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FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 5, 2014 No. 91-FZ

About application of provisions of the Criminal Code of the Russian Federation and Code of penal procedure of the Russian Federation in the territories of the Republic of Crimea and the federal city of Sevastopol

(In edition of the Federal Law of the Russian Federation of 23.06.2016 No. 189-FZ)

Accepted by the State Duma of the Russian Federation on April 18, 2014

Approved by Council of the Russian Federation on April 29, 2014

Article 1

Criminal trial in the territories of the Republic of Crimea and the federal city of Sevastopol is performed by the rules established by the criminal procedure legislation of the Russian Federation taking into account provisions of the Federal constitutional Law of March 21, 2014 No. 6-FKZ "About acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects - the Republic of Crimea and the federal city of Sevastopol" and this Federal Law.

Article 2

Crime and punishability of the acts made in the territories of the Republic of Crimea and the city of Sevastopol till March 18, 2014 are determined based on the penal legislation of the Russian Federation. The turn at the same time is not allowed to the worst.

Article 3

1. Materials on which pre-judicial investigation of the acts containing signs of crimes for March 18, 2014 was not completed (irrespective of nationality of person suspected of crime execution), are transferred to the prosecutor for determination of type of criminal prosecution and competence according to the Code of penal procedure of the Russian Federation.

2. By results of consideration of the materials specified regarding 1 this Article the prosecutor according to Item 12 parts two of Article 37 of the Code of penal procedure of the Russian Federation issues the motivated decree which together with the received materials sends to relevant organ of pretrial investigation or body of inquiry for the decision making provided by the Code of penal procedure of the Russian Federation. The prosecutor according to part four of Article 20 of the Code of penal procedure of the Russian Federation directs materials about criminal offense of private prosecution to the head of investigating body, the investigator, the investigator for decision making according to the criminal procedure legislation of the Russian Federation.

3. In case of initiation of legal proceedings according to the procedure, provided by Chapter 20 of the Code of penal procedure of the Russian Federation, the evidence obtained earlier has the same legal force as though they were received according to the criminal procedure legislation of the Russian Federation. Assessment and verification of such proofs are performed according to the requirements established by Articles 87 and 88 of the Code of penal procedure of the Russian Federation.

4. If act on which pre-judicial investigation was made is not crime according to the Criminal Code of the Russian Federation, and also in the absence of the bases for initiation of legal proceedings the decision according to Article 148 of the Code of penal procedure of the Russian Federation is made.

Article 4

The decision on cessation of production due to the lack of event of criminal offense, due to the lack in act of structure of criminal offense or in connection with the death of suspected (person accused), taken out till March 18, 2014, is valid the decision on refusal in initiation of legal proceedings. Appeal of such decision is performed according to the procedure, established by the Code of penal procedure of the Russian Federation, taking into account provisions of part 19 of article 9 of the Federal constitutional Law of March 21, 2014 No. 6-FKZ "About acceptance to the Russian Federation of the Republic of Crimea and education as a part of the Russian Federation of new subjects - the Republic of Crimea and the federal city of Sevastopol".

Article 5

The term of preliminary inquiry in case of initiation of legal proceedings based on materials of pre-judicial investigation is estimated from the moment of initiation of legal proceedings according to the procedure, established by Articles 162, 223 and 226.6 Codes of penal procedure of the Russian Federation. Time on which person during pre-judicial investigation of criminal offense was detained was held in custody, was under house arrest till March 18, 2014, is set off its contents under guards or in time house arrest during production of preliminary inquiry according to Articles 107 and 109 of the Code of penal procedure of the Russian Federation in time.

Article 6

1. Materials of criminal proceedings on which legal proceedings till March 18, 2014 are not appointed return court to the prosecutor.

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