Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 8. Administration of Justice by the Court Alone

1. Justice on a criminal case in the Russian Federation shall be administered only by the court.

2. Nobody shall be recognized as guilty of committing a crime and subjected to a criminal punishment other than under the court sentence and in accordance with the procedure, established by the present Code.

3. The man on trial cannot be deprived of the right to the consideration of his criminal case in that court and by that judge, under whose jurisdiction it is referred by the present Code .

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 10. Immunity of the Person

1. No one can be detained on the suspicion of committing a crime or put under arrest in the absence of the legal grounds for this, envisaged in the present Code. Pending the court decision, no one can be detained for a term of over 48 hours.

2. The court, the prosecutor, the body of inquiry and the inquirer are obliged to immediately relieve any person, who has been illegally detained or illegally deprived of freedom, or illegally placed into a medical or psychiatric stationary hospital, or has been held in custody over a time term in excess of that stipulated by the present Code.

3. The person, with respect to whom was selected the measure of restriction in the form of being taken into custody, as well as the person detained on suspicion of committing a crime, shall be maintained under conditions precluding a threat to his life and health .

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 10. Immunity of the Person

1. No one can be detained on the suspicion of committing a crime or put under arrest in the absence of the legal grounds for this, envisaged in the present Code. Pending the court decision, no one can be detained for a term of over 48 hours.

2. The court, the prosecutor, the body of inquiry and the inquirer are obliged to immediately relieve any person, who has been illegally detained or illegally deprived of freedom, or illegally placed into a medical or psychiatric stationary hospital, or has been held in custody over a time term in excess of that stipulated by the present Code.

3. The person, with respect to whom was selected the measure of restriction in the form of being taken into custody, as well as the person detained on suspicion of committing a crime, shall be maintained under conditions precluding a threat to his life and health .

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 109. Time Terms for Holding in Custody

1. Holding in custody during the inquisition of crimes shall not exceed two months.

2. If it is impossible to complete the preliminary investigation within a term of up to two
months and if there are no grounds for changing or for cancelling the measure of restriction, this term may be extended by the judge of the district court or of the military court of the corresponding level in accordance with the procedure, established by the third part of Article 108 of the present Code, for a term of up to six months. Further extension of the term may be effected with respect to the persons, accused of committing grave and especially grave crimes, only if the criminal case is of a particular complexity and if there are grounds for selecting this measure of restriction, by the judge of the same court upon application from the investigator, filed with the consent of the procurator of the subject of the Russian Federation or of the military prosecutor equated with him, for up to twelve months.

3. The term of holding in custody for over twelve months may be extended only in exceptional cases, with respect to the persons accused of committing especially grave crimes, by the judge of the court specified in Part 3 of Article 31 of the present Code, or of the military court of the corresponding level at an application from the investigator, filed with the consent of the Procurator-General of the Russian Federation or of his Deputy, for up to 18 months.

4. A further extension of the said term is inadmissible. The accused, who is held in custody, shall be subject to an immediate release, with the exception of the cases mentioned in Item 1 of the eighth part of this Article .

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(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