'Rights during trial - disclosure of evidence to defence' in document 'Russia - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 16. Guaranteeing the Right to the Defence for the Suspect and for the Accused

1. For the suspect and for the accused shall be guaranteed the right to defence, which they may exercise themselves or with the assistance of a counsel for the defence and/or of their legal representative.

2. The court, the prosecutor, the investigator and the inquirer shall explain to the suspect and to the accused their rights, and shall guarantee to them the possibility to defend themselves while resorting to all ways and means, not prohibited by the present Code.

3. In the cases stipulated by the present Code, obligatory participation of a counsel for the defence and/or of the legal representative of the suspect and of the accused shall be provided for by the officials, conducting the proceedings on the criminal case.

4. In cases stipulated by the present Code and by other federal laws, the suspect and the accused may make use of the advice of a counsel for the defence free of charge .

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 46. The Suspect

4. 9) to take part with the permission of the investigator or of the inquirer, in the investigative actions carried out at his own petition, at the petition of his counsel for the defence, or of his legal representative ;

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 47. The Accused

4. 10) to take part with the permission of the investigator in investigative actions, carried out at his own petition or at the petition of his counsel for the defence or of his legal representative, to get acquainted with the protocols of these actions and to submit comments on them ;

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 109. Time Terms for Holding in Custody

5. The materials of the criminal case, whose inquisition is completed, shall be presented to the accused, held in custody, and to his counsel for the defence not later than thirty days before the end of the ultimate term for holding in custody, established by the second and the third parts of this Article .

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
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.