of July 15, 1995 No. 103-FZ
About detention of suspects and the crimes accused of making
Accepted by the State Duma of the Russian Federation on June 21, 1995
This Federal Law regulates procedure and determines conditions of detention, guarantees of the rights and legitimate interests of persons who according to the Code of penal procedure of the Russian Federation are detained on suspicion of crime execution, and also persons, suspects and the crimes accused of making concerning which according to the Code of penal procedure of the Russian Federation the measure of restraint in the form of detention is chosen.
For the purposes of this Federal Law the following basic concepts are used:
the suspect and the person accused - persons who according to the Code of penal procedure of the Russian Federation are detained on suspicion of crime execution or concerning which the measure of restraint in the form of detention is chosen.
Detention of suspects and the crimes accused of making (further - detention) is performed for the purpose of, provided by the Code of penal procedure of the Russian Federation.
Detention is performed according to the principles of legality, justice, presumption of innocence, equality of all citizens before the law, humanity, respect of human dignity, according to the Constitution of the Russian Federation, the principles and rules of international law, and also international treaties of the Russian Federation and shall not be followed by the tortures, other actions aiming at causing physical or moral sufferings by the suspect and person accused of making of crimes who is held in custody (further - suspects and persons accused).
The basis of detention of persons detained on suspicion of making of crimes is the protocol of detention constituted according to the procedure, established by the Code of penal procedure of the Russian Federation.
The basis of detention of suspects and persons accused concerning whom as measure of restraint detention is chosen is the judgment passed according to the procedure, established by the Code of penal procedure of the Russian Federation.
Suspects and persons accused of making of crimes are considered innocent until their guilt is proved in the procedure provided by the Federal Law and is established by the court verdict which took legal effect. They have the rights and freedoms and perform the duties established for citizens of the Russian Federation with the restrictions provided by this Federal Law and other Federal Laws.
Suspects and the accused foreign citizens and persons without citizenship who are held in custody in the territory of the Russian Federation perform duties and have the rights and freedoms established for the citizens of the Russian Federation, except as specified, provided by the Constitution of the Russian Federation, this Federal Law and other Federal Laws, and also international treaties of the Russian Federation.
Discrimination of suspects and persons accused on bases of sex, races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also on other circumstances is not allowed.
Places of detention of suspects and persons accused are:
pre-trial detention centers of criminal executive system;
temporary detention centers of suspects and persons accused of law-enforcement bodies;
temporary detention centers of suspects and persons accused of boundary bodies of the Federal Security Service.
In the cases provided by this Federal Law, the organizations of criminal executive system performing criminal penalty in the form of imprisonment (further - the organizations performing punishments), and guardrooms can be places of detention of suspects and persons accused.
In cases when detention on suspicion of crime execution is performed according to the Code of penal procedure of the Russian Federation captains of the ocean ships which are in long voyage or chiefs of winterings in absence period of transport bonds with winterings, suspects contain in rooms which are determined by the specified officials and are adapted for these purposes.
Person or body in whose production there is criminal case shall inform without delay one of close relatives of the suspect or the person accused on the place or on change of the place of its detention.
Person or body in whose production there is criminal case withdraws from the suspect or the person accused the passport of the citizen of the Russian Federation (in the presence) and (or) other identity document, for attaching to the personal record of the specified suspect or the person accused. In case of release from custody to the suspect or the person accused the passport of the citizen of the Russian Federation and (or) other identity document return.
For the purpose of control within the competence without special permission to visit pre-trial detention centers of criminal executive system, temporary detention centers of suspects and persons accused of law-enforcement bodies and boundary bodies of the Federal Security Service, and also the guardrooms used for detention of suspects and persons accused of the cases provided by this Federal Law have the right:
President of the Russian Federation;
Russian Prime Minister;
Commissioner for Human Rights in the Russian Federation;
The Minister of Justice of the Russian Federation (in case of visit of pre-trial detention centers of criminal executive system);
representatives international (interstate, intergovernmental) the organizations based on the corresponding international treaties of the Russian Federation;
management officials of subjects of the Russian Federation, Commissioners for Human Rights in subjects of the Russian Federation within the corresponding territories;
senators of the Russian Federation and deputies of the State Duma of Federal Assembly of the Russian Federation, and also the deputies of legislature of the subject of the Russian Federation authorized on that by legislature of the subject of the Russian Federation within the corresponding territories;
The Prosecutor General of the Russian Federation, and also the prosecutors and prosecutors exercising supervision of execution of the laws by administrations of places of content of detainees authorized by him and taken into custody within the corresponding territories;
members of public monitoring commissions according to the procedure, No. 76-FZ provided by the Federal Law of June 10, 2008 "About public control over ensuring human rights in places of detention and about assistance to persons which are in places of detention" within the corresponding territories;
The Comissioner for the President of the Russian Federation by the child's rights, Ombudsmen for Children in subjects of the Russian Federation within the corresponding territories - places of detention which contain minors and expectant mothers.
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