the amendments to the legislation will help victims to protect their rights.
state Duma adopted in the first reading amendments to the Criminal procedure code (CPC), determine the reasonable terms of criminal proceedings. Current law provisions allow not to include them in periods, sometimes amounts to years that pass from the filing of statements about the crime to the criminal case. The bill itself was developed on the basis of the decision of the constitutional court (KS) has considered the complaint of the man from Komi, nearly nine years waiting for justice. Experts believe that the amendments will help the victims to defend their rights.
Reviewed on Tuesday deputies of the draft law on introducing amendments to article 6.1 of the code of criminal procedure “a Reasonable time in criminal proceedings” was prepared on the basis of COP decisions, issued in the summer of last year in which legislators were asked to adjust the contained rules. The occasion was the appeal to the constitutional court of the resident of the Republic of Komi.
However, when he met with refusal — the court ruled that the duration of the proceedings is not calculated from the date of application, and the date when the investigation was opened, and his recognition of the victims. The difference was quite significant — from contacting law enforcement authorities until the sentence comes into force it has been almost nine years, and the proceedings had, as considered by the authorities, a little over two years, of which nine months had directly on a preliminary investigation.
the Court emphasized that the victim becomes so precisely when he was injured and not in the moment, when this procedure was issued by the investigator or the interrogating officer. Because the COP recognized that the appropriate primary law norm UPK, allowing to ignore the reasonable time of proceedings the time interval between application and initiation of proceedings in the case that all ended in a conviction.
Advisor of the Federal chamber of lawyers of Russia Yevgeny Rubinstein explained “Kommersant” that over the past year, the COP several times checked the constitutionality of part 3 of article 6.1 of the code of criminal procedure. “At first it was declared unconstitutional, this rule was not taken into account in determining a reasonable time period from the date of submission of victim statements about the crime to the time of the initiation of criminal proceedings in cases where proceedings in this case ended with a judgment of conviction, and then that the rule did not take into account the period of application and before the initiation of proceedings in cases where the proceedings was terminated in connection with death,” said Mr Rubinstein.
He noted that each time the court ordered to amend the code of criminal procedure. “As a result of the calculating mindtion of the term criminal justice system should begin with specific legal fact of filing of application about a crime,” said Eugene Rubinstein, noting that this formulation should replace the vague notion of “since the beginning of criminal prosecution”.
“meanwhile, one can hardly hope that the proposed changes will affect the shortening of the so-called pre-investigation checks,” — said the expert.
meanwhile, the lawyer, Marina Yarosh said “Kommersant” that changes in legislation can have a positive impact on both the criminal investigations and inspections. “The law on validation and adoption of the procedural decision we have given up to 30 days, but in reality it lasts for months,” she explained, stressing that the results of these audits can be used to prosecute the case and to put on the shelf.
“If the amendment is adopted, the last to do will be difficult, as it will be possible to appeal against actions of the investigation as a violation of reasonable terms of legal proceedings”, — said Mrs. jarosz. She noted that previously, the courts routinely denied such complaints, but hopes that soon “will pay attention to them”.
In turn, the representative of the public Ombudsman lawyer Dmitry Grigoriadi said “Kommersant” that the decisions of the COP and the amendments of deputies of the state Duma “extremely positive.” “In my practice there were many cases with infinite dosledstvennaja checks that kept scaring business”, — said the representative Boris Titov, noting that “this carousel has been ongoing for 15 years.” “Now we will have the stage for further actions,” — said Mr. Grigoriadi.
Sergey Sergeev
