Rus News Journal

The project of the Federal law of Russian Federation N 33012 - 6 About modification of articles 62 and 303 Criminal codes of the Russian Federation and Criminally - the remedial code of the Russian Federation

Article 1

Is brought by the President of the Russian Federation

to Bring in the Criminal code of the Russian Federation (Meeting of the legislation of the Russian Federation, 1996, 25, item 2954; 2003, 50, item 4848; 2009, 26, item 3139; 2010, 19, item 2289; 2011, 11, item 1495; 50, item 7362) following changes:

1) a part of fifth article 62 to add with words and in a case specified in article 226 9 Criminally - the remedial code of the Russian Federation, - one second the maximum term or the size of the most strict kind of the punishment provided for the committed crime ;

2) in the paragraph the second a part of second article 303 of a word imprisonment for the term up to three years to replace with words imprisonment for the term up to five years .

Article 2

to Bring in Criminally - the remedial code of the Russian Federation (Meeting of the legislation of the Russian Federation, 2001, 52, item 4921; 2002, 22, item 2027; 30, item 3015, 3020, 3029; 44, item 4298; 2003, 27, item 2700, 2706; 50, item 4847; 2004, 27, item 2711; 2005, 1, item 13; 2006, 28, item 2975, 2976; 31, item 3452; 2007, 1, item 46; 16, item 1827; 24, item 2830, 2833; 31, item 4008, 4011; 50, item 6235, 6248; 2008, 49, item 5724; 2009, 11, item 1168, 1267; 18, item 2145; 26, item 3139; 44, item 5170; 2010, 1, item 4; 11, item 1168; 15, item 1756; 21, item 2525; ? 27, item 3427, 3431; ? 30, item 4003; 31, item 4164, 4193; 49, item 6412; 2011, 1, item 16; 15, item 2039; 23, item 3259; 30, item 4598, 4601, 4605; 45, item 63; 50, item 7361, 7362) following changes:

1) in point 25 of article 5 of a word and the indictment to replace with words the indictment or the accusatory decision ;

2) regarding the second article 37:

) point 14 to state in the following edition:

14) to confirm the bill of particulars, the indictment or the accusatory decision on criminal case; ;

) in word point 15 or the indictment to replace with words the indictment or the accusatory decision ;

3) in article 47:

) a part the first to add with point 3 of the following maintenance:

3) the accusatory decision is made. ;

) in point 2 of a part of the fourth word or the indictment to replace with words the indictment or the accusatory decision ;

4) point 5 of a part of third article 49 to add with words or persons in which relation check of the message on a crime in an order provided by article 144 of the present Code " is conducted;;

5) in article 51:

a part the first to add with point 8 of the following maintenance:

8) the suspect has declared the petition for manufacture on inquiry criminal case in abbreviated form in an order established by chapter 32 1 of present Code. ;

6) a part the second to state in the following edition:

2. In the cases provided by points 1 - 5 parts of first present article, participation of the defender is provided in an order established by a part of third article 49 of the present Code, and in the cases provided by points 6, 7 and 8 parts of first present article, - from the moment of the statement at least with one of accused petitions for consideration of criminal case by court with participation of jurymen, or petitions for criminal case consideration in an order established by chapter 40 of the present Code, or from the moment of the statement the suspect, accused petitions for criminal case consideration in an order established by chapter 32 1 of present Code. ;

6) regarding the third article 88 of a word or the indictment to replace with words the indictment or the accusatory decision ;

7) regarding the fifth article 115 the first offer to exclude;

8) in article 144:

) a part the first to state in the following edition:

1. The investigator, the inquiry body, the inspector, the head of investigatory body are obliged to accept, check up the message on any perfect or preparing crime and within the competence established by the present Code, to make on it the decision in time not later than 3 days from the date of receipt of the specified message. At check of the message on a crime the investigator, the inquiry body, the inspector, the head of investigatory body has the right to receive explanations, samples for comparative research to obtain on demand documents and subjects, and also to withdraw them in an order established by the present Code, to appoint judicial examination, to take part in its manufacture and to receive the expert`s statement in reasonable term, to examine a scene, a corpse, subjects and documents, survey, to demand manufacture of documentary checks, audits, researches of documents, subjects, corpses, to get to take part in these actions of experts, to give to inquiry body obligatory for execution the written commission about carrying out operatively - search actions. ;

to add with a part of the first 1 the following maintenance:

1 1 . To the persons participating in manufacture of remedial actions at check of the message on a crime, their rights and the duties provided by the present Code are explained, and possibility of realisation of these rights in that part in which made remedial actions and made remedial decisions infringe on their interests is provided, including is right not to bear against itself, the spouse and other near relations which circle is defined in point 4 of article 5 of the present Code to use the lawyer, and also to bring complaints to actions (inactivity) and decisions of the investigator, body of inquiry, the inspector and the head of investigatory body in an order established by chapter 16 of the present Code. Participants of check of the message on a crime can be warned about nondisclosure of the data of pre-judicial manufacture in an order established by article 161 of the present Code. If necessary security of the participant of pre-judicial manufacture is provided in an order established by a part of ninth article 166 of the present Code, including at reception of the message on a crime. ;

to add with a part of the first 2 the following maintenance:

1 1 . The messages received during check on data crime can be used as proofs under condition of observance of positions of articles 75 and 89 present Codes. If after excitation of criminal case by the party of protection or to victims the petition for manufacture of additional or repeated judicial examination such petition is subject to satisfaction is declared. ;

) a part third to state in the following edition:

3. The head of investigatory body, the chief of body of inquiry have the right on motivirovannomu to the petition accordingly the inspector, the investigator to prolong till 10 days the term established by a part of first present article. In need of manufacture of documentary checks, audits, judicial examinations, researches of documents, subjects, corpses, and also operatively - search actions the head of investigatory body under the petition of the inspector, and the public prosecutor under the petition of the investigator has the right to prolong this term till 30 days with obligatory instructions for the concrete actual circumstances which have formed the basis for such prolongation. ;

9) article 150 to add with a part 1 1 the following maintenance:

1 1 . Inquiry is made in the general order or in the reduced order. ;

10) a part the first articles 154 to add with point 5 of the following maintenance:

5) separate suspects, of which relation preliminary investigation should be made in an order established by chapter 32 1 of present Code if concerning other suspects (accused) preliminary investigation is carried out in the general order. ;

11) in article 170:

) regarding the first a word In the cases provided by articles 115, 177, 178, 181 - 184, a part of fifth article 185, a part of seventh article 186, articles 193 and 194 present Codes to replace with words In the cases provided by articles 182, 184 and 193 present Codes ;

to add with a part of the first 1 the following maintenance:

1 1 . B the cases provided by articles 115, 177, 178, 181, 183, a part of fifth article 185, a part of seventh article 186 and article 194 of the present Code, understood take part in investigatory action at the discretion of the inspector. If under the decision of the inspector understood in the specified investigatory actions do not participate, application of means of fixing of a course and results of investigatory action is obligatory, except for the cases provided by a part of third present article. ;

a part the fourth to state in the following edition:

4. Before the beginning of investigatory action the inspector according to a part of fifth article 166 of the present Code warns the persons participating in investigatory action, about application of means. In case of participation understood the inspector before the beginning of manufacture of investigatory action according to a part of fifth article 164 of the present Code explains understood aim investigatory action, their right and the responsibility, provided by article 60 of the present Code. ;

12) a part the second articles 176 to state in the following edition:

2. Survey of a scene, subjects and documents can be made before criminal case excitation. ;

13) in article 177:

a part the first to recognise as become invalid;

regarding the third word are assured by signatures of the inspector and understood to replace with words are assured by the inspector ;

regarding the fourth word understood, another to exclude;

14) in article 178:

) regarding the first a word understood, To exclude;

regarding the fourth word If necessary to exclude;

15) regarding the fifth article 185 of a word with participation understood from among workers of the given establishment to exclude;

16) regarding the seventh article 186 of a word with participation understood and in need of the expert to replace with words with participation of the expert (if necessary) ;

17) regarding the fifth article 186 1 words understood and to exclude;

18) a part of fourth article 195 to add with the offer of the following maintenance: Judicial examination can be appointed and made before criminal case excitation. ;

19) a part the first articles 202 to state in the following edition:

1. The inspector has the right to receive samples of handwriting or other samples for comparative research at the suspect accused, and also at the witness or the victim, and is equal at physical persons and representatives of legal bodies in an order provided by a part of first article 144 of the present Code, in cases when there was a necessity to check up, a leah traces in a certain place or on material evidences are left by them, and to make the report according to articles 166 and 167 present Codes, except for the requirement about participation of the understood. Reception of samples can be made for comparative research before criminal case excitation. ;

20) section VIII to add with chapter 32 1 the following maintenance: Chapter 32 1 . Inquiry in abbreviated form

Article 226 1 . The bases and an order of manufacture of inquiry in abbreviated form

1. Inquiry in abbreviated form is made in an order established by chapter 32 of the present Code, with the withdrawals provided by the present chapter.

2. Inquiry in abbreviated form is made at presence simultaneously following conditions:

1) criminal case is raised in the relation of the concrete person on signs one or several crimes specified in subparagraph 1 of a part of third article 150 of the present Code;

2) the suspect recognises the fault, character and the size of the harm caused by a crime, and also does not challenge the legal estimation of act resulted in the decision about excitation of criminal case;

3) the suspect declares the petition for manufacture on inquiry criminal case in abbreviated form;

4) there are no provided by article 226 of the present Code the circumstances excluding manufacture of inquiry in abbreviated form.

article 226 2 . The circumstances excluding manufacture of inquiry in abbreviated form

1. Inquiry cannot be made in abbreviated form in following cases:

1) the suspect is the minor;

2) there are bases for manufacture about application of forced measures of medical character in an order established by chapter 51 of the present Code;

3) the suspect concerns a category of persons in which relation the special order of criminal legal proceedings established by chapter 52 of the present Code is applied;

4) the person is suspected of fulfilment of two and more crimes if at least one of them is not included into the list of the crimes provided by subparagraph 1 of a part of third article 150 of the present Code;

5) the suspect does not know language on which criminal legal proceedings are conducted;

6) the victim objects to inquiry manufacture in abbreviated form.

2. If the circumstances provided by a part of first present article, become known or arise after decision-making on inquiry manufacture in abbreviated form, but to a direction of criminal case to the public prosecutor for the statement of the accusatory decision, the person in which manufacture there is a criminal case, takes out the decision about inquiry manufacture in the general order. If the circumstances provided by a part of first present article, become known or arise during judicial session, the judge returns criminal case to the public prosecutor for its transfer on podsledstvennosti and inquiry manufactures in the general order.

article 226 3 . The rights and duties of participants of criminal legal proceedings preliminary investigation on which is made in the form of inquiry in the reduced order

1. Participants of criminal legal proceedings preliminary investigation on which is made in shape doznanija in the reduced order, have the same rights and duties, as participants of criminal legal proceedings preliminary investigation on which is made in the form of the inquiry which are carried out in the general order, with the withdrawals provided by present article.

2. Physical or the legal body to whom the crime does harm, not later than three days from the date of criminal case excitation admits to victims and is vested with all rights provided by article 42 of the present Code.

3. Suspected, accused, and equally suffered or its representative has the right to declare the petition for the inquiry termination in abbreviated form and continuation of manufacture of inquiry in the general order at any time before court removal in a consultative room for the sentence decision. Such petition is subject to satisfaction the person in which manufacture there is a criminal case.

article 226 4 . The petition for inquiry manufacture in abbreviated form

1. In the presence of the bases provided by the present head and conditions for inquiry manufacture in abbreviated form after delivery of a copy of the decision about criminal case excitation, and also appointments to the defender and prior to the beginning of the first interrogation are explained to the suspect the right to petition for inquiry manufacture in abbreviated form, and also an order and legal consequences of manufacture of inquiry in abbreviated form about what in the report of interrogation of the suspect the corresponding mark becomes.

2. The suspect has the right to declare the petition for inquiry manufacture in abbreviated form not later than 2 days from the date of when the right to declare such petition has been explained it. The petition for inquiry manufacture in abbreviated form moves in written form and should be signed the suspect, and also its defender.

3. The petition which has arrived from the suspect for inquiry manufacture in abbreviated form is subject to consideration in time no more than 24 hours from the moment of its receipt. By results of consideration the investigator takes out one of following decisions:

1) about satisfaction of the petition and inquiry manufacture in abbreviated form;

2) about refusal in satisfaction of the petition in the presence of the circumstances interfering manufacture of inquiry in abbreviated form.

4. The decision about satisfaction of the petition and inquiry manufacture in abbreviated form or about refusal in satisfaction of the corresponding petition can be appealed against in an order established by chapter 16 of the present Code.

5. The notification message about satisfaction of the petition and inquiry manufacture in abbreviated form within 24 hours goes to the public prosecutor, and also the victim. In the notification message the order and legal consequences of manufacture of inquiry in abbreviated form, and also the right to object to inquiry manufacture in abbreviated form are explained to the victim.

article 226 5 . Features dokazyvanija by inquiry manufacture in abbreviated form

1. Proofs on criminal case gather in volume, sufficient for an establishment of event of a crime, character and the size of the harm caused to it, and also guiltliness of the person in commission of crime taking into account the features provided by present article.

2. The investigator is obliged to make only those investigatory and other remedial actions, neprovedenie which in the conditions of urgency can cause irreplaceable loss of vestiges of the crime or other proofs.

3. Taking into account concrete circumstances of criminal case the investigator has the right:

1) not to check the proof if they have not been challenged by the suspect, its defender, the victim or its representative;

2) not to interrogate persons from whom during check of the message on a crime explanations have been received, except for cases when it is necessary to establish the additional fact sheet which is not containing in materials check of the message on a crime, or it is necessary to check up the proofs which reliability is challenged by the suspect, its defender, the victim or its representative;

3) not to appoint judicial examination for an establishment of questions answers on which contain in the conclusions presented in the certificate or the conclusion of the expert by results of research, the message spent during check on a crime, except for following cases:

necessities of an establishment on criminal case of the additional fact sheet;

) necessities of check of conclusions of the expert which reliability is called into question by the suspect, its defender, the victim or its representative;

presence of the bases for obligatory purpose of the judicial examination, provided by article 196 of the present Code;

4) not to make other investigatory and remedial actions directed on an establishment of the fact sheet which contain in materials of check of the message on a crime if such fact sheet meets the requirements, the present Code shown to proofs.

article 226 6 . Terms of the inquiry made in abbreviated form

1. The inquiry made in abbreviated form, should be finished in time, not exceeding 15 days. This term joins time from the moment of decision removal about inquiry manufacture in abbreviated form and to its direction to the public prosecutor with the accusatory decision.

2. In the cases provided by a part of ninth article 226 7 of present Code, the term of inquiry established by a part of first present article, can be prolonged the public prosecutor till 20 days. The decision about prolongation of term of the inquiry made in abbreviated form, should be presented the public prosecutor not later than 24 hours before the expiry of the term established by a part of first present article.

3. About prolongation of term of the inquiry made in abbreviated form, the investigator notifies the suspect and its defender, and also the victim and its representative.

4. In case of the inquiry termination in abbreviated form and manufacture continuations on criminal case in the general order term of the inquiry made in abbreviated form, is set off in the general term of preliminary investigation.

article 226 7 . The termination of the inquiry made in abbreviated form

1. Recognising that necessary investigatory actions are made also volume of the collected proofs is sufficient for a substantiated conclusion about commission of crime by suspect, the investigator makes the accusatory decision. In the accusatory decision the circumstances listed in points 1 - 8 parts of first article 225 of the present Code, and also links to criminal case sheets are specified.

2. The accusatory decision subscribes the investigator and is co-ordinated by the chief of body of inquiry.

3. The accusatory decision should be made not later than 10 days from the date of criminal case excitation. If to make the accusatory decision in this term it is not obviously possible owing to great volume of the investigatory and other remedial actions which manufacture taking into account features dokazyvanija, provided by article 226 5 the present Code, is obligatory, inquiry after this term proceeds in the general order.

4. Not later than three days from the date of drawing up of the accusatory decision accused and its defender should be acquainted with the accusatory decision, and also criminal case materials about what in the report of acquaintance of participants of criminal legal proceedings with criminal case materials the corresponding mark becomes. In the presence of the petition in the same term with the accusatory decision and criminal case materials get acquainted the victim () or its representative about what in the report of acquaintance of participants of criminal legal proceedings with criminal case materials the mark also becomes.

5. In case of impossibility to finish acquaintance of accused, its defender, and in the presence of the petition - also the victim and (or) its representative with the accusatory decision and with criminal case materials in time, established by a part of fourth present article, manufacture of inquiry on the basis of the decision of the investigator proceeds in the general order.

6. Accused, its defender, the victim or its representative before the termination of acquaintance with the accusatory decision, and also with criminal case materials has the right to declare following petitions:

1) about a recognition of the proof specified in the accusatory decision, inadmissible in connection with the transgression admitted at its reception;

2) about manufacture of the additional investigatory and other remedial actions directed on completion of a blank in proofs collected on business in volume, sufficient for a substantiated conclusion about crime event, about character and the size of the harm caused to it, and also about guiltliness accused of commission of crime;

3) about manufacture of the additional investigatory and other remedial actions directed on check of proofs which reliability raises the doubts that can affect legality of the total judgement on criminal case;

4) about redrawing up of the accusatory decision in case of its discrepancy to requirements of a part of first present article.

7. If before the termination of term of acquaintance with the accusatory decision and with materials of criminal case from the accused, its defender who has suffered, its representative the petitions specified regarding sixth present article, have not arrived or if satisfaction of the arrived petitions has been refused, criminal case with the accusatory decision goes this very day to the public prosecutor.

8. In case of satisfaction of the petition declared in an order, established by point 4 of a part of sixth present article, the investigator peresostavljaet the accusatory decision and not later than two days directs criminal case with the accusatory decision co-ordinated with the chief of body of inquiry, to the public prosecutor.

9. In case of satisfaction of one of the petitions declared in an order, provided by points 1 - 3 parts of sixth present article, the investigator makes necessary investigatory and other remedial actions, peresostavljaet the accusatory decision taking into account new proofs and not later than two days directs criminal case with the accusatory decision co-ordinated with the chief of body of inquiry, to the public prosecutor. If peresostavit the accusatory decision and to direct criminal case to the public prosecutor to this term it is not obviously possible owing to great volume of investigatory and other remedial actions, inquiry term can be prolonged till 20 days in an order established by a part of second article 226 6 of present Code. In the absence of possibility to end inquiry in abbreviated form and in this term the investigator continues manufacture on criminal case in the general order about what takes out the corresponding decision.

10. To the criminal case directed to the public prosecutor with the accusatory decision, the inquiry in which data on the place of residence or findings of the persons who are subject to a call in judicial session, about a previous conviction accused, about the preventive punishment selected to it, about time of holding in custody or house arrest if to it one of this preventive punishment has been selected, about material evidences, about term of the inquiry made in abbreviated form are specified is applied, and at presence at accused dependents - about the accepted measures on maintenance of their rights. In the inquiry references to corresponding sheets of criminal case should be contained.

article 226 8 . Decisions of the public prosecutor on the criminal case which has arrived with the accusatory decision

1. The public prosecutor considers the criminal case which has arrived with the accusatory decision, and within 3 days accepts on it one of following decisions:

1) about the statement of the accusatory decision and about a criminal case direction in court;

2) about returning of criminal case for redrawing up of the accusatory decision in case of its discrepancy to requirements of a part of first article 226 7 the present Code, establishing for this purpose term no more than 2 days;

3) about a direction of criminal case to the investigator for inquiry manufacture in the general order in following cases:

when by manufacture on criminal case essential infringements of requirements of the present Code, entailed infringement of the rights and legitimate interests of participants of criminal legal proceedings have been admitted;

if the collected proofs in the set are not sufficient for a substantiated conclusion about crime event, character and the size of the harm caused to it or guiltliness of the person in commission of crime;

) in the presence of the sufficient bases to believe samoogovor the accused;

4) about the termination of the criminal case which has arrived from the investigator on the bases provided by articles 24 - 28 1 the present Code.

2. At the statement of the accusatory decision the public prosecutor has the right to exclude the decision from it separate points of charge or to retrain charge on less heavy.

3. The copy of the accusatory decision with applications is handed over to accused, its defender and the victim in an order established by article 222 of the present Code. After delivery of the accusatory decision the public prosecutor directs criminal case to court on what notifies the accused, its defender who has suffered, the civil claimant, the civil respondent and (or) representatives.

article 226 9 . Features of judicial manufacture on criminal cases preliminary investigation on which was made in the form of inquiry in the reduced order

1. On criminal cases preliminary investigation on which was made in the form of inquiry in the reduced order, judicial manufacture is carried out in an order established by articles 316 and 317 present Codes, with the withdrawals provided by present article.

2. The sentence is decided on the basis of research and an estimation only those proofs which are specified in the accusatory decision, and also the additional data about the persons of the defendant represented in an order, established by a part of third present article.

3. Under the petition of the party of protection the judge has the right to file, recognise as the proof and to consider at definition of a measure of punishment properly made papers containing additional data on the person of the defendant, including containing data on presence at it in charge of minor children, aged parents, invalids, and also other data which can be considered as the circumstance commuting punishment.

4. At receipt of objection any of the parties against the further manufacture on criminal case preliminary investigation on which was made in the form of inquiry in the reduced order, with application of a special order of proceeding, and it is equal under own initiative in case of an establishment of the circumstances interfering the decision of a lawful, well-founded and fair sentence, including in the presence of the sufficient bases to believe withamoogovor the defendant, the judge takes out the decision about returning of criminal case to the public prosecutor for its transfer on podsledstvennosti and inquiry manufactures in the general order.

5. Positions of parts of third and fourth article 314 of the present Code are not applied by consideration of criminal cases preliminary investigation on which was made in the form of inquiry in the reduced order.

6. In case of the decision of a verdict of guilty on criminal case preliminary investigation on which was made in the form of inquiry in the reduced order, the punishment appointed to the defendant cannot exceed one second the maximum term or the size of the most strict kind of the punishment provided for the committed crime. .

the president
the Russian Federation

the explanatory note  

the Project of the federal law About modification of articles 62 and 303 Criminal codes of the Russian Federation and Criminally - the remedial code of the Russian Federation (further the bill) is directed on perfection of positions criminally - the remedial legislation of the Russian Federation, regulating an inquiry procedure on criminal cases, checks of the message on a crime and attraction understood to participation in separate investigatory actions.

the bill offers to enter the reduced order of inquiry which will allow to exclude an irrational expenditure of forces and means of bodies of preliminary investigation, an unreasonable tightening of terms of pre-judicial manufacture when criminal case does not represent legal and actual complexity, and participation of the person in commission of crime does not raise the doubts.

the Bill provides the reduced term of manufacture of inquiry, which by the general rule should not exceed 15 days (with possibility of its prolongation in exceptional cases till 20 days), limits dokazyvanija are limited (proofs will gather in the volume is minimum necessary for an establishment of event of a crime and circumstances of participation in it accused).

According to the bill the reduced order of inquiry is possible only on condition that criminal case is raised in the relation of the concrete person which recognises the fault, character and the size of the harm caused by a crime and agrees with conducting criminal legal proceedings on its business in the reduced order.

application of the specified order of inquiry is excluded when the suspect is the minor; there are bases for application concerning the suspect of forced measures of medical character; The suspect concerns a category of officials of public authorities in which relation the special order of criminal legal proceedings is applied; the suspect does not know language on which criminal legal proceedings are conducted; the victim objects to application of the reduced order of criminal legal proceedings.

the sentence decision on affairs of a considered category will be carried out in a special order of acceptance of the judgement at the consent accused with the charge shown to it (chapter 40 Criminally - the remedial code of the Russian Federation), that is without judicial examination carrying out. The punishment appointed to the defendant in this case cannot exceed one second the maximum term or the size of the most strict kind of the punishment provided for the committed crime. In this connection respective alteration is provided to be brought in article 62 of the Criminal code of the Russian Federation.

As the reduced order of criminal legal proceedings assumes some reduction of volume of procedural rights of the suspect accused and the victim, it is offered to vest with their right at any stage of legal proceedings till the moment of removal of court in a consultative room for the sentence decision to declare the petition for phase-out on criminal case in the reduced order and application of the general order of criminal legal proceedings. The person in which manufacture there is a criminal case, will be obliged to satisfy such petition. With a view of a possibility exception samoogovora the suspect it is offered to oblige the public prosecutor in the presence of well-founded assumptions about samoogovore to return criminal case to the investigator on stages of the statement of the accusatory decision, and court - in the course of judicial session.

Introduction of the reduced order of inquiry will allow to reach essential remedial economy, to expand dispozitivnye the beginnings at realisation by suspect (accused) the rights to protection, and to victims - the rights to access to justice.

with a view of maintenance of the rights and legitimate interests of participants at a stage of pre-judicial manufacture and creation of all necessary conditions for acceptance of the lawful and well-founded decision on excitation of criminal case or about refusal in it the bill specifies procedure of check of the message on a crime.

criminal case excitation on variety of crimes directly depends on results of the expert researches establishing, for example, otnosimost withdrawn substance or a subject to drugs, explosives, fire-arms and so forth, presence of signs of violent death upon detection of a corpse, presence of signs of economic crimes and many other things.

Today preliminary researches are spent by experts without their prevention of a criminal liability for a summer residence of the false conclusion, made out under the simplified form and have no remedial value. At preliminary research the material object of research quite often changes, partially or is completely spent, in this connection sometimes it is impossible to carry out its subsequent high-grade research within the limits of judicial examination.

judicial examination in such cases, as a matter of fact, is repeated expert research, is frequently spent formally, under the documents received at preliminary research. It is quite obvious that for carrying out of two researches (preliminary and within the limits of judicial examination) it is spent twice more time and expendable materials.

With a view of the decision of the given problem the bill offers to expand powers of bodies of preliminary investigation at check of the message on a crime, having given them the right to receive an explanation, samples for comparative research to obtain on demand documents and subjects, and also to withdraw them, to appoint judicial examination, to take part in its manufacture and to receive the expert`s statement, to examine a scene, a corpse, subjects and documents, survey.

carrying out in case of need judicial examination before criminal case excitation at obvious economy of so scarce expert resource will allow a consequence to make necessary decisions on the basis of remedially faultless proofs received when due hereunder.

For maintenance of realisation of the rights and legitimate interests of participants dosledstvennoj checks by the bill are offered to be established that to the persons participating in manufacture of investigatory and other remedial actions at check of the message on a crime, their rights, a duty and the responsibility, provided Criminally - the remedial code of the Russian Federation are explained, and possibility of realisation of these rights in that part in which made remedial actions and made remedial decisions infringe on their interests is provided, in particular realisation possibility is right not to bear against itself, the spouse and other near relations, the right to use the lawyer or the right to make complaints to actions (inactivity) and decisions of bodies of preliminary investigation.

With a view of maintenance of guarantees of observance of the rights suspected and accused, in particular variety of the rights at purpose and examination manufacture, it is offered to provide a duty of bodies of preliminary investigation to appoint repeated examination in the event that after criminal case excitation by the specified persons or their defenders the corresponding petition will be declared.

the bill offers to replace institute of the separate investigatory actions understood at carrying out with remedial fixing of these actions with use of means.

understood in criminal legal proceedings carries out udostoveritelnuju function for maintenance of guarantees of reliability of results of investigatory actions. Means the fixings (video record) applied by manufacture of investigatory actions, carry out the same function.

Meanwhile according to a part of first article 170 Criminally - the remedial code of the Russian Federation the inspector is obliged to make certain investigatory actions with attraction not less than two objective necessities of their participation understood without the account for investigatory action that, on the one hand, limits remedial independence of the inspector, and with another - unreasonably increases remedial costs.

therefore from Criminally - the remedial code of the Russian Federation it is offered to exclude positions according to which participation understood in investigatory actions is an indispensable condition, and to give to the inspector is right to choose independently a way of the certificate of a course and results of investigatory action (except for only three investigatory actions: a search, a personal search and an identification).

Besides, it is offered to establish an order, according to which to participation in manufacture of such investigatory actions as seizure of property, pochtovo - cable departures, survey, including a corpse, exhumation, investigatory experiment, dredging, control and record of negotiations, check of indications on a place, understood are involved at the discretion of the inspector. If under the decision of the inspector understood in the specified investigatory actions do not participate, corresponding means are applied.

the offered order of attraction to manufacture of investigatory actions understood will not limit the right of participants of criminal legal proceedings, and will be directed on increase of production efficiency of investigatory actions and decrease in expenses from the federal budget for the bill of reduction of the remedial costs compensated understood.

In the conditions of wide use in criminal trial of means of fixing the risk of the abusings connected with falsification of proofs in this connection the bill provides to make change to the sanction of a part of second article 303 of the Criminal code of the Russian Federation increases, having increased term of imprisonment from three till five years for falsification of proofs on criminal case by the person making inquiry, the inspector, the public prosecutor or the defender.

the Comment red.: the bill is published on a site of the President of the Russian Federation.