to general procedure
Adjournment of the case
when moving to the general order, 5 days for preparation
and have sufficient time and opportunity to prepare for the defense.
4) The accused has the right:
1). know what he is accused of;
2). get a copy:
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- Part 8 172 Code of Criminal Procedure
delivery of a copy of the decision to bring the accused
- decisions to charge him as an accused,
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- Part 2 101 Code of Criminal Procedure
a copy of the decision to the person, and to the defense attorney at the request
- decisions to apply a preventive measure against him,
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- Part 2 222 Code of Criminal Procedure
delivery of a copy of the indictment to the accused
- indictment,
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- Part 3 226 Code of Criminal Procedure
delivery of a copy of the indictment to the accused
- indictment,
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- Part 3 226.8 Code of Criminal Procedure
handing the accused a copy of the indictment
- or an indictment;
3). object to the charges, testify on the charges brought against him;
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- Part 1 51
Constitution of the Russian Federation witness immunity
— Part 2 173 Code of Criminal Procedure
entry in the interrogation protocol about refusal to testify
— P.
Plenum No. 51 announcement only if the right of refusal was explained
Interrogation of accomplices
Interrogation of an accomplice
may not be possible if it affects him
or refuse to testify.
If the accused agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case,
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- Clause 1 Part 1 276 Code of Criminal Procedure
contradictions in testimony early testimony is made public
— clause 11
Plenum No. 55 checks all the defendant’s testimony (old and new)
- including in the event of his subsequent refusal of this testimony, with the exception of the case provided for in paragraph 1 of Part 2 of 75 of the Code of Criminal Procedure;
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Right to present evidence
(normative base)
- clause 4, part 4 47 Code of Criminal Procedure
right of the accused to present evidence
- Part 2 86 Code of Criminal Procedure
rights of participants in the process to present evidence
- Part 2.2 159 Code of Criminal Procedure
evidence cannot be refused
— 286 Code of Criminal Procedure
introduction of new documents at the court hearing
— P.
Plenum No. 51 ensuring the rights of the parties to present evidence
Appealing a refusal
- clause 3.1
Plenum No. 1, refusal of evidence cannot be appealed under
Article 125 of the Code of Criminal Procedure
- Part 2 389.2 of the Code of Criminal Procedure
The court's refusal of a petition cannot be appealed until the final decision.
4).
present evidence;
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- Part 2 86 Code of Criminal Procedure
right of the accused to collect evidence
- Part 2 159 Code of Criminal Procedure
a request for investigative actions cannot be refused
5).
submit applications
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SITUATIONS from practice
Prosecutors substituted
each other, the right to challenges may be violated
and file challenges;
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— Part 2 18 Code of Criminal Procedure
the right to act - in one’s native language
6). give evidence and explain himself in his native language or a language he speaks;
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— Part 2 18 Code of Criminal Procedure
right to a free translator
7). use the help of a translator for free;
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- Part 1 16 Code of Criminal Procedure
the accused has the right to defend himself with the help of a lawyer
Two different rights
Right to defense
- these are two different rights (to self-defense and to the assistance of a defender)
8). use the help of a defender,
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- Part 4 132 Code of Criminal Procedure
payment to the defender if he refuses from the budget
- Part 6 132 Code of Criminal Procedure
in case of property insolvency at the expense of the budget
including free of charge in cases provided for by the Criminal Procedure Code;
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- Part 2 46 Code of Criminal Procedure
meeting with a defense lawyer before the interrogation of the suspect
- clause 9, part 4 47 Code of Criminal Procedure
the right of the accused to have confidential meetings with a defense lawyer
- Part 4 92 Code of Criminal Procedure
meeting with a defense lawyer before the first interrogation of the suspect
- clause 4, part 2 389.17 Code of Criminal Procedure
violation of the right to have the assistance of a defense lawyer
- Art. No. 103-FZ visits with a defense lawyer in a pre-trial detention center
- paragraph 16
Plenum No. 29 meeting with a lawyer via video conferencing
The right to see a defense lawyer
Dating with a protector
, violation of the rights of the accused to defense (
clause 9, part 4, 47 of the Code of Criminal Procedure
)
9). have meetings with the defense lawyer alone and confidentially,
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- part 1 173 of the Code of Criminal Procedure
first interrogation of the accused immediately upon filing of charges
- including before the first interrogation of the accused, without limiting their number and duration;
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- Art. No. 103-FZ the right to a meeting with a notary
9.1) from the moment of choosing a preventive measure in the form of detention or
house arrest, have meetings without limiting their number and duration with a notary in order to certify the power of attorney for the right to represent the interests of the accused in the field of business activity.
At the same time, it is prohibited to perform notarial acts in relation to property, cash and other valuables that may be seized. 10). participate, with the permission of the investigator, in investigative actions carried out at his request or at the request of his defense attorney or legal representative,
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- Part 6 166 Code of Criminal Procedure
The protocol is presented to all participants for review
— get acquainted with the protocols of these actions and submit comments on them;
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- Part 1 198 Code of Criminal Procedure
rights in forensic examination
eleven). meet with:
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- Part 3 195 Code of Criminal Procedure
the accused is familiarized with the decision
—
resolution on the appointment of a forensic examination,
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- clause 4 part 1 198 Code of Criminal Procedure
right to ask for additional questions
- ask questions to the expert,
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- part 1 206 of the Code of Criminal Procedure
presenting a report to the accused
— and get acquainted with the expert’s opinion;
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— 217 Code of Criminal Procedure
familiarization with the case of the accused and the defense lawyer
12). upon completion of the preliminary investigation, get acquainted with all materials of the criminal case and write out any information and in any volume from the criminal case;
13). make copies at your own expense from the materials of the criminal case, including using technical means;
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— 124 Code of Criminal Procedure
complaint to the prosecutor, head of the investigative body
— 125 Code of Criminal Procedure
appeal to the court at the preliminary investigation stage
14). bring complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor and the court and take part in their consideration by the court;
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- Part 2 27 Code of Criminal Procedure
the consent of the accused is required to terminate the case
- Part 3 213 Code of Criminal Procedure
consent of the accused in the order to dismiss the case
- paragraph 21
Plenum No. 19 mandatory consent of a person to terminate a case
— P.
Plenum No. 51, the court must explain the consequences of termination of the case
- paragraph 25
Plenum No. 19, if the person agrees to terminate, the case is terminated
- paragraph 25
Plenum No. 19 in case of disagreement - sentence with exemption from punishment
Agreement
Person's consent to termination
, two options for court decisions (
clause 25
of Plenum No. 19)
15). object to the termination of the criminal case on the grounds provided for in Part 2 27 of the Code of Criminal Procedure;
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Debate
Debate of the defendant
: selection of materials for protection
Replica
Replies in court
hearing on a criminal case
The last word
The last word
defendant: selection of materials for defense
16). participate in the trial of a criminal case:
- in the courts first,
- second,
- cassation,
— supervisory authorities,
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- Part 4 108 Code of Criminal Procedure
When taking into custody, the participation of the accused is mandatory
- as well as in the consideration by the court of the issue of election in relation to his preventive measure,
— and in other cases provided for in clause 1, clause 2, clause 3
,
clause 10 part 2 29 Code of Criminal Procedure.
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- Part 7 259 Code of Criminal Procedure
filing a petition to familiarize yourself with the minutes of the meeting
17).
get acquainted with the protocol and audio recording of the court hearing and submit comments on them;
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— Part 1 127 Code of Criminal Procedure
complaints against decisions of the first instance in accordance with Chapters 45.1 and 47.1
18). appeal the verdict, ruling, court order and receive copies of the appealed decisions;
19). receive copies of complaints and presentations brought in a criminal case and file objections to these complaints and presentations;
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- Part 2 399 Code of Criminal Procedure
participation of the convicted person in matters of execution of the sentence
20). participate in the consideration of issues related to the execution of the sentence;
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— clause 2
Plenum No. 29 the right to defend oneself by any legal means
21). defend yourself by other means and methods not prohibited by the Criminal Procedure Code.
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- P.2
Plenum No. 29 rights cannot be reduced due to the participation of a defense lawyer
The participation of a lawyer does not reduce the scope of rights
Can't be
the scope of rights due to the participation of a defense lawyer has been reduced
5) Participation in a criminal case of a defense attorney or
legal representative of the accused does not serve as a basis for restricting any right of the accused.
6) During the first interrogation of the accused, the investigator or interrogating officer explains to him the rights provided for in this article. During subsequent interrogations, the accused is repeatedly explained his rights provided for in paragraph 3, paragraph 4, paragraph 7, paragraph 8 of part 4 of this article, if the interrogation is carried out without the participation of a defense lawyer.
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Article 398 of the Code of Criminal Procedure of the Russian Federation. Deferment of execution of sentence
- The execution of a sentence convicting a person to compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment may be postponed by the court for a certain period if one of the following grounds is present: 1) illness of the convicted person, which prevents him from serving the sentence - until he recovers; 2) the convict is pregnant or has young children, the convict, who is a single parent, has young children - until the youngest child reaches the age of fourteen, with the exception of those sentenced to restriction of freedom, imprisonment for crimes against the sexual integrity of minors under the age of fourteen years, or imprisonment for a term of more than five years for grave and especially grave crimes against the person; 3) grave consequences or the threat of their occurrence for the convicted person or his close relatives, caused by a fire or other natural disaster, serious illness or death of the only able-bodied family member, other exceptional circumstances - for a period established by the court, but not more than 6 months. 4) the voluntary desire of a person sentenced to imprisonment for committing the first crimes provided for in part one of Article 228, part one of Article 231 and Article 233 of the Criminal Code of the Russian Federation, recognized as a drug addict, to undergo a course of treatment for drug addiction, as well as medical and social rehabilitation before the end of the course treatment for drug addiction and medical and social rehabilitation, but not more than five years.
- Payment of a fine may be deferred or spread over a period of up to five years if immediate payment is impossible for the convicted person.
- The issue of deferring the execution of a sentence is decided by the court at the request of the convicted person, his legal representative, close relatives, defense lawyer, or upon the proposal of the prosecutor.
Article 399 of the Code of Criminal Procedure of the Russian Federation. The procedure for resolving issues related to the execution of a sentence
- Issues related to the execution of the sentence are considered by the court: 1) at the request of the rehabilitated person - in the case specified in paragraph 1 of Article 397 of this Code; 2) at the request of the convicted person - in the cases specified in paragraphs 3 (in accordance with part two of Article 78 of the Criminal Executive Code of the Russian Federation), 4, 5, 6, 9, 11 - 15 of Article 397 and parts one and two of Article 398 of this Code; 3) on the proposal of the internal affairs body or institution (body) of the penal system at the place of detention of the convicted person - in the cases specified in paragraphs 18 and 18.1 of Article 397 of this Code; 4) taking into account the requirements of Articles 469 - 472 of this Code - in the cases specified in paragraphs 20 and 21 of Article 397 of this Code; 4.1) on the proposal of the institution or body executing the punishment - in the cases specified in paragraph 12 of Article 397 of this Code, in relation to a person who is convicted of committing, at the age of over eighteen years, a crime against the sexual integrity of a minor under the age of fourteen years, and recognized as suffering from a disorder of sexual preference (pedophilia), which does not preclude sanity; 5) upon the proposal of the institution or body executing the punishment - in the cases specified in paragraphs 2 - 5, 7 - 8.1, 10, 12, 13, 15, 17 - 17.2 and 19 of Article 397 of this Code; 6) in accordance with part two of Article 432 of this Code - in the case specified in paragraph 16 of Article 397 of this Code.
- The persons, institutions and bodies specified in part one of this article must be notified of the date, time and place of the court hearing no later than 14 days before the court hearing. A representative of the institution executing the punishment or the competent authority is summoned to the court hearing, upon whose presentation the issue related to the execution of the punishment is resolved. If the issue concerns the execution of a sentence in a civil claim, then the civil plaintiff and the civil defendant may be summoned to the court hearing. If there is a request from a convicted person to participate in a court hearing, the court is obliged to ensure his direct participation in the court hearing or provide him with the opportunity to express his position through the use of video conferencing systems. The question of the form of participation of the convicted person in the court hearing is decided by the court. The convicted person’s request to participate in the court hearing may be submitted simultaneously with his request on issues related to the execution of the sentence, or within 10 days from the date the convicted person receives notice of the date, time and place of the court hearing.
- If a convicted person participates in a court hearing, he has the right to familiarize himself with the materials presented to the court, participate in their consideration, file petitions and challenges, give explanations, and present documents.
- The convicted person can exercise his rights with the help of a lawyer.
- Lost power.
- The prosecutor has the right to participate in the court hearing.
- The court hearing begins with a report from a representative of the institution or body that submitted the presentation, or with an explanation from the applicant. Then the presented materials are examined, the explanations of the persons who appeared at the court hearing, the opinion of the prosecutor are heard, after which the judge makes a decision.
Article 47. Accused
Article 47. Accused
[Code of Criminal Procedure] [Part One] [Section II] [Chapter 7]
. The accused is a person in respect of whom:
- 1) a decision has been made to charge him as an accused;
- 2) an indictment has been issued;
- 3) an indictment has been drawn up.
. The accused in whose criminal case a trial has been scheduled is called the defendant. The accused against whom a guilty verdict has been passed is called the convicted person. A defendant who is acquitted is acquitted.
. The accused has the right to defend his rights and legitimate interests and have sufficient time and opportunity to prepare for the defense.
. The accused has the right:
- 1) know what he is accused of and receive a copy of the decision to initiate a criminal case in which he is charged as an accused, if he has not received a copy of such a decision in accordance with paragraph 1 of part four of Article 46 of this Code;
- 2) receive a copy of the decision to charge him as an accused, a copy of the decision to apply a preventive measure against him, a copy of the indictment, indictment or indictment;
- 3) object to the accusation, testify on the charge brought against him or refuse to testify. If the accused agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including if he subsequently refuses this testimony, except for the case provided for in paragraph 1 of part two of Article 75 of this Code ;
- 4) provide evidence;
- 5) file petitions and challenges;
- 6) give evidence and explain in his native language or a language he speaks;
- 7) use the help of a translator for free;
use the assistance of a defense lawyer, including free of charge in cases provided for by this Code;- 9) have meetings with the defense lawyer alone and confidentially, including before the first interrogation of the accused, without limiting their number and duration;
- 9.1) from the moment of choosing a preventive measure in the form of detention or house arrest, have meetings without limiting their number and duration with a notary in order to certify the power of attorney for the right to represent the interests of the accused in the field of business activity. At the same time, it is prohibited to perform notarial acts in relation to property, money and other valuables that may be seized in cases provided for by this Code;
- 10) participate, with the permission of the investigator or inquiry officer, in investigative actions carried out at his request or the request of his defense attorney or legal representative, familiarize himself with the protocols of these actions and submit comments on them;
- 11) get acquainted with the decision on the appointment of a forensic examination, pose questions to the expert and get acquainted with the expert’s conclusion;
- 12) upon completion of the preliminary investigation, get acquainted with all the materials of the criminal case and write out any information and in any volume from the criminal case;
- 13) make copies at your own expense from the materials of the criminal case, including using technical means;
- 14) bring complaints against the actions (inaction) and decisions of the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the prosecutor and the court and take part in their consideration by the court;
- 15) object to the termination of a criminal case on the grounds provided for in part two of Article 27 of this Code;
- 16) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances, as well as in the court’s consideration of the issue of choosing a preventive measure in relation to him and in other cases provided for in paragraphs 1-3 and 10 of part two of Article 29 of this Code ;
- 17) get acquainted with the protocol and audio recording of the court session and submit comments on them;
- 18) appeal the verdict, ruling, court order and receive copies of the appealed decisions;
- 19) receive copies of complaints and presentations brought in a criminal case and file objections to these complaints and presentations;
- 20) participate in the consideration of issues related to the execution of the sentence;
- 21) defend themselves by other means and methods not prohibited by this Code.
. The participation of a defense attorney or legal representative of the accused in a criminal case does not serve as a basis for limiting any of the rights of the accused.
. During the first interrogation of the accused, the investigator or interrogating officer explains to him the rights provided for in this article. During subsequent interrogations, the accused is repeatedly explained his rights provided for in paragraphs 3, 4, 7 and 8 of part four of this article, if the interrogation is conducted without the participation of a defense lawyer.
Article 400 of the Code of Criminal Procedure of the Russian Federation. Consideration of a petition to expunge a criminal record
- The issue of expunging a criminal record in accordance with Article 86 of the Criminal Code of the Russian Federation is resolved at the request of a person who has served his sentence by a court or magistrate in criminal cases within his jurisdiction at the place of residence of this person.
- Participation in the court hearing of a person in respect of whom a petition to expunge a criminal record is being considered is mandatory.
- The prosecutor has the right to participate in the court hearing and is notified of the received petition.
- Consideration of the petition begins with hearing the explanations of the person who filed the petition, after which the presented materials are examined and the prosecutor and other persons invited to the court hearing are heard.
- In the event of a refusal to expunge a criminal record, a repeated petition for this may be filed with the court no earlier than after one year has passed from the date of the decision on refusal.
Article 401.2. Code of Criminal Procedure of the Russian Federation. The right to appeal to the cassation court
- A court decision that has entered into legal force may be appealed in the manner established by this chapter to the court of cassation by the convicted, acquitted, their defenders and legal representatives, the victim, the private prosecutor, their legal representatives and representatives, as well as other persons in that part, in in which the appealed court decision affects their rights and legitimate interests. A civil plaintiff, civil defendant or their legal representatives and representatives have the right to appeal a court decision insofar as it relates to the civil claim.
- The following may apply to review a court decision that has entered into legal force: 1) the Prosecutor General of the Russian Federation and his deputies - to any cassation court; 2) a prosecutor of a constituent entity of the Russian Federation, a military prosecutor equivalent to him and their deputies - respectively, to the presidium 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.
- A court decision may be appealed to a cassation court within one year from the date of its entry into legal force. A deadline missed for a valid reason may be restored in the manner prescribed by Article 389.5 of this Code.
Article 401 of the Code of Criminal Procedure of the Russian Federation. Appealing a court decision
- An appeal or presentation may be filed against a court decision made when resolving issues related to the execution of a sentence in the manner prescribed by Chapter 45.1 of this Code.
- When submitting a proposal to a court decision, according to which a convicted person is subject to release from serving a sentence, the prosecutor notifies the administration of the place of serving the sentence in writing before the expiration of the period for appealing the said decision in the appellate manner.
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Section 401.14. Code of Criminal Procedure of the Russian Federation. The decision of the cassation court
- As a result of consideration of a criminal case, the cassation court has the right to: 1) leave the cassation complaint or presentation without satisfaction; 2) cancel the verdict, ruling or ruling of the court and all subsequent court decisions and terminate the proceedings in this criminal case; 3) cancel the verdict, ruling or ruling of the court and all subsequent court decisions and transfer the criminal case for a new trial or return the case to the prosecutor; 4) cancel the verdict of the appellate court and transfer the criminal case for a new appeal hearing; 5) cancel the decision of the cassation court and transfer the criminal case for a new cassation hearing; 6) make changes to the sentence, ruling or ruling of the court.
- In the cases provided for in paragraphs 2 - 6 of part one of this article, the cassation court must indicate the specific basis for canceling or changing the court decision in accordance with Article 401.15 of this Code.
- The ruling and ruling of the cassation court must comply with the requirements of parts three and four of Article 389.28 of this Code.
- The ruling of the cassation court is signed by the entire composition of the court, and the resolution - by the presiding judge at the meeting.
- The ruling or ruling of the court is attached to the criminal case together with the cassation complaint or presentation that served as the basis for transferring the complaint or presentation for consideration in a court session of the cassation court, by a decision of the judge of the cassation court in whose proceedings the cassation complaint or presentation was in question.
- If a cassation appeal or presentation was submitted to the cassation court for consideration by a decision of the Chairman of the Supreme Court of the Russian Federation or his deputy, within 10 days from the date of the decision, the cassation court sends a copy of this decision to the Chairman of the Supreme Court of the Russian Federation or his deputy, who, by his decision, has the right transfer the cassation appeal or presentation, if they were left unsatisfied or partially satisfied, for consideration to a higher court of cassation or to the Presidium of the Supreme Court of the Russian Federation.
