RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 14, 2012 No. 11

About practice of consideration by courts of the questions connected with issue of persons for criminal prosecution or execution of sentence and also transfer of persons for serving sentence

Issue of the persons accused of making of crimes or condemned by court of foreign state for implementation of criminal prosecution or execution of sentence, and also transfer of persons condemned to imprisonment for serving sentence in the state whose citizens they are represent the most important types of international cooperation in the field of criminal trial allowing to provide inevitability of criminal prosecution and punishment, social resettlement of the condemned persons.

Institutes of issue and transfer of such persons acquire special value in the conditions of globalization, integration, population shift and growth of transnational crime. As a result, also the number of the international treaties of the Russian Federation directed to achievement of the specified purposes increases.

Proceeding from provisions of Articles 15, 17 and 18 Constitutions of the Russian Federation when implementing international cooperation in the field of criminal trial the Russian Federation shall observe the human rights and freedoms guaranteed by its legislation, the conventional principles and rules of international law, and also international treaties of the Russian Federation.

For the purpose of ensuring unity of court practice on application of the legislation of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation regulating questions of issue of person to foreign state for criminal prosecution or execution of sentence, and also transfer of person condemned to imprisonment for serving sentence in the state which citizen it is, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law "About Courts of Law in the Russian Federation",

decides:

1. Draw the attention of courts that the Russian Federation can issue the foreign citizen or the stateless person who are in its territory for criminal prosecution or execution of sentence, to transfer person condemned by court of the Russian Federation to imprisonment for serving sentence in the state which citizen it is, and also to recognize the court verdict of foreign state which condemns the citizen of the Russian Federation transferred to the Russian Federation for serving sentence based on the international treaty of the Russian Federation or the principle of reciprocity (part 2 of article 63 of the Constitution of the Russian Federation, part 1 of article 13 Criminal Code of the Russian Federation, part of 1 Article 462, articles 469 and 472 Codes of Criminal Procedure of the Russian Federation).

2. Issue, transfer of person to foreign state, recognition of the court verdict of foreign state are provided in bilateral and multi-lateral international treaties of the Russian Federation on issue, transfer of persons condemned to imprisonment on legal assistance, and also in the multi-lateral agreements of the Russian Federation regulating interstate cooperation in the field of fight against separate types of crimes (The convention of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 20, 1988, the Convention of the United Nations against corruption of October 31, 2003 and others). With respect thereto courts need to find out whether the corresponding foreign state is participant of the international treaty of the Russian Federation. In case of application of the international treaty of the Russian Federation courts should consider the provisions containing in the resolution of the Plenum of the Supreme Court of the Russian Federation of October 10, 2003 N 5 "About use by courts of law of the conventional principles and rules of international law and international treaties of the Russian Federation".

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