of December 18, 2001 No. 174-FZ
Accepted by the State Duma of the Russian Federation on November 22, 2001
Approved by Council of the Russian Federation on December 5, 2001
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. Application of rules of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation is not allowed. Such contradiction can be established according to the procedure, determined by the Federal constitutional Law.
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.
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.
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.
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, and in the conditions of warlike situation - for the term of no more than 30 days from the moment of the actual detention of person suspected of making of heavy or especially serious crime;
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,
13) election of measure of restraint - acceptance by the investigator, investigator, and also court of the decision on measure of restraint concerning the suspect, the person accused;
13. 1) property - any things, including cash and documentary securities; the non-cash which is on accounts and in deposits in banks and other credit institutions; bank entry securities, the rights to which are considered in the register of owners of bank entry securities or depositary; property rights, including rights to claim and exclusive rights;
14) cassation instance - the court considering in cassation procedure criminal cases according to claims and representations to the sentences which took legal effect, determinations and resolutions of courts;
14. 1) control of telephone and other negotiations - listening and record of negotiations by use of any means of communication, survey and listening of soundtracks;
15) the moment of the actual detention - the moment made according to the procedure, the actual imprisonment of movement of person suspected of the crime execution established by this Code;
16) supervising instance - The presidium of the Supreme Court of the Russian Federation considering according to the procedure of supervision criminal cases according to supervising claims and representations to the sentences which took legal effect, determinations and resolutions of courts;
17) the chief of body of inquiry - the official heading relevant organ of inquiry and also his deputy;
17. 1) the chief of division of inquiry - the official of body of inquiry heading the relevant specialized division which performs preliminary inquiry in the form of inquiry, and also his deputy;
18) ceased to be valid
19) urgent investigative actions - the actions performed by body of inquiry after initiation of legal proceedings on which production of pretrial investigation is obligatory for the purpose of detection and fixing of traces of crime, and also the proofs requiring immediate fixing, withdrawal and research;
20) non-participation - unspecified participation or the established non-participation of person in crime execution;
21) night time - period from 22 to 6 o'clock local time;
22) accusation - the approval about the making by certain person of the act prohibited by the penal statute pushed according to the procedure, established by this Code;
23) determination - any decision passed jointly by courts of the first, appeal and cassation instances, except for sentence and cassation determination;
24) bodies of inquiry - the state bodies and officials authorized according to this Code to perform inquiry and other procedural powers;
24. 1) receipt of information on connections between subscribers and (or) subscriber devices - receipt of data on date, time, duration of connections between subscribers and (or) subscriber devices (the user equipment), customer addresses, other data allowing to identify subscribers and also data on numbers and the location of send-receive base stations;
25) the resolution - any decision, except for sentence, taken out by the judge solely; the decision passed by presidium of court in case of review of the corresponding judgment which took legal effect; the decision of the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator which is taken out during pre-judicial production, except for the indictment, the indictment or the accusatory resolution;
26) the chairman - the judge who directs judicial session by joint consideration of criminal case, and also the judge considering criminal case solely;
27) representation - the act of response of the prosecutor to the judgment introduced according to the procedure, established by this Code;
27. 1) the crimes committed by the individual entrepreneur in connection with implementation of business activity by him and (or) management of the property belonging to it used for the purpose of business activity, provided by Articles 20, 81.1, 108 and 164 of this Code - the crimes committed by the individual entrepreneur during implementation by it of the independent, performed on the risk activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services and (or) under management of the property belonging to it used for the purpose of such activities;
27. 2) the crimes committed by the member of governing body of the commercial organization in connection with implementation of powers by it on management of this organization or in connection with implementation of business or other economic activity by the commercial organization, provided by Articles 20, 81.1, 108 and 164 of this Code - the crimes committed by the member of governing body of the commercial organization when implementing of powers by it on management of this organization or during implementation by the commercial organization of the independent, performed on the risk activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services, or other economic activity;
28) sentence - the decision on innocence or guilt of the defendant and appointment to it punishments or about release it from punishment which is taken out by court of the first or appellate instance;
29) application of measure of restraint - the legal proceedings performed from the moment of decision making about election of measure of restraint before its cancellation or change;
30) the jury member - person involved in the procedure established by this Code for participation in legal proceedings and passing a verdict;
31) prosecutor - The Prosecutor General of the Russian Federation and the prosecutors subordinated to him, their deputies and other officials of bodies of prosecutor's office participating in criminal trial and given appropriate authority the Federal Law on prosecutor's office;
32) legal proceeding - the investigative, judicial or other action provided by this Code;
33) the proceeding decision - the decision made by court, the prosecutor, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator according to the procedure, established by this Code;
34) rehabilitation - procedure for recovery of the rights and freedoms of person, it is illegal or unreasonably subjected to criminal prosecution, and compensations of the harm done to it;
35) rehabilitated - person having the right to indemnification according to this Code, caused to it in connection with illegal or unreasonable criminal prosecution;
36) remark - the note of the participant of debate of the parties who is rather told in speeches of other participants;
36. 1) results of operational search activities - the data received according to the Federal Law on operational search activities, on signs of the prepared, committed or committed crime, the persons which are preparing, committing or who committed crime and disappeared from bodies of inquiry, investigation or court;
37) relatives - all other persons, except for close relatives, consisting in relationship;
38) search measures - the measures taken by the investigator, the investigator, and also body of inquiry at the request of the investigator or the investigator for establishment of person suspected of crime execution;
38. 1) the head of investigating body - the official heading the relevant investigative division, and also his deputy;
39) ceased to be valid
40) witness immunity - the right of person not to give the evidence against itself and the close relatives, and also in other cases provided by this Code;
40. 1) the investigator-criminalist - the official, authorized to perform pretrial investigation on criminal case, and also to participate at the request of the head of investigating body in production of separate investigative and other legal proceedings or to make separate investigative and other legal proceedings without acceptance of criminal case to the production;
41) the investigator - the official, authorized to perform pretrial investigation on criminal case, and also other powers provided by this Code;
41. 1) consent - permission of the head of investigating body to production by the investigator or permission of the prosecutor, chief of body of inquiry to production by the investigator of the corresponding investigative and other legal proceedings and to adoption of proceeding decisions by them;
42) detention - stay of person detained on suspicion of crime execution, or the person accused to whom the measure of restraint in the form of detention, in the pre-trial detention center or other place determined by the Federal Law is applied;
43) the message on crime - the statement for crime, surrender, the official report for detection of crime, the resolution of the prosecutor on the direction of the corresponding materials in body of preliminary inquiry for the solution of question of criminal prosecution;
44) specialized agency for minors - the specialized state body providing correction of minors and created according to the Federal Law;
45) the parties - the participants of criminal trial performing function of accusation (criminal prosecution) or protection against accusation on the basis of competitiveness;
46) the party of protection - the person accused, and also his legal representative, the defender, the civil defendant, his legal representative and the representative;
47) the party of accusation - the prosecutor, and also the investigator, the head of investigating body, the investigator, the chief of division of inquiry, the chief of body of inquiry, body of inquiry, the private prosecutor, the victim, his legal representative and the representative, the civil claimant and his representative;
48) court - any court of law considering criminal case in essence and passing the decisions provided by this Code;
49) judicial examination - the examination made according to the procedure, established by this Code;
50) judicial session - procedural form of implementation of justice during pre-judicial and judicial proceedings on criminal case;
51) legal proceedings - judicial session of courts of the first, second, cassation and supervising instances;
52) Trial Court - the court considering criminal case in essence and competent to pronounce sentence, and also to make decisions during pre-judicial criminal proceeding;
53) court of the second instance - Appeal Court;
53. 1) the judgment - the sentence, determination, the resolution which are taken out in case of criminal proceeding in courts of the first and second instances; the determination and the resolution which are taken out in case of criminal proceeding in court of cassation instance; the decree issued in case of criminal proceeding in Supervisory Court;
53. 2) the final judgment - sentence, other judgment passed during legal proceedings to which criminal case is allowed in essence;
53. 3) the intermediate judgment - all determinations and court orders, except for the final judgment;
54) the judge - the official, authorized to perform justice;
55) criminal prosecution - the procedural activities performed by the party of accusation for the purpose of exposure of the suspect accused of crime execution;
56) criminal trial - pre-judicial and judicial proceedings on criminal case;
57) penal statute - Criminal Code of the Russian Federation;
58) participants of criminal trial - persons who are involved in criminal trial;
59) the private prosecutor - the victim or his legal representative and the representative on criminal cases of private prosecution;
60) expert organization - the public judicial and expert or other institution to which production of judicial examination according to the procedure is entrusted, established by this Code;
61) the pre-judicial agreement on cooperation - the agreement between the parties of accusation and protection in which the specified parties approve conditions of responsibility of the suspect or the person accused depending on its actions after initiation of legal proceedings or brining a charge.
62) the teacher - the pedagogical worker who is carrying out in the educational organization or the organization performing training, obligations in training and education of students.
1. Criminal trial has the appointment:
1) protection of the rights and legitimate interests of persons and the organizations which were injured from crimes;
2) protection of the personality against illegal and insubstantial accusation, condemnation, restriction of its rights and freedoms.
2. Criminal prosecution and appointment of just punishment as the guilty person in the same measure answer purpose of criminal trial, as refusal of criminal prosecution of the innocent, release them from punishment, rehabilitation of everyone who unreasonably underwent to criminal prosecution.
1. Criminal trial is performed in reasonable time.
2. Criminal trial is performed in the terms established by this Code. Prolongation of these terms is admissible in cases and according to the procedure which are provided by this Code, but criminal prosecution, assignment of punishment and the termination of criminal prosecution shall be performed in reasonable time.
3. In case of determination of reasonable time of criminal trial which includes for person concerning whom criminal prosecution is performed, the period from the date of the beginning of implementation of criminal prosecution and for the victim or other interested person to whom the act prohibited by the penal statute does harm, the period from the date of filing of application, messages on crime about day of the termination of criminal prosecution or removal of conviction such circumstances as timeliness of the address of person to which the act prohibited by the penal statute does harm, with the statement for crime, legal and actual complexity of materials of verification of the message on crime or criminal case, behavior of participants of criminal trial, sufficiency and efficiency of actions of court, the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry are considered, the investigator, made for the purpose of timely implementation of criminal prosecution or consideration of criminal case, and the general duration of criminal trial. The specified circumstances are considered for the entire period of duration of criminal trial determined according to this regulation, in case of the address of person with the new statement for award of compensation for violation of the right to criminal trial in reasonable time in case of continuation of criminal proceeding after adoption by court of the decision on satisfaction of earlier directed application for award of compensation for violation of the right to criminal trial in reasonable time submitted by person before the termination of criminal prosecution or the introduction to legal force of sentence because duration of criminal proceeding exceeded four years, or decisions on refusal in satisfaction of such statement. At the same time for submission of the new statement for award of compensation for violation of the right to criminal trial in reasonable time the address of person with the statement for acceleration of consideration of criminal case provided by part five of this Article is not required.
3.1. In case of determination of reasonable time of pre-judicial production which includes the period from the date of filing of application, messages on crime about day of decision making about suspension of preliminary inquiry on criminal case on the basis, stipulated in Item 1 part one of article 208 of this Code such circumstances as legal and actual complexity of criminal case, behavior of the victim and other participants of pre-judicial criminal proceeding, sufficiency and efficiency of actions of the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator made for the purpose of timely initiation of legal proceedings, establishment of person which is subject to attraction as the suspect accused of crime execution and also the general duration of pre-judicial criminal proceeding are considered.
3.2. In case of determination of reasonable time of application of measure of procedural coercion in the form of property attachment of persons who are not the suspects, persons accused or persons bearing liability for their actions under the law during criminal trial the circumstances specified in part three of this Article and also general duration of application of measure of procedural coercion in the form of property attachment are considered during criminal trial.
3.3. In case of determination of reasonable time of pre-judicial production which includes the period from the date of filing of application, messages on crime about day of decision making about refusal in initiation of legal proceedings or about the termination of criminal case on the basis, stipulated in Item 3 parts one of Article 24 of this Code such circumstances as timeliness of the address of person to which the act prohibited by the penal statute does harm, with the statement for crime, legal and actual complexity of materials of verification of the message on crime or the criminal case file, behavior of the victim, person to whom the act prohibited by the penal statute does harm, other participants of pre-judicial criminal proceeding, sufficiency and efficiency of actions of the prosecutor, head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator are considered, made for the purpose of timely initiation of legal proceedings, establishment of person which is subject to attraction as the suspect or the person accused of crime execution and also the general duration of pre-judicial criminal proceeding.
4. The circumstances connected with the organization of work of bodies of inquiry, investigation, prosecutor's office and court, and also consideration of criminal case by different instances cannot be taken into account as the bases for exceeding of reasonable times of implementation of criminal trial.
5. If after receipt of criminal case in court put long time is not considered and legal procedure is dragged out, interested persons have the right to file to the chairman of justices petition for acceleration of consideration of the case.
6. The application for acceleration of consideration of criminal case is considered by the chairman of justices in time no later than 5 days from the date of receipt of this petition. By results of consideration of the application the chairman of justices issues the motivated decree in which there can be fixed term of carrying out judicial session on case and (or) other legal proceedings for acceleration of consideration of the case can be taken.
1. Court, the prosecutor, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry and the investigator has no right to apply the Federal Law contradicting this Code.
2. Court, having established in course of production on criminal case discrepancy of the Federal Law or other regulatory legal act to this Code, makes the decision according to this Code.
3. Violation of regulations of this Code by court, the prosecutor, investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry or the investigator during criminal trial involves recognition inadmissible received by it by proofs.
4. Determinations of court, the judge's ruling, the prosecutor, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry, the investigator shall be legal, reasonable and motivated.
1. Justice on criminal case in the Russian Federation is performed only by court.
2. Nobody can be found guilty of crime execution and will subject to criminal penalty differently as according to the court verdict and according to the procedure, established by this Code.
3. The defendant cannot be deprived of the right to consideration of its criminal case in that court and that judge to which cognizance it is carried by this Code.
1. When implementing justice on criminal cases of the judge are independent and submit only to the Constitution of the Russian Federation and the Federal Law.
2. Judges consider and resolve criminal cases in the conditions excluding foreign impact on them. Intervention of state bodies, local government bodies, other bodies, organizations, officials or citizens in activities of judges for implementation of justice is forbidden and involves the responsibility established by the law.
3. Information on extra procedural appeals of the state bodies, local government bodies, other bodies, the organizations, officials or citizens who arrived to the criminal judges who are in their production or to the chairman of justices, his deputy, the chairman of judicial structure or the chairman of judicial board on the criminal cases which are in production of court is subject to the bringing to publicity and bringing to data of participants of legal proceedings by placement of this information on the official site of court on the Internet and is not the basis for carrying out legal proceedings or adoption of proceeding decisions on criminal cases.
1. During criminal trial implementation of the actions and decision making degrading honor of the participant of criminal trial, and also the address degrading it human dignity or creating danger to his life and health are prohibited.
2. None of participants of criminal trial can be exposed to violence, tortures, another to the cruel or degrading human dignity address.
1. Nobody can be detained on suspicion of crime execution or is taken into custody in case of absence on that the legal causes provided by this Code. To the judgment person cannot be subjected to detention for the term of more than 48 hours, and in the conditions of warlike situation - for the term of more than 30 days if person is suspected of making of heavy or especially serious crime.
2. Court, the prosecutor, the investigator, body of inquiry and the investigator shall exempt immediately any illegally detainee or imprisoned, or illegally placed in the medical organization providing medical care in stationary conditions or in the medical organization giving mental health services in stationary conditions or the over the term which is held in custody provided by this Code.
3. Person concerning whom as measure of restraint detention is chosen and also person who is detained on suspicion of crime execution shall contain in the conditions excluding threat of his life and to health.
1. Court, the prosecutor, the investigator, the investigator shall explain to the suspect, the person accused, the victim, the civil claimant, the civil defendant, and also other participants of criminal trial of their right, obligation and responsibility and to provide possibility of implementation of these rights.
2. In case of the consent of persons having witness immunity to give evidences the investigator, the investigator, the prosecutor and court shall warn specified persons that their indications can be used as proofs during further criminal proceeding.
3. In the presence of sufficient data that to the victim, the witness or other participants of criminal trial, and also their close relatives, relatives or close persons are threatened with murder, use of violence, destruction or damage of their property or other dangerous illegal acts, court, the prosecutor, the head of investigating body, the investigator, body of inquiry, the chief of body of inquiry the chief of division of inquiry and the investigator accept within the competence of the relation of specified persons of security measure, provided by articles 166 part nine, the 186th part two, 193rd part eight, 241 items 4 of part two and the 278th part five of this Code, and also other security measures, stipulated by the legislation the Russian Federation.
4. The harm done to person as a result of violation of its rights and freedoms by court and also the officials performing criminal prosecution is subject to compensation on the bases and according to the procedure which are established by this Code.
1. The dwelling is examined only with the consent of persons living in it or based on the judgment, except as specified, provided by part five of article 165 of this Code.
2. The search and dredging in the dwelling can be made based on the judgment, except as specified, provided by part five of article 165 of this Code.
1. Restriction of the right of the citizen for the mystery of correspondence, telephone and other negotiations, post, cable and other messages is allowed only based on the judgment.
2. Seizure of post and cable departures and their dredging in organizations of communication, control and record of telephone and other negotiations, receipt of information on connections between subscribers and (or) subscriber devices can be made only based on the judgment.
1. The person accused is considered innocent until his guilt in crime execution is proved in the procedure provided by this Code and is established by the court verdict which took legal effect.
2. The suspect or the person accused shall not prove the innocence. The burden of proof of accusation and confutation of the arguments given to protection of the suspect or person accused lies on the party of accusation.
3. All doubts in guilt of the person accused which cannot be eliminated according to the procedure established by this Code, are interpreted for benefit of the person accused.
4. The conviction cannot be based on assumptions.
1. Criminal trial is performed on the basis of competitiveness of the parties.
2. Functions of accusation, protection and permission of criminal case are separated from each other and cannot be assigned to the same body or the same official.
3. The court is not criminal prosecution authority, is not on the side of accusation or the party of protection. The court creates necessary conditions for execution by the parties of their procedural obligations and implementation of the rights granted to them.
4. The parties of accusation and protection are equal before court.
1. The right of defense which they can personally perform or by means of the defender and (or) the legal representative is provided to the suspect and the person accused.
2. Court, the prosecutor, the investigator and the investigator explain to the suspect and the person accused of their right and provide them opportunity to be protected by all methods and means which are not prohibited by this Code.
3. In the cases provided by this Code, obligatory participation of the defender and (or) legal representative of the suspect or person accused is provided with the officials performing criminal proceeding.
4. In the cases provided by this Code and other Federal Laws, the suspect and the person accused can use the help of the defender free of charge.
1. The judge, jury members, and also the prosecutor, the investigator, the investigator estimate proofs on the internal belief based on set of the proofs which are available in criminal case, being guided at the same time by the law and conscience.
2. No proofs have predefined force.
1. Criminal trial is conducted in Russian, and also in state languages of the republics entering the Russian Federation. In the Supreme Court of the Russian Federation, courts of cassation of the general jurisdiction, Appeal Courts of the general jurisdiction, public vessels production on criminal cases is conducted in Russian.
2. The right to make statements, to offer explanations and indications, to declare petitions, to bring claims, to get acquainted with the criminal case file, to appear in court in the native language or other language which they know, and also free of charge to use the help of the translator according to the procedure, established by this Code shall be explained and provided to the participants of criminal trial who are not knowing or insufficiently knowing language in which criminal proceeding is conducted.
3. If according to this Code investigative and court documents are subject to obligatory delivery to the suspect, the person accused, and also other participants of criminal trial, then the specified documents shall be translated into the native language of the corresponding participant of criminal trial or into language which he knows.
1. Actions (failure to act) and the judgments, the prosecutor, the head of investigating body, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry and the investigator can be appealed according to the procedure, established by this Code.
2. Each convict has the right to review of sentence by superior court according to the procedure, established by Chapters 45. 1, 47.1, 48.1 of this Code.
1. Depending on nature and weight of the committed crime criminal prosecution, including accusation in court, is performed in public, private and public and private procedure.
2. Criminal cases about the crimes provided by articles 115 part one, 116.1 part one and 128.1 part one of the Criminal Code of the Russian Federation are considered as criminal cases of private prosecution, are initiated precisely according to the statement of the victim, his legal representative, except as specified, provided by part four of this Article, and are subject to the termination in connection with conciliation of the victim with the person accused. Conciliation is allowed before removal of court to the consultative room for the resolution of sentence, and in Appeal Court - before removal of Appeal Court to the consultative room for decision on case.
3. Criminal cases of private and public accusation are brought precisely according to the statement of the victim or his legal representative, but are not subject to the termination in connection with conciliation of the victim with the person accused. Criminal cases about the crimes provided by Articles 116, 131 part one, the 132nd part one, the 137th part one, the 138th part one, the 139th part one, 144.1, 145, the 146th part one, the 147th part one, 159 parts five - the seventh the Criminal Code of the Russian Federation, and also criminal cases about the crimes provided by Articles 159 parts one - the fourth, 159.1 - 159.3, 159.5, 159.6, 160, of 165, the 176th part one, 177, of 180, 185 belong to criminal cases of private and public accusation. 1, 201 part one of the Criminal Code of the Russian Federation if they are made by the individual entrepreneur in connection with implementation of business activity by it and (or) management of the property belonging to it used for the purpose of business activity or if these crimes are committed by the member of governing body of the commercial organization in connection with implementation of powers by it on management of the organization or in connection with implementation of business or other economic activity by the commercial organization. Criminal cases about the crimes provided by Articles 159 - 159.3, 159.5, 159.6, 160, of 165, by the 176th part one, 177, of 180, 185.1, 201 part one of the Criminal Code of the Russian Federation, in cases cannot be referred to criminal cases of private and public accusation if the crime does harm to interests state or municipal unitary enterprise, the state corporation, state-owned company, the commercial organization with participation in the authorized (share) capital (share fund) of the state or the municipality or if subject of crime was the state-owned or municipal property.
4. The head of investigating body, the investigator, and also with the consent of the prosecutor the investigator bring criminal case about any crime specified in parts two and third this Article and in the absence of the statement of the victim or his legal representative if this crime is committed concerning person who owing to dependent or helpless condition or for other reasons cannot protect the rights and legitimate interests. Also the case of crime execution by person, data on which are not known, belongs to other reasons.
5. Criminal cases, except for the criminal cases specified in parts two and third this Article are considered as criminal cases of public accusation.
1. Criminal prosecution on behalf of the state on criminal cases of public and private and public accusation is performed by the prosecutor, and also the investigator and the investigator.
2. In each case of detection of essential elements of offense the prosecutor, the investigator, body of inquiry and the investigator take the measures for establishment of event of crime, exposure of person or persons guilty of crime execution provided by this Code.
3. The head of investigating body, the investigator, and also with the consent of the prosecutor the investigator in the cases provided by part four of article 20 of this Code are authorized to perform criminal prosecution on criminal cases irrespective of declaration of will of the victim.
4. The requirements, orders and requests of the prosecutor, head of investigating body, the investigator, body of inquiry and the investigator shown within their powers established by this Code are obligatory for execution by all organizations, companies, organizations, officials and citizens.
5. The prosecutor has the right to sign after initiation of legal proceedings with the suspect or the person accused the pre-judicial agreement on cooperation.
The victim, his legal representative and (or) the representative has the right to participate in criminal prosecution of the person accused, and on criminal cases of private prosecution - to push and hold charges according to the procedure, established by this Code.
If the act provided by Chapter 23 of the Criminal Code of the Russian Federation did harm to interests of exclusively commercial or other organization which is not the state or municipal company or the organization with participation in the authorized (share) capital (share fund) of the state or the municipality and did not do harm to interests of other organizations, and also interests of citizens, societies or the states, then criminal case is brought according to the statement of the head of this organization or from its consent. Damnification to interests of the organization with participation in the authorized (share) capital (share fund) of the state or the municipality at the same time involves damnification to interests of the state or municipality.
1. Criminal case cannot be brought, and the brought criminal case is subject to the termination on the following bases:
1) absence of evidence of a crime;
2) absence in act of actus reus;
3) expiration of prescriptive limits of criminal prosecution;
4) the death of the suspect or person accused, except as specified, when criminal proceeding is necessary for rehabilitation of the dead;
5) lack of the statement of the victim if criminal case can be brought precisely according to its statement, except as specified, provided by part four of article 20 of this Code, or absence of the private prosecutor in judicial session without valid excuse;
6) lack of the conclusion of court about availability of essential elements of offense in actions of one of persons specified in Items 2 and 2.1 of part one of article 448 of this Code or lack of consent according to the Federation Council, the State Duma, the Constitutional Court of the Russian Federation, qualification board of judges on initiation of legal proceedings or attraction as the person accused of one of persons specified in Items 1 and 3 - 5 parts one of article 448 of this Code;
7) payment in full the amounts of shortage and the corresponding penalty fee, the penalty amount according to the procedure and the size, determined in accordance with the legislation of the Russian Federation about taxes and fees and (or) the legislation of the Russian Federation on compulsory social insurance from labor accidents and occupational diseases, based on part one of article 76.1 of the Criminal Code of the Russian Federation.
2. Criminal case is subject to the termination on the basis, stipulated in Item 2 parts one of this Article in case to the introduction of sentence in legal force crime and punishability of this act were eliminated with the new penal statute.
3. The termination of criminal case involves at the same time the termination of criminal prosecution.
4. Criminal case is subject to the termination in case of the termination of criminal prosecution concerning all suspects or persons accused, except as specified, of stipulated in Item 1 part one of article 27 of this Code.
Court, and also the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor of the victim having the right based on the statement or his legal representative to dismiss criminal case against person, the suspect or the person accused of crime execution of small or average weight, of cases, stipulated in Article 76 Criminal Codes of the Russian Federation if this person conciliated with the victim and smoothed down the harm done to it.
1. Court on own initiative or by results of consideration of the petition submitted the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor, according to the procedure, established by this Code, in cases, the stipulated in Article 76.2 Criminal Codes of the Russian Federation having the right to dismiss criminal case or criminal prosecution against person, the suspect or the person accused of crime execution of small or average weight if this person indemnified loss or otherwise smoothed down the harm done by crime and to appoint to this person measure of criminal and legal nature in the form of judicial penalty.
2. The termination of criminal case or criminal prosecution in connection with purpose of measure of criminal and legal nature in the form of judicial penalty is allowed at any moment of criminal proceeding before removal of court to the consultative room for the resolution of sentence, and in Appeal Court - before removal of Appeal Court to the consultative room for decision on case.
Voided
1. Criminal prosecution concerning the suspect or the person accused stops on the following bases:
1) non-participation of the suspect or person accused in crime execution;
2) the termination of criminal case on the bases provided by Items 1 - 6 parts one of Article 24 of this Code;
3) owing to the act of amnesty;
4) availability concerning the suspect or the person accused of the sentence which took legal effect on the same accusation or determinations of court or the judge's ruling on the termination of criminal case on the same accusation;
5) availability concerning the suspect or the charged not repealed resolution of body of inquiry, the investigator or the prosecutor on the termination of criminal case on the same accusation or about refusal in initiation of legal proceedings;
6) refusal of the State Duma of Federal Assembly of the Russian Federation in consent on deprivation of immunity of the President of the Russian Federation who stopped execution of the powers, and (or) refusal of the Federation Council in deprivation of immunity of this person.
2. The termination of criminal prosecution on the bases specified in part one Items 3 and 6 of Article 24, Articles 25, 25.1, 28, 28.1 and 28.2 of this Code and also Items 3 and 6 of part one of this Article, is not allowed if the suspect or the person accused objects to it. In that case criminal proceeding continues regularly.
2.1. The repeated termination of criminal prosecution on the bases specified in Item 3 parts one of Article 24, Articles 25, 25.1, 28, 28.1 and 28.2 of this Code and also Item 3 parts one of this Article, after cancellation of the resolution on the termination of criminal prosecution on these bases is not allowed if the suspect or the person accused objects to it.
2.2. If criminal proceeding is continued regularly in connection with availability of objections of the suspect or person accused against the termination of criminal prosecution on the basis specified in Item 3 parts one of Article 24 of this Code, and criminal case is not brought to trial or not stopped on other basis according to the procedure, established by this Code, criminal prosecution is subject to the termination on the basis, stipulated in Item 1 part one of this Article, after two months of production of preliminary inquiry from the moment of the expiration of prescriptive limits of criminal prosecution concerning person, the suspect or the person accused of crime execution of small weight, three months - concerning person, the suspect or the person accused of crime execution of average weight, 12 months - concerning person, the suspect or the person accused of making of heavy or especially serious crime.
3. Criminal prosecution concerning person which did not reach by the time of making of the act provided by the penal statute, age from which there comes criminal liability, is subject to the termination on the basis specified in Item 2 parts one of Article 24 of this Code. On the same basis criminal prosecution and concerning the minor who though reached age from which there comes criminal liability is subject to the termination, but owing to the lagging in mental development which is not connected with mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) and direct them at the time of making of the act provided by the penal statute.
4. In the cases provided by this Article the termination of criminal prosecution concerning the suspect accused without the termination of criminal case is allowed.
1. Court, and also the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor has the right to stop criminal prosecution concerning person, the suspect or the person accused of crime execution of small or average weight, of the cases provided by part one of article 75 of the Criminal Code of the Russian Federation.
2. The termination of criminal prosecution of person on criminal case about crime of other category in case of active repentance of person of the committed crime is performed by court, and also the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor only in the cases which are specially provided by the relevant articles of the Special part of the Criminal Code of the Russian Federation.
3. Before the termination of criminal prosecution the bases of its termination according to parts one both the second this Article and the right to object to the termination of criminal prosecution shall be explained to person.
4. The termination of criminal prosecution on the bases specified in part one of this Article is not allowed if person concerning whom criminal prosecution stops objects to it. In this case criminal proceeding continues regularly.
1. Court, and also the investigator with the consent of the head of investigating body stops criminal prosecution concerning person, the suspect or the person accused of crime execution provided by Articles 198 - 199.1, 199.3, 199.4 of the Criminal Code of the Russian Federation, in the presence of the bases provided by Articles 24 and 27 of this Code or part one of article 76.1 of the Criminal Code of the Russian Federation if the damage caused to budget system of the Russian Federation as a result of crime is compensated in full.
2. For the purpose of this Article compensation of the damage caused to budget system of the Russian Federation is understood as payment in full of shortage, penalty fee and penalties according to the procedure and the size, the determined in accordance with the legislation of the Russian Federation about taxes and fees and (or) the legislation of the Russian Federation on compulsory social insurance from labor accidents and occupational diseases taking into account provided by tax authority or territorial authority of the insurer of calculation of the size of penalty fee and penalties.
3. Court, and also the investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor stops criminal prosecution concerning person, the suspect or the person accused of crime execution provided by Articles 146 parts one and the second, the part three Item "in", the 147th part one, 159 parts five - the seventh, 159.1 part one, 159.2 part one, 159.3 part one, 159.5 part one, 159.6 part one, the 160th part one, the 165th part one and the Item of part two, 170.2, 171 part one, 171.1 parts one and the first. 1, 171.5, 172 part one and Item of part two, 176, 177, 178th part one and Item "in" of part two, 180 parts one and second, 185 parts one and the second, 185.1, 185.2 part one, 185.3 part one, 185.4 part one, 185. 6, 191 parts two and the fourth, 192, 193rd part one and the Item "and" of part two, 194 parts one and the second, 195 - 197 and 199.2 Criminal Codes of the Russian Federation, in the presence of the bases provided by Articles 24 and 27 of this Code and in the cases provided by part two of article 76.1 of the Criminal Code of the Russian Federation.
3.1. Court, and also the investigator with the consent of the head of investigating body stops criminal prosecution concerning person, the suspect or the person accused of crime execution, stipulated in Article 193, parts one and the second Article 194, Articles 198 - 199.2 Criminal Codes of the Russian Federation, in the presence of the bases provided by part three of article 76.1 of the Criminal Code of the Russian Federation.
3.2. In case of disagreement of the head of investigating body with the termination of criminal prosecution according to part tretyey.1 this Article it issues the motivated decree on refusal in the termination of criminal prosecution and on the made decision without delay are notified person concerning whom criminal case, the Prosecutor General of the Russian Federation and the Comissioner for the President of the Russian Federation on protection of the rights of entrepreneurs is brought.
4. Before the termination of criminal prosecution to person the bases of its termination according to parts one shall be explained, to third and tretyey.1 this Article and the right to object to the termination of criminal prosecution.
5. The termination of criminal prosecution on the bases specified in parts one, third and tretyey.1 this Article is not allowed if person concerning whom criminal prosecution stops objects to it. In this case criminal proceeding continues regularly.
1. The investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor stops criminal prosecution concerning person, the suspect or the person accused of crime execution concerning which preliminary inquiry was suspended according to the petition of command of military unit (organization), in case of receipt of information from authorized bodies on the cases provided by part one of article 78.1 of the Criminal Code of the Russian Federation.
2. Before the termination of criminal prosecution the investigator or the investigator explains to person specified in parts one of this Article, the basis of its termination, the right to object to the termination of criminal prosecution and receives consent to the termination of criminal prosecution or objection against such decision. Concerning person which is during the termination of criminal prosecution in the place of passing of military service, the explanation of procedure for the termination of criminal prosecution and receipt of consent to the termination of criminal prosecution or objection against such decision are performed by persons specified in Item 3 parts one of article 40 of this Code.
3. The termination of criminal prosecution on the bases specified in part one of this Article is not allowed if person concerning whom criminal prosecution stops objects to it. In this case criminal proceeding continues regularly.
4. The order of interaction of command of military units (organizations) and investigating bodies (bodies of inquiry) concerning the termination of criminal prosecution in connection with passing by the suspect or the person accused of military service in the Armed Forces of the Russian Federation during mobilization, in the period of warlike situation or in wartime is determined by joint solutions of the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense, the Investigative Committee of the Russian Federation, the Prosecutor General's Office of the Russian Federation, federal executive bodies into which power implementation of preliminary inquiry is included.
1. Only the court is competent:
1) to find person guilty of crime execution and to impose to it penalty;
To apply 2) to person enforcement powers of medical nature according to requirements of Chapter of 51 of this Code;
To apply 3) to person enforcement powers of educational impact according to requirements of Chapter 50 of this Code;
3. To stop 1) on the bases, stipulated in Article 25.1 of this Code, concerning person, the suspect or the person accused of crime execution of small or average weight, criminal case or criminal prosecution with purpose of measure of criminal and legal nature in the form of judicial penalty according to requirements of Chapter 51.1 of this Code;
4) to cancel or change the decision made by subordinate court.
2. Only the court, including during pre-judicial production, is competent to make decisions:
1) about election of measure of restraint in the form of detention, house arrest, pledge, prohibition of certain actions;
2) about prolongation of term of detention, term of house arrest, term of application of pledge, term of prohibition of certain actions;
2. 1) about the temporary placement of the suspect, the person accused who is held in custody to the medical organization giving mental health services in stationary conditions;
2. 2) about prolongation of term of temporary stay of the suspect, the person accused who is held in custody of the medical organization giving mental health services in stationary conditions;
3) about the placement of the suspect accused, who is not in custody to the medical organization providing medical care in stationary conditions or in the medical organization giving mental health services in stationary conditions for production according to medicolegal or forensic-psychiatric examination;
3. 1) about compensation of property harm;
4) about production of survey of the dwelling in the absence of the consent of persons living in it;
5) about production of search and (or) dredging in the dwelling;
5. 1) o production of dredging of the item pawned or checked in pawnshop;
5. 2) about production of search, survey and dredging concerning the lawyer according to Article 450.1 of this Code;
6) about production of personal search, except as specified, stipulated in Article 93 of this Code;
7) about production of dredging of the objects and documents containing the state or protected by the Federal Law other secret and also the objects and documents containing information on deposits and accounts of citizens in banks and other credit institutions;
8) about seizure of correspondence, permission to its survey and dredging in organizations of communication;
9. 1) about establishment of term of the arrest imposed property and its prolongation according to the procedure provided by this Code;
10) about temporary discharge of the suspect or person accused from position according to article 114 of this Code;
10. 1) about realization, about utilization or destruction of the physical evidences specified in the subitem "v" of Item 1, subitems "b", "v" of Item 2, Items 3 and 6 - 8, the subitem "g" of Item 9, Item 10 parts two of Article 82 of this Code;
10. 2) about transfer of gratuitously physical evidences specified in the subitem "v" of Item 9 parts two of Article 82 of this Code;
11) about control and record of telephone and other negotiations;
12) about receipt of information on connections between subscribers and (or) subscriber devices;
13) about permission of cancellation of the resolution on the termination of criminal case or criminal prosecution in the case provided by part pervoy.1 articles 214 of this Code.
3. The court is competent during pre-judicial production to consider claims to actions (failure to act) and decisions of the prosecutor, the investigator, body of inquiry, the chief of body of inquiry, the chief of division of inquiry and the investigator in cases and procedure which are stipulated in Article the 125th of this Code.
4. If in case of judicial review of criminal case the circumstances promoting crime execution are revealed, violations of the rights and freedoms of citizens, and also other violations of the law allowed in case of production of inquiry, pretrial investigation or by consideration of criminal case by subordinate court, then court have the right to take out private determination or the resolution in which the attention of the relevant organizations and officials to these circumstances and the facts of violations of the law requiring acceptance of necessary measures is drawn. The court has the right to take out private determination or the resolution and in other cases if recognizes it necessary.
1. Consideration of criminal cases is performed by court jointly or the judge solely. The structure of court for consideration of each criminal case is created taking into account loading and specialization of judges by use of the automated information system. In case of impossibility of use in court of the automated information system forming of structure of court in other procedure excluding influence on its forming of persons interested in the result of legal proceedings is allowed.
2. The Trial Court considers criminal cases in the following structure:
1) the judge of federal court of the general jurisdiction - criminal cases about all crimes, except for the criminal cases specified in Items 2 - the 4th this part;
2) the judge of the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court and board from eight jury members - according to the petition of the person accused criminal cases about the crimes specified in Item of 1 part three of Article of 31 of this Code, except for criminal cases about the crimes provided by Articles 131 parts five, the 132nd part five, the 134th part six, the 210th part four, 210.1, 212 part one, 275, 275.1, 276, of 278, of 279, 280.2, 281 - 281.3 of the Criminal Code of the Russian Federation;
2. 1) the judge of district court, garrison military court and board from six jury members - according to the petition of the person accused criminal cases about the crimes provided by articles 105 part two, 228.1 part five, 229.1 part four, 277, of 295, 317 and 357 Criminal Codes of the Russian Federation under which as the most severe looking penalties cannot be imposed lifelong imprisonment or capital punishment according to provisions of part four of Article 66 and part four of article 78 of the Criminal Code of the Russian Federation, criminal cases about the crimes provided by articles 105 part one and the 111th part four of the Criminal Code of the Russian Federation, except for criminal cases about the crimes committed by persons aged up to eighteen years;
3) board from three judges of federal court of the general jurisdiction - criminal cases about the crimes provided by Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, the 211th part four, the 212th part one, 275, 275.1, 276, of 278, of 279, 280.2, 280.4, 281 parts two and the third, 281.1 - 281.3 Criminal Codes of the Russian Federation, and other criminal cases, cognizable to district (naval) public courts according to Items 2 - 4 parts six of Article of 31 of this Code, and also criminal cases about the crimes provided by articles 105 part two, the 126th part three, 131 parts three - heel, 132 parts three - heel, 134 parts four - the sixth, 208 parts one and third, 209, 210 parts one, the first. 1, the third and fourth, 210. 1, 211 parts one - third, 227, 228.1 part five, 229.1 part four, 277, 281 part one, 295, 317, 353 - 360 Criminal Codes of the Russian Federation, in the presence of the petition of the person accused declared before purpose of judicial session according to Article of 231 of this Code;
4) the magistrate judge - criminal cases, cognizable to it according to part one of Article of 31 of this Code.
3. Consideration of criminal cases in appeal procedure is performed:
1) in district court - the judge of district court solely;
2) in the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court - court as a part of three judges, except for criminal cases about crimes of small and average weight, and also criminal cases with the appeal claim, representation to partial decisions of district court, garrison military court which are considered by the judge of the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court solely;
3) in Appeal Court of the general jurisdiction, Appeal military court - court as a part of three judges, except for criminal cases with the appeal claim, representation to partial decisions of the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court which are considered by the lord justice of appeal of the general jurisdiction, Appeal military court solely.
4. Consideration of criminal cases in cassation procedure is performed:
1) judicial board on criminal cases of court of cassation of the general jurisdiction, cassation military court as a part of three judges, except for criminal cases about crimes of small and average weight, and also criminal cases with the cassation claim, representation to partial decisions of the magistrate judge, district court, garrison military court, Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court which are considered by the judge of court of cassation of the general jurisdiction, cassation military court solely;
2) Judicial board on criminal cases of the Supreme Court of the Russian Federation, Judicial board for the military personnel of the Supreme Court of the Russian Federation as a part of three judges.
4.1. Consideration of criminal cases according to the procedure of supervision is performed by most of members of Presidium of the Supreme Court of the Russian Federation.
5. By consideration of criminal case by court as a part of three judges of federal court of the general jurisdiction one of them presides in judicial session.
6. Criminal cases, cognizable to the magistrate judge, the made persons specified in part five of Article of 31 of this Code are considered by judges of garrison public courts solely according to the procedure, established by Chapter of 41 of this Code. In these cases the sentence and the resolution can be appealed in appeal procedure.
1. To the magistrate judge criminal cases about crimes for which making maximum punishment does not exceed three years of imprisonment, except for criminal cases about the crimes provided by articles 107 part one, 108, 109 parts one and the second, 116.1, 134, of 135, the 136th part one, the 146th part one, the 147th part one, 151.1, 157, 158.1, 170, 170.2, 171 part one, 171.1 parts one, the third and fifth, 171.3 parts one and the first are jurisdictional. 1, 171.4, 171.5, 174 parts one and second, 174.1 part one and the second, 177, 178th part one, 183rd part one, 185, 191 part one, 191.1 parts one and second, 193rd part one, 193.1 part one, 194th part one, 195 parts one, second and third, 198, 199th part one, 199.1 part one, 199.2 part one, 199.3, 199.4 part one, 200.1, 201 part one, 202nd part one, 205. 6, 207, 207.1, 207.2 part one, 207.3 part one, 212th part three, 215th part one, 215.1 part one, 215.3 part one, 215.4 part one, 216th part one, 217th part one, 217.2 part one, 219th part one, 220th part one, 223rd part four, 225th part one, 228th part one, 228.2, 228.3, 234 parts one and fourth, 234.1 part one, 235th part one, 236th part one, 237th part one, 238th part one, 239, 243rd part one, 243.1, 243.2 part one, 243.3 part one, 243.4 part one, 244th part two, 247th part one, 248th part one, 249, 250 parts one and second, 251 parts one and second, 252 parts one and second, 253 parts one and second, 254 parts one and the second, 255, 257, 259, 262, 263rd part one, 264th part one, 264.1, 264.2, 264. 3, 266th part one, 270, 271, 272nd part one, 273rd part one, 274th part one, 274.2, 280.3 part one, 284.2, 285.1 part one, 285.2 part one, 286.1 part one, 287th part one, 288, 289, 292, 293 parts one and the first. 1, 294 parts one and the second, 296 parts one and the second, 297, 298.1, 301 part one, the 302nd part one, 303 parts one and the second, 306 parts one and the second, 307th part one, 309 parts one and the second, 311th part one, 314.1, 315 part one, 316, 321.1, 322 part one, 323rd part one, 327 parts one - the third, 327.1 part one, 328 and 330.3 Criminal Codes of the Russian Federation.
2. To district court criminal cases about all crimes, except for the criminal cases specified in parts one (regarding cognizance of criminal cases to the magistrate judge) and third this Article are jurisdictional.
3. To the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court are jurisdictional:
1) criminal cases about the crimes provided by articles 105 part two, 131 parts five, the 132nd part five, the 134th part six, 228.1 part five, 229.1 part four, 277, 281 parts three, 295, of 317, 357 Criminal Codes of the Russian Federation, except for criminal cases about the crimes committed by persons aged up to eighteen years, and criminal cases on which as the most severe looking penalties cannot be imposed lifelong imprisonment or capital punishment according to Article part four provisions 62, of part four of Article 66 and part four of article 78 of the Criminal Code of the Russian Federation, and also criminal cases about the crimes provided by articles 126 part three, 209, the 210th part four, 210.1, 211 parts one - the third, 212th part one, 227, of 275, 275.1, 276, of 278, of 279, 280.2, 281 parts one and the second, 281.1 - 281. 3, 353 - 356, 358, 359, 360 Criminal Codes of the Russian Federation;
2) criminal cases concerning senator of the Russian Federation, the deputy of the State Duma, the judge of the Constitutional Court of the Russian Federation, the judge of federal court of the general jurisdiction or federal Arbitration Court, the magistrate judge according to their petition declared prior to legal proceedings;
3) criminal cases which materials contain the data which are the state secret.
4. Ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2010 No. 433-FZ.
5. The garrison military court considers criminal cases about all crimes committed by the military personnel and citizens undergoing military charges, except for criminal cases, cognizable to superior public courts.
6. To district (naval) military court are jurisdictional:
1) the criminal cases specified in part three of this Article concerning the military personnel and citizens undergoing military charges, and also criminal cases submitted to the specified court according to parts four - the seventh article 35 of this Code;
2) criminal cases about the crimes provided by Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, the 211th part four, 361 Criminal Code of the Russian Federation;
3) criminal cases about the crimes provided by Articles 277, of 278, 279 and 360 Criminal Codes of the Russian Federation if their making is integrated to implementation of terrorist activities;
4) criminal cases about crimes for which in case of assignment of punishment the aggravating circumstance, stipulated in Item "р" parts one of article 63 of the Criminal Code of the Russian Federation is subject to accounting.
6.1. Voided according to the Federal Law of the Russian Federation of 27.11.2023 No. 562-FZ
7. Voided
7.1. If cases on the crimes committed by the group of persons, group of persons by previous concert organized by group or criminal society are jurisdictional to military court concerning at least one of accomplices, and allocation of criminal case concerning other persons is impossible, the specified cases in the relation of all persons are considered by the relevant military court.
8. The military courts which are deployed outside the territory of the Russian Federation by consideration of criminal cases in the cases provided by the Federal constitutional Law are guided by this Code.
9. The district court and military court of appropriate level accept during pre-judicial criminal proceeding of the decision, specified in parts two and third article 29 of this Code.
10. Cognizance of the civil action following from criminal case is determined by cognizance of criminal case in which it is shown.
1. Criminal case is subject to consideration in court in the place of crime execution, except as specified, provided by parts four, heel and pyatoy.1 this Article, and also article 35 of this Code.
2. If the crime was begun in the place to which jurisdiction of one court extends, and ended in the place to which jurisdiction of other court extends, then this criminal case is jurisdictional to court in the place of the termination of crime.
3. If crimes are committed in different places, criminal case is considered by court which jurisdiction extends to that place where the majority of the crimes investigated on this criminal case is made or the heaviest of them is made.
4. If the crime is committed outside the Russian Federation and preliminary inquiry of criminal case was performed in the territory of the Russian Federation according to article 459 of this Code on the bases, stipulated in Article 12 Criminal Codes of the Russian Federation, criminal case is considered by court which jurisdiction extends to the residence or the place of stay of the victim in the Russian Federation or to the residence or the place of stay of the person accused in the Russian Federation if the victim lives or stays outside the Russian Federation.
5. Criminal case of private prosecution or the statement of the victim for the crime committed by the citizen of the Russian Federation concerning the citizen of the Russian Federation outside the Russian Federation is subject to consideration by the magistrate judge whose jurisdiction extends to the territory in which the victim or the person accused lives.
5.1. If the crime is committed outside the Russian Federation and preliminary inquiry of criminal case was performed in the territory of the Russian Federation according to part chetvertoy.1 Articles 152 of this Code on the bases, stipulated in Article 12 Criminal Codes of the Russian Federation, criminal case is considered by court which jurisdiction extends to the territory in which preliminary inquiry was ended.
6. The question of change of territorial cognizance of the criminal cases specified in parts four and the fifth this Article is allowed according to the procedure, stipulated in Clause the 35th of this Code.
1. In case of accusation of one person or group of persons in making of several crimes about which criminal cases are jurisdictional to courts of different levels criminal case about all crimes is considered by superior court if separate consideration of criminal cases by courts can affect comprehensiveness and objectivity of their permission.
2. Voided according to the Federal Law of the Russian Federation of 29.12.2010 No. 433-FZ.
1. The judge, having determined in case of permission of question of purpose of judicial session that the arrived criminal case not to jurisdictional this court, issues the decree on the direction of this criminal case on cognizance.
2. Court, having determined that the criminal case which is in its production is jurisdictional to other court of the same level, have the right to leave with the consent of the defendant this criminal case in the production, but only if it already started its consideration in judicial session.
3. If criminal case to jurisdictional superior court or military court, then it in all cases is subject to transfer on cognizance.
1. Territorial cognizance of criminal case can be changed:
1) according to the petition of the party - in case of satisfaction according to article 65 of this Code of the branch declared by it to all structure of the relevant court;
2) according to the petition of the party or at the initiative of the chairman of justices in which criminal case arrived, - in cases:
a) if all judges of this court took part in production on the considered criminal case earlier that 63 of this Code are the basis for their branch according to Article;
b) if not all participants of criminal trial on this criminal case live in the territory to which jurisdiction of this court extends, and all persons accused agree to change of territorial cognizance of this criminal case;
c) if there are circumstances which can call into question objectivity and impartiality of court in case of decision making on case.
1.1. The petition for change of territorial cognizance of criminal case on the bases specified in part one of this Article, the parties give to superior court through court in which criminal case arrived. The judge in whose production there is criminal case returns the petition to person which gave it if the petition does not meet the requirements of parts one - vtoroy.1 this Article.
2. Change of territorial cognizance of criminal case on the bases specified in part one of this Article is allowed only prior to legal proceedings.
2.1. Change of territorial cognizance of criminal cases, cognizable to district (naval) public courts according to Items 2 - 4 parts six of Article of 31 of this Code, is not allowed.
3. The question of change of territorial cognizance of criminal case on the bases specified in part one of this Article is allowed by the judge of superior court according to the procedure, established by parts three, the fourth and sixth article 125 of this Code, till 10 days from the date of receipt of the petition.
4. According to the petition of the Prosecutor General of the Russian Federation or his deputy (further - the petition) criminal case at least about one of the crimes provided by Articles 208, of 209, 211 parts one - the third, 277 - 279 and 360 Criminal Codes of the Russian Federation if there is real threat of personal security of participants of legal proceedings, their close relatives, relatives or close persons, according to the decision of the Supreme Court of the Russian Federation can be transferred for consideration to district (naval) military court in the place of crime execution.
5. The question of change of territorial cognizance of criminal case on the bases specified in part four of this Article is allowed by the judge of the Supreme Court of the Russian Federation, in judicial session with participation of the prosecutor, person accused and his defender till 15 days from the date of receipt of the petition.
6. At the beginning of the meeting the judge announces what petition is subject to consideration, explains to persons of their right and obligation which were in judicial session. Then the prosecutor proves the petition then other persons which were in judicial session are heard. By a court decision the person accused participates in judicial session by use of systems of video conferencing.
7. By results of consideration of the petition the judge takes out one of the following resolutions:
1) about satisfaction of the petition and the direction of criminal case for consideration in the relevant district (naval) military court;
2) about refusal in satisfaction of the petition.
Disputes on cognizance between courts are not allowed. Any criminal case submitted from one court to another according to the procedure, established by Articles 34 and 35 of this Code, is subject to unconditional acceptance to production by that court to which it is transferred.
1. The prosecutor is the official authorized within the competence provided by this Code to perform on behalf of the state criminal prosecution during criminal trial, and also supervision of procedural activities of bodies of inquiry and bodies of pretrial investigation.
2. During pre-judicial criminal proceeding the prosecutor is authorized:
1) to check execution of requirements of the Federal Law in case of acceptance, registration and permission of messages on crimes;
2) to issue the motivated decree on the direction of the corresponding materials in investigating body or body of inquiry for the solution of question of criminal prosecution on the facts of the violations of the penal legislation revealed by the prosecutor;
3) to demand from bodies of inquiry and investigating bodies of elimination of the violations of the federal legislation allowed in case of acceptance, registration and permission of messages on crimes, production of inquiry or pretrial investigation;
To give 4) to the investigator written instructions about the direction of investigation, production of legal proceedings;
5) to agree to the investigator to excitement before court of the petition for election, cancellation or change of measure of restraint or about production of other legal proceeding which is allowed based on the judgment;
5. 1) to request and check legality and justification of decisions of the investigator or head of investigating body on refusal in excitement, suspension or the termination of criminal case and to make according to them the decision according to this Code;
5. 2) to consider the petition for the conclusion of the pre-judicial agreement on cooperation and the resolution of the investigator on excitement before the prosecutor of the petition for the conclusion with the suspect or the person accused of the pre-judicial agreement on cooperation, to issue the decree on satisfaction of such petition or on refusal in its satisfaction, to sign the pre-judicial agreement on cooperation, to issue the decree on change or on cancellation of such agreement according to the procedure and on the bases provided by this Code and also to take out idea of special procedure for carrying out judicial session and adjudication on criminal case concerning the person accused with whom the pre-judicial agreement on cooperation is signed;
6) to repeal illegal or unreasonable resolutions of the subordinate prosecutor, and also illegal or unreasonable resolutions of body of inquiry, the chief of body of inquiry, the chief of division of inquiry and the investigator according to the procedure, established by this Code;
7) to consider information of the investigator on disagreement provided by the head of investigating body with requirements of the prosecutor and to make on it the decision;
8) to participate in judicial sessions by consideration during pre-judicial production of questions of election of measure of restraint in the form of detention, about prolongation of term of detention or about cancellation or change of this measure of restraint, and also by consideration of petitions for production of other legal proceedings which are allowed based on the judgment, and by consideration of claims according to the procedure, stipulated in Clause the 125th of this Code;
8. 1) in the presence of the bases to initiate before court the petition for prolongation of term of prohibition of certain actions, term of house arrest or term of detention on the criminal case which arrived or taken to court with the indictment or the resolution on the direction of criminal case in court for application of enforcement power of medical nature and also the petition for permission of cancellation of the resolution on the termination of criminal case or criminal prosecution in the case provided by part pervoy.1 articles 214 of this Code;
9) to resolve the branches declared to the investigator and also its rejections;
10) to discharge the investigator of further production of investigation if it allows violation of requirements of this Code;
11) to withdraw any criminal case from body of inquiry and to transfer him to the investigator with obligatory specifying of the bases of such transfer;
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