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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of January 14, 2011 No. 3

About medical examination of suspects or the crimes accused of making

(as amended of the Order of the Government of the Russian Federation of 04.09.2012 No. 882)

According to Article 110 of the Code of penal procedure of the Russian Federation the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of medical examination of suspects or crimes accused of making;

the list of the serious illness interfering detention of suspects or accused of making of crimes;

form of the medical certificate of availability (absence) of the serious illness included in the list of the serious illness interfering detention of suspects or accused of making of crimes.

2. This resolution becomes effective from the date of its official publication.

 

Prime Minister

Russian Federation V. Putin

Approved by the order of the Government of the Russian Federation of January 14, 2011 No. 3

Rules of medical examination of suspects or crimes accused of making

1. These rules establish procedure for medical examination of suspects or the crimes accused of making concerning which the measure of restraint in the form of detention is chosen (further - suspects or persons accused), regarding availability at them the serious illness included in the list of the serious illness interfering detention of suspects or accused of making of crimes, approved by the order of the Government of the Russian Federation of January 14, 2011 N 3 (further - the list).

2. Consideration of question of the direction of the suspect or the person accused on medical examination is performed in the presence of one of the following documents:

the written application of the suspect or person accused or his legal representative or defender about availability at the suspect or the person accused of the serious illness included in the list supported by the medical documents containing data of stationary physical examination (further - medical documents), addressed to person (body) in whose production there is criminal case (further - person (body)), or the chief of the place of detention;

the petition of the head of medical division of the place of detention or treatment and prevention facility of criminal executive system addressed to the chief of the place of detention, supported by the medical documents.

3. Person (body) or the chief of the place of detention considers the application or the petition specified in Item 2 of these rules with the enclosed medical documents and during the working day following behind day of their obtaining makes the decision on the direction of the suspect or the person accused on medical examination in the medical organization of the state or municipal health care system (further - the medical organization) or issues the decree on motivated refusal in the direction on medical examination in the absence of medical documents.

Person (body) and the chief of the place of detention in case of adoption by one of them of the relevant decision without delay notify each other on this decision.

4. The resolution on refusal in the direction on medical examination is handed under list to the suspect or the person accused, his legal representative and the defender.

5. The refusal in the direction of the suspect or the person accused on medical examination can be appealed according to the procedure, established by the legislation of the Russian Federation.

6. In case of decision making about the direction of the suspect or person accused on medical examination person (body) or the chief of the place of detention who considered the application or the petition specified in Item 2 of these rules draws up the direction on medical examination which form affirms the Ministry of Health of the Russian Federation in coordination with the Ministry of Justice of the Russian Federation.

Medical documents are attached to the direction on medical examination.

7. The suspect or the person accused goes for medical examination no later than 3 working days from the date of decision making about the direction on medical examination.

The suspect or the person accused, his legal representative and the defender beforehand are in writing notified by person (body) or the chief of the place of detention who drew up the direction on medical examination on date of the direction on medical examination and possibilities of refusal of medical examination.

8. Convoy in the medical organization and protection of the suspect or person accused, and also delivery of the direction to medical examination and medical documents are provided with the chief of the place of detention in coordination with administration of the medical organization.

9. Medical examination of the suspect or person accused is performed by the medical commission of the medical organization determined by executive body of the subject of the Russian Federation in health sector in which there are conditions necessary for carrying out the corresponding researches and providing the rights and legitimate interests of person concerning which medical examination is carried out (further - the medical commission).

10. The medical commission performs the activities according to the procedure, established by the Ministry of Health of the Russian Federation.

11. Medical examination is carried out within 5 working days from the date of revenues to the medical organization of the direction to medical examination with pronouncement of the medical certificate in the form approved by the order of the Government of the Russian Federation of January 14, 2011 N 3.

12. By results of medical examination the medical commission takes out the medical certificate about availability or about absence at the suspect or the person accused of the serious illness included in the list or about prolongation of term of medical examination due to the need of carrying out additional inspection (no more than 30 working days).

In case of pronouncement of the medical certificate about prolongation of term of medical examination due to the need of carrying out additional inspection the copy of the specified medical certificate goes the head of the medical organization to the chief of the place of detention during the working day following behind day of its removal. After carrying out additional inspection the medical commission takes out the medical certificate about availability or about absence at the suspect or the person accused of the serious illness included in the list.

13. During the working day following behind day of pronouncement of the medical certificate about availability or about absence at the suspect or the person accused of the serious illness included in the list, the head of the medical organization sends the specified medical certificate to the chief of the place of detention with appendix of medical documents.

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