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GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 6. Legality During Criminal Proceedings
(2) No one can be put on trial as suspect or accused, arrested, imprisoned, committed, searched, brought to court, or imposed to any other measures of procedural compulsion, or be condemned, punished or in any way limited in his rights other than in the way and order provided by law.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 10. Respect to the Rights, Freedoms and Dignities of a Person
(2) Threats, violence and other illegal actions shall be prohibited in the cause of interrogation and other investigational and court proceedings.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 11. Inviolability of the Person
(1) No one shall be taken into custody otherwise there is a cause provided herein.
(2) A court, prosecutor, investigator shall immediately release a person illegally detained or arrested, illegally put in a medical institution, or a person who was under arrest for a period exceeding the limitation provided for by law or by the court decision.
(3) No participant of criminal proceedings shall suffer violence or shall be treated in a cruel or humiliating way.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 12. Protection of Rights and Freedoms of Individuals in the Course of Criminal Proceedings
(2) No one shall be obliged to testify against oneself, the spouse and close relatives as defined herein.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 12. Protection of Rights and Freedoms of Individuals in the Course of Criminal Proceedings
(5) No one shall be convicted only on the basis of his own confession in crime commitment.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 15. Presumption of Innocence
(1) A person shall be considered innocent until his guilt is proved as provided herein and is sustained by the guilty verdict of the court which took effect.
(2) The defendant shall not carry the burden of proving his innocence.
(3) Any doubt cast on the evidence of the prosecution which may not be resolved within the rules of criminal procedure provided herein shall be to the benefit of the defendant. Any doubt aroused in the course of application of criminal and criminal procedure law shall be to the benefit of the defendant.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 18. Adversarial Trial
(1) Criminal proceedings shall be based on principles of adversarial trial and equality of the parties.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 18. Adversarial Trial
(3) The prosecutor shall proof the charge brought against the defendant.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 18. Adversarial Trial
(4) The advocate shall use all means and methods provided by the law to defend the accused.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 18. Adversarial Trial
(7) The parties involved in the criminal proceeding are equal in their rights. The court shall base the procedural decision only on the evidences (proofs), that were equally accessible for studies (examination) for both parties.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 20. Guaranteeing the Suspect, Accused or Defendant the Right to Defense
(1) The suspect, the accused or defendant have the right to defense. Agency of preliminary investigation, investigator, prosecutor, and the court shall provide for the right of the suspect, the accused and defendant to defend himself by means provided for by law, as well as for protection of his personal and property rights.
(2) The right to defense shall be also guaranteed to the defendant if the case involves compulsory medical treatment.
GENERAL PART
SECTION I. GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEDURE
Article 23. Language of Court Proceedings
(1) Court proceedings shall be administered in the national language or in the Russian language.
(2) Persons participating in the proceedings who do not speak the language the hearing is administered in, shall be secured the right to make statements, to testify, to put forward motions, to study the dossier of the case, to speak in court in their native languages and use services of an interpreter.
(3) A copy of the document of accusation and of the verdict (ruling, resolution) shall be handed to the accused or the convicted person with translation into his native language or any other language he speaks.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 39. Suspect
(2) Criminal prosecution shall not detain a person as a suspect for more than 48 hours. By the time limit for his detention, the agency for criminal prosecution shall either release the suspect or make the resolution on the institution of criminal proceedings against him [charge him with a crime] and decide on the sanction.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 40. Rights and Responsibilities of the Suspect
(1) The suspect has the right to :
1) know what he is suspected of ;
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 40. Rights and Responsibilities of the Suspect
(1) The suspect has the right to :
4) have a counsel from the moment of the first interrogation, and in case of detention – from the moment of actual arrival to the agency of preliminary investigation ;
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 40. Rights and Responsibilities of the Suspect
(1) The suspect has the right to :
5) make statements in concern of the crime he is suspected of; refuse to make statements ;
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 40. Rights and Responsibilities of the Suspect
(1) The suspect has the right to :
7) use services of an interpreter ;
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 40. Rights and Responsibilities of the Suspect
(1) The suspect has the right to :
8) introduce evidence ;
9) present motions and challenges ;
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 42. Rights and Responsibilities of the Accused, defendant, convicted (acquitted)
(1) The accused has the right to :
1) get copies of resolution on his charge, on appointment of an expert ;
2) make statements on the crime he is charged with or refuse to make statements ;
3) introduce evidence ;
4) make motions and challenges ;
5) testify and speak his native language or the language he knows ;
6) use services of a translator and also of an attorney, including during judicial review of an investigator’s motion that detention is deemed necessary as a pre-trial restraint measure ;
7) participate in investigational proceedings if requested by him or by his defense attorney ;
8) study reports of the expert ;
9) communicate with his counsel confidentially and without limitation of time and number of meetings ;
10) study the dossier of the case after the investigation and write out the information concerning the charge brought against him ;
11) make petitions against actions of the preliminary investigator, actions and decisions of investigator, prosecutor.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 42. Rights and Responsibilities of the Accused, defendant, convicted (acquitted)
(2) the defendant has the right to participate in court proceedings in courts of primary, and enjoy all rights of a party of the trial, as well as the right for the last word, to appeal from the actions and decisions of the court.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 44. Defense Attorney
(3) Defense attorney shall start his participation in the case from the moment of the first interrogation of suspect (accused), witness or actual detention of the suspect (accused).
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 45. Invitation, Assignment, Substitution of the Defense Attorney, His Payment
(1) A defense attorney shall be invited by the suspect, accused, defendant, witness, their legal representatives, or by other persons if so requested by or at the consent of the suspect, accused, defendant, witness.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 45. Invitation, Assignment, Substitution of the Defense Attorney, His Payment
(5) When a defense attorney participated in the investigation or trial upon assignment, his services shall be paid by the state. In this event the convict may be maid pay back these expenses to the state.
PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS
CHAPTER 6. PARTICIPANTS OF CRIMINAL PROCEEDINGS DEFENDING THEIR RIGHTS AND INTERESTS OR RIGHTS AND INTERESTS OF PERSONS THEY REPRESENT
Article 47. Waiver of the Right to Counsel
(1) The suspect, accused, defendant has the right to waive the counsel. Such waiver shall be allowed only upon the initiative of the suspect, accused, defendant himself and shall not preclude participation of a prosecutor, as well as defense attorneys of other suspects, accused, defendants.
(2) When waivering a counsel, the suspect, accused, defendant shall defend himself.
(3) Waiver of the counsel by the suspect, accused, defendant in cases provided in points 2 – 5 of Article 46 of this Code shall not be binding for the investigator, the court.
(4) Waiver of the counsel shall be registered by a resolution of the investigator, judge, or by a ruling of a court.
SPECIAL PART
PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)
SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION
CHAPTER 32. PREPARATION TO TRIAL
Article 250. Providing an Access to The case file
After setting the date of a court trial, the judge must provide both parties with the right to access to the entire case file, and the right to make copies and write out all necessary data.
SPECIAL PART
PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)
SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION
CHAPTER 33. GENERAL TERMS OF TRIAL
Article 256. Equal Rights of Parties in Trial
The prosecutor, defendant, defense counsel, and the victim, civil plaintiff, civil defendant, and their representatives shall enjoy equal rights to petition removals, and submit motions, to provide evidence and to participate in their examination, to speak in judicial pleadings, and to participate in consideration of all issues arising in the course of the trial.
SPECIAL PART
PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)
SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION
CHAPTER 33. GENERAL TERMS OF TRIAL
Article 259. Participation of the Defendant on Trial
(1) Hearing of a criminal case by a trial court shall take place with the participation of the defendant, whose attendance shall be mandatory.
SPECIAL PART
PART VII. INSTITUTION OF THE CRIMINAL CASE (PROSECUTION)
SECTION VIII. PROCEEDINGS IN ORIGINAL JURISDICTION
CHAPTER 35. COURT TRIAL
Article 286. Commencement of Court Trial
(1) The court trial shall commence with statement of the substance of the charge brought against the defendant, and in instances of personal charge—with statement of the petition by a person who filed this petition with the court, or his/her representative.
Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.