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FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 20, 2004 No. 119-FZ

About the state protection of the victims, witnesses and other participants of criminal trial

(The last edition from 07-02-2017)

Accepted by the State Duma on July 31, 2004

Approved by the Federation Council on August 8, 2004

This Federal Law installs the system of measures of the state protection of the victims, witnesses and other participants of criminal trial including security measures and measures of social support of specified persons and also determines the bases and procedure for their application.

Chapter 1. General provisions

Article 1. State protection of the victims, witnesses and other participants of criminal trial

The state protection of the victims, witnesses and other participants of criminal trial (further - the state protection) implementation of the security measures provided by this Federal Law directed to protection of their life, health and (or) property (further - security measures), and also measures of social support of specified persons (further - measures of social support) in connection with their participation in criminal trial by the state bodies authorized on that.

Article 2. Persons which are subject to the state protection

1. The following participants of criminal trial are subject to the state protection according to this Federal Law:

1) victim;

2) witness;

3) private prosecutor;

4) the suspect, the person accused, the defendant, their defenders and legal representatives, the convict, justified, and also person concerning whom criminal case or criminal prosecution was stopped;

5) the expert, the specialist, the translator, the witness, and also the teacher and the psychologist participating in criminal trial;

6) civil claimant, civil defendant;

7) legal representatives, representatives of the victim, civil claimant, civil defendant and private prosecutor.

2. Measures of the state protection can be also applied before initiation of legal proceedings to the applicant, the eyewitness or the victim of crime or other persons promoting the prevention or disclosure of crime.

3. The close relatives established by the Code of penal procedure of the Russian Federation, relatives and close persons, illegal infringement of whom appears for the purpose of impact on persons specified in parts 1 and 2 of this Article, are also subject to the state protection.

4. Persons specified in parts 1-3 of this Article on whom the decision on implementation of the state protection is in accordance with the established procedure made hereinafter are referred to as further "protected persons".

5. Measures of the state protection to protected persons can be applied after the resolution of sentence, pronouncement of the resolution on release of person from criminal liability or punishment and on application to it enforcement powers of medical nature.

Article 3. The bodies providing the state protection

1. The bodies providing the state protection are:

1) the bodies making the decision on implementation of the state protection;

2) the bodies performing security measures;

3) the bodies performing measures of social support.

2. The decision on implementation of the state protection is made by court (judge), the chief of body of inquiry, the head of investigating body or the investigator with the consent of the head of investigating body in whose production there is statement (message) on crime or criminal case if other is not provided by the criminal procedure legislation of the Russian Federation.

3. Implementation of security measures is assigned to law-enforcement bodies of the Russian Federation, bodies of the Federal Security Service, customs authorities of the Russian Federation on the criminal cases which are in their production or referred to their maintaining and also to other state bodies to which implementation of separate security measures can be assigned in accordance with the legislation of the Russian Federation.

4. Security measures concerning protected persons on the criminal cases which are in production of court (judge) or the Investigative Committee of the Russian Federation are performed by a court decision (judges), the head of investigating body of the Investigative Committee of the Russian Federation or the investigator with the consent of the head of investigating body of the Investigative Committee of the Russian Federation, by the law-enforcement bodies of the Russian Federation, bodies of the Federal Security Service, customs authorities of the Russian Federation located in the location of the protected person.

5. Security measures concerning protected persons from among the military personnel are performed by also military police of the Armed Forces of the Russian Federation, command of the relevant military units and higher command.

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