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CODE OF PENAL PROCEDURE OF THE RUSSIAN FEDERATION

of December 18, 2001 No. 174-FZ

(The last edition from 03-07-2019)

Accepted by the State Duma of the Russian Federation on November 22, 2001

Approved by Council of the Russian Federation on December 5, 2001

Part one. General provisions

Section I. Basic provisions

Chapter 1. Criminal procedure legislation

Article 1. The laws determining procedure for criminal trial

1. The procedure for criminal trial is in the territory of the Russian Federation established by this Code based on the Constitution of the Russian Federation.

2. The procedure for criminal trial established by this Code is obligatory for courts, bodies of prosecutor's office, bodies of pretrial investigation and bodies of inquiry, and also other participants of criminal trial.

3. The conventional principles and rules of international law and the international agreements of the Russian Federation are component of the legislation of the Russian Federation regulating criminal trial. If the international treaty of the Russian Federation establishes other rules than provided by this Code, then rules of the international treaty are applied.

Article 2. Operation of the criminal procedure law in space

1. Criminal proceeding in the territory of the Russian Federation irrespective of the place of crime execution is conducted according to this Code if the international treaty of the Russian Federation does not establish other.

2. Regulations of this Code are applied also in case of criminal proceeding about the crime committed on the air, ocean or river craft which is outside the territory of the Russian Federation under the flag of the Russian Federation if the specified vessel is attributed to port of the Russian Federation.

3. In cases, stipulated in Article 12 Criminal Codes of the Russian Federation, separate legal proceedings outside the territory of the Russian Federation can be carried out according to requirements of this Code.

Article 3. Operation of the criminal procedure law concerning foreign citizens and stateless persons

1. Production on criminal cases about the crimes committed by foreign citizens or stateless persons in the territory of the Russian Federation is conducted according to rules of this Code.

1.1. In the cases provided by part three of article 12 of the Criminal Code of the Russian Federation, separate legal proceedings outside the territory of the Russian Federation concerning foreign citizens and stateless persons can be carried out according to requirements of this Code.

2. The legal proceedings provided by this Code concerning persons using immunity from such actions according to the conventional principles and rules of international law and international treaties of the Russian Federation are made with the consent of foreign state on which service there was person using immunity or the international organization which member of personnel it is or was.

Information on whether the corresponding person uses immunity and what amount of such immunity, is provided by the Ministry of Foreign Affairs of the Russian Federation.

Article 4. Operation of the criminal procedure law in time

In case of criminal proceeding the criminal procedure law existing during production of the corresponding legal proceeding or adoption of the proceeding decision is applied if other is not established by this Code.

Article 5. The basic concepts used in this Code

Unless otherwise specified, the basic concepts used in this Code have the following values:

1) alibi - finding of the suspect or person accused at the time of crime execution in other place;

2) appellate instance - the court considering in appeal procedure criminal cases according to claims and representations to the sentences which did not take legal effect, determinations and court orders;

3) close persons - others, except for close relatives and relatives, the faces consisting in property with the victim, the witness and also faces which life, health and wellbeing are expensive to the victim, the witness owing to the developed personal relations;

4) close relatives - the spouse, the spouse, parents, children, adoptive parents adopted brothers and sisters, the grandfather, the grandmother, grandsons;

5) verdict - the decision on guilt or innocence of the defendant which is taken out by jury of assessors;

6) the state prosecutor - the charges in court holding on behalf of the state on criminal case the official of body of prosecutor's office;

7) the investigator - the official of body of inquiry, the competent or authorized by the chief of body inquiries to perform preliminary inquiry in the form of inquiry, and also other powers provided by this Code;

8) inquiry - form of the preliminary inquiry performed by the investigator (investigator) on criminal case on which production of pretrial investigation is optional;

9) pre-judicial production - criminal trial from the moment of receipt of the message on crime to the direction the prosecutor of criminal case in court for its consideration in essence;

10) the dwelling - the individual apartment house with the residential and non-residential premises entering it, the premises irrespective of pattern of ownership entering housing stock and used for permanent or temporary residence, and other room or structure which is not entering housing stock, but used for temporary residence is equal;

11) detention of the suspect - the measure of procedural coercion applied by body of inquiry, the investigator, the investigator for the term of no more than 48 hours from the moment of the actual detention of person on suspicion of crime execution;

11. 1) the conclusion of court - conclusion about availability or about absence in actions of person to whom the special procedure for criminal proceeding, essential elements of offense is applied;

12) legal representatives are parents, adoptive parents, guardians or custodians of the minor suspect, the person accused or the victim, representatives of organizations or organizations on which care there is minor suspect, the person accused or the victim, guardianship and custody bodies,

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