FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 14, 2015 No. 380-FZ

About modification of the Code of penal procedure of the Russian Federation regarding investment of the investigator with the right of appeal of some decisions of the prosecutor on the criminal case which arrived with the indictment or the accusatory resolution

Accepted by the State Duma on December 4, 2015

Approved by the Federation Council on December 9, 2015

Bring in the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, No. 52, Art. 4921; 2003, No. 27, Art. 2706; 2007, No. 24, Art. 2830, 2833; 2012, No. 24, Art. 3070; 2013, No. 9, Art. 875; No. 14, Art. 1661) following changes:

1) in Article 41:

a) third to add part with Item 1.2 of the following content:

"1. To appeal 2) with the consent of the chief of body of inquiry according to the procedure, the established part four of Article 226 and part four of Article 226.8 of this Code, the decision of the prosecutor on return of criminal case to the investigator for production of additional inquiry or recreation of the indictment or the accusatory resolution, about the direction of criminal case to the investigator for production of inquiry in general procedure;";

b) the fourth to add part with words ", except as specified, provided by part five of Article 226 and part five of Article 226.8 of this Code";

Article 226 to add 2) with parts four and heel of the following content:

"4. The resolution of the prosecutor on return of criminal case to the investigator for production of additional inquiry or recreation of the indictment can be appealed by the investigator with the consent of the chief of body of inquiry to the higher prosecutor within 48 hours from the moment of receipt to the investigator of criminal case. The higher prosecutor within 3 days from the moment of intake of the corresponding materials takes out one of the following resolutions:

1) about refusal in satisfaction of the petition of the investigator;

2) about cancellation of the resolution of the subordinate prosecutor. In this case the higher prosecutor approves the indictment and takes criminal case to court.

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