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 47. The Accused

3. The accused shall have the right to defend his rights and lawful interests and to have enough time, as well as an opportunity, to prepare for the defence .

4. The accused shall have the right:
1) to know with what he is charged ;
2) to receive a copy of the ruling on bringing him to trial in the capacity of the defendant, a copy of the ruling on applying towards him the measure of restriction, a copy of the conclusion of guilt or of the bill of indictment;
3) to object to the accusation, to give evidence on the charge brought against him, or to refuse to supply evidence. If the suspect agrees to give evidence, he/she has to be warned that his 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 ;
4) to furnish proof ;
5) to enter petitions and to file recusations;
6) to bear evidence and to express himself in his native tongue or in a language, of which he has a good command;
7) to make use of an interpreter's services free of charge ;
8) to resort to the assistance of the counsel for the defence, including free of charge in the cases, stipulated by the present Code ;
9) to have private and confidential visits from the counsel for the defence, including ones prior to the first interrogation of the accused, without restriction of their number and duration ;
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 ;
11) to get acquainted with the ruling on the appointment of the court examination, to put questions to the expert and to get acquainted with the expert's conclusion;
12) after the preliminary investigation is completed, to get acquainted with all materials of the criminal case and to write out of the criminal case any information and in any volume;
13) to make copies of the criminal case materials at his own expense, including with the use of technical devices;
14) to lodge complaints against the actions (the lack of action) and decisions of the inquirer, of the investigator, of the prosecutor or of the court, and to take part in their examination by the court ;
15) to object to the termination of the criminal case on the grounds, stipulated by the second part of Article 27 of the present Code;
16) to participate in the legal proceedings on the criminal case in the courts of the first, the second and the appeals instance, as well as in the examination by the court of the issue of selecting with respect to him a measure of restriction and in the other cases, mentioned in Items from 1 to 3 and 10 of Part Two of Article 29 of this Code;
17) to get acquainted with the protocol of the court session and to submit comments on it;
18) to file an appeal against the sentence, the ruling or the resolution of the court and to receive the copies of the decisions he appeals against ;
19) to receive the copies of the complaints and the presentations, lodged on the criminal case, and to file objections to these complaints and presentations;
20) to take part in the examination of the questions, involved in the execution of the sentence ;
21) to defend himself while resorting to the other means and ways, not prohibited by the present Code .

Keywords

Fair trial standards



EDIT.