Difference between revisions of "Russia"

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===Rights at trial===
 
===Rights at trial===
 
=====Double jeopardy=====
 
=====Double jeopardy=====
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Article 50 of the Constitution guarantees that no one may be convicted twice for one and the same crime.
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Article 6 of the Criminal Code of the Russian Federation states that no one may bear double criminal jeopardize for one and the same crime.
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=====Legality principle=====
 
=====Legality principle=====
 
=====Presumption of innocence=====
 
=====Presumption of innocence=====

Revision as of 11:40, 3 May 2012

Contents

Background

The Russian Federation is the biggest country all over the world, with its territory of 17 million sq. km. and 139.4 million of people, Moscow is its capital. Following the Russian revolution 1917, Russia became the largest and leading constituent of the Soviet Union, the world's first constitutionally socialist state and a recognized superpower. The Russian Federation was founded following the dissolution of the Soviet Union in 1991, but is recognized as the continuing legal personality of the Soviet state. Russia is a permanent member of the United Nations Security Council, a member of the G8, G20, the Council of Europe, the Asia-Pacific Economic Cooperation, the Shanghai Cooperation Organization, the Eurasian Economic Community, the Organization for Security and Cooperation in Europe (OSCE), and is the leading member of the Commonwealth of Independent States.

Type of system

The legal system of the Russian Federation is civil – legal system inspired by Roman law, the primary feature of which is that laws are written into a collection and codified. The judiciary in Russia is split into three branches: the regular court system with the Supreme Court at the top, the arbitration court system with the High Court of Arbitration on top, the Constitutional Court and constitutional (charter) courts of the subjects of federation as separate bodies. Criminal cases are heard by magistrates’ courts, courts of districts, courts of federal subjects (states), Supreme Court depending on the severity of a crime.

Sources of Defendant's rights

Constitution

Some fundamental defendant’s rights are guaranteed by the Constitution of Russian Federation adopted 12 of December, 1993. Moreover, the universally-recognized norms of international law and international treaties and agreements of the Russian Federation are a component part of its legal system. It means that after ratifying a treaty Russian Federation has an obligation to integrate the treaty’s norms into national legislation.

  • article 20 – right to have the case examined by jury trial;
  • article 22 – time limitation of the detention without the court’s decision;
  • article 23 – right to privacy of letters limited only by court warrant;
  • article 24 - ensure right to discovery for everyone;
  • article 25 – privacy of the home;
  • article 46 – guarantee judicial protection of freedoms and rights, the right to appeal to international bodies;
  • article 47 - the right to the consideration of the case in competent court;
  • article 48 - the right to qualified legal assistance, the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or facing charges;
  • article 49 – the presumption of innocence;
  • article 50 – double jeopardy, the right to appeal against the judgment of a lower court decision to a superior court;
  • article 51 – the right not to give self-incrimination evidence or against husband/wife and close relatives;
  • article 54 – Ex Post Facto.

Statutory

The Code of Criminal procedure (CCP) of 2001 contains the variety of defendant’s rights at all stages of the criminal process.

Other Sources

Russian law implements the rights provided by following the most important international documents: International Covenant on Civil and political Rights (ratification - 1973), International Covenant on Economic, Social and Cultural Rights (ratification - 1973), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratification 1987), European Convention on Human Rights and its Five Protocols (ratification – 1998), the Convention on the Rights of the Child (ratification - 1990), United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) (ratification - 1973), the Convention on the Elimination of all Forms of Discriminations Against Women (ratification - 1981).

Protections from police

Article 13 of the law “On the police” contains grants and limits of the rights of the police.

Article 53 of the law “On the police” - the right to appeal against police officer’s actions in violation of the rights and lawful interests of citizens.

Identity Checks

The police have a right to check identity documents of citizens, if there is a reason to suspect them of committing a crime or belief that they are wanted.

Stop and Frisks

The police have a right to carry out personal searches of citizens and their property, when there is evidence that these citizens have a weapon, explosive devices, drugs, psychotropic substances.

Right to silence

Article 51 of the Constitution guarantees the freedom from self-incrimination. Article 47 of the CCP - the accused has the right to give evidence, not an obligation that means he may deny giving it. Article 173 of the CCP - if the accused refuses to give evidence, the investigator should note it.

Right to counsel

Article 48 of the Constitution - everyone is guaranteed the right to qualified legal assistance. If the defendant cannot provide a lawyer for himself, he/she may ask the state for legal assistance and it is free. Any person detained, taken into custody, accused of committing a crime have the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or being charged.

Confessions

See the right to silence.

Chapter 40 of the CCP contains a special order of judicial proceeding when the accused agrees with the charge brought against him and asks for passing a sentence without conducting the judicial proceedings. There must be consent of the public or of the private prosecutor and of the victim as well.

Search and seizure

Article 182 of the CCP: making a search is allowed if there is a sufficient data to believe that the person may keep in the place the instruments of crime, objects, documents and valuables. The search is to be performed on the basis of an investigator's resolution. The search in the living quarters is to be effected on the basis of a judicial order.

Article 183 of the CCP: the seizure is allowed if it is known exactly where certain objects and documents are and who is keeping them. The seizure is to be performed on the basis of an investigator's resolution. The seizure of the accounts and other bank documents is to be effected on the basis of the judicial order. Before the start of the seizure, the investigator suggests the subject to the seizure to be given out voluntarily, and if not, he makes the seizure under coercion.

Arrest

The police protect everyone's right to liberty and security. Before the court's decision the person may not be detained for more than 48 hours.

Article 14 of the law “On the police” provides the police’s right to arrest persons under the specific circumstances. In each case the officer must explain the person detained his right to counsel, right to an interpreter, the right to inform relatives or close persons of the fact of his detention, the right to refuse to give an explanation.

During detention

Freedom from prolonged pre-trial detention

Article 94 of the CCP - after an expiry of 48 hours from the moment of detention, the suspect is to be released. There are two exceptions: if the court issues an order for taking into custody or the court extends the term of detention.

See more in pre-trial detention (police procedure).

Freedom from punishment

Article 49 of the Constitution guarantees the presumption of innocence. A defendant facing criminal prosecution is considered innocent until proven guilty.

Right to counsel

Article 48 of the Constitution - any person detained, taken into custody, accused of committing a crime shall have the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or facing charges accordingly.

Article 49 of CCP - the counsel for the defense takes part in the criminal case as from the moment of the actual detention of the person suspected of committing a crime.

Right to habeas corpus

There is no right to habeas corpus.

Right to medical care

Article 17 of the federal law “On the detention of persons suspected or accused of committing crimes” - suspects and accused have the right to receive free health-care provision.

Rights at trial

Double jeopardy

Article 50 of the Constitution guarantees that no one may be convicted twice for one and the same crime.

Article 6 of the Criminal Code of the Russian Federation states that no one may bear double criminal jeopardize for one and the same crime.

Legality principle
Presumption of innocence
Standards of proof and standards for conviction
Right to compulsory process
Right to confront witnesses
Right to counsel
Right to a fair trial
Right to notice of charges
Right to non self-incrimination
Right to a speedy trial
Right to trial by jury
Right to impartial judge

Sentencing

Capital punishment
Ex-post facto punishment
Freedom from cruel or unusual punishment
Freedom from torture
Right to appeal
Right not to be fined excessively

Rights in prison

Conditions of confinement
Immigrant detention
Right to medical care in prison
Mental health care
Restriction of rights
Women's rights in prison

Ways to protects rights

Motions

Exclusionary Rule or Nullity of Procedure

Civil Action

Police Procedures

Complaint/information

Arrest, search and seizure laws

Stops and Frisks
Arrests
Pre-trial detention
Searches

Lineups and other identification procedures

Interrogation

Beofre formal charge in court
After defendant is formally charged
Enforcing the rules (procedures to protect against illegal interrogation)

Right to counsel

Court Procedures

Pre-trial

Initial Court-Appearance
Charging instrument
Preliminary hearing
Pre-trial motions
Discovery

Trial

Nature of the trial
Defendant
Lawyers
Expert witnesses
Judges
Victims

Sentencing

Appeals

Right to counsel
Ineffective assistance of counsel
Other grounds for appeals
Collateral remedies (habeas, etc)