Friday, March 20, 2009

In Russia, allowed the court to modify sentences in the deterioration of the situation of convicts

In Russia, are now allowed to review the supervisory authority which entered into force on the sentence to the deteriorating situation of the convicted person. The relevant federal law "On Amendments to Articles 404 and 405 Criminal Procedure Code of the Russian Federation" signed March 14, Russian President Dmitry Medvedev. Introducing stricter revision possible, provided that during the trial were allowed fundamental breach of the Criminal Procedure Act, transmits "Interfax".

"Review of supervisory guilty verdict and subsequent court decisions rendered in connection with his appeal on the grounds, resulting in a deterioration of the situation of the convicted person, as well as a review of acquittal or a definition or a court decision to discontinue criminal proceedings are permitted in a period not exceeding one years from the date of their entry into force if, during the trial were admitted violations of the fundamental law of criminal procedure, affecting the legality of the sentence, ruling or order of a court ", - says the second part of Article 405 CCP.

Part 3 of this article explained that the ordinance applies to violations of basic sentence structure of the illegal court, or return the illegal composition of the panel of jurors, as well as deprivation of participants in the proceedings the right to a fair trial, if such withdrawal had an impact on the legality of the sentence.

Changes to the Code of Criminal Procedure, are published on the official site of the Head of State.

Previous article 405 Code of Criminal Procedure contained only a ban on "turn for the worse in the revision of judicial decisions in the oversight."

More 11 May 2005, the Constitutional Court of the Russian Federation overturned the ban, recognizing that the Code of Criminal Procedure, Article 405 does not correspond to the Basic Law of the country "to the extent that it does not allow turning for the worse when reviewing the court decision to order surveillance on a complaint by the victim or the prosecutor when the previous trial were allowed substantial, fundamental breach, affecting the outcome of the case. "

The Constitutional Court ordered the legislature amend the Code accordingly. After nearly four years, 25 February 2009, the State Duma has adopted, and March 4, The Federation Council approved amendments to the criminal procedure law, which is signed by the President.

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