Russian Federation

Criminal Procedural Code of the Russian Federation

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. • 1) to know of what he is suspected, and to get a copy of the ruling on the institution of a criminal case against him, or a copy of the custody report, or a copy of the ruling on the application towards him the measure of restriction ;

2) to give explanations and evidence concerning the suspicion moved against him or to refuse giving the explanations and the evidence. If the suspect agrees to give evidence, he/she has to be warned that his/her evidence may be used as proof in a criminal case, and likewise in the event of his/her subsequent denial of this evidence, save for the instance provided for by Item 1 of Part Two of Article 75 of this Code ;

3) to avail himself of the advice of the counsel for the defence from the moment stipulated by Items 2 and 3 of the third part of Article 49 of the present Code, and to have a private and confidential visit from him before the suspect's first interrogation ;

4) to furnish proof;

5) to enter petitions and to file recusations ;

6) to give the evidence and the explanations in his native tongue or in the language, of which he has a good command;

7) to make use of an interpreter's services free of charge ;

8) to get acquainted with the protocols of investigative actions carried out with his participation and to submit comments on them;

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 ;

10) to lodge complaints against the actions (the lack of action) and decisions of the court, of the prosecutor, of the investigator or of the inquirer ;

11) to defend himself using the other means and ways, not prohibited by the present Code .

Keywords

Fair trial standards



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