RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 5, 2004 No. 1

About application of regulations of the Code of penal procedure of the Russian Federation by courts

Due to the questions which arose in court practice on application of some regulations of the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation), the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:

1. Draw the attention of courts to their obligation by consideration of criminal cases and pronouncement of decisions to observe the principles of the criminal trial having the appointment protection of the rights and legitimate interests of persons and the organizations which were injured from crimes and also protection of the personality against illegal and insubstantial accusation, condemnation, restriction of its rights and freedoms established by Chapter 2 the Code of Criminal Procedure of the Russian Federation.

2. Resolving issue of whether the proof on criminal case is inadmissible on the bases specified in Item 3 of part 2 of article 75 Code of Criminal Procedure of the Russian Federation, the court shall find out in each case in what the allowed violation was specifically expressed. Owing to part 7 of article 235 Code of Criminal Procedure of the Russian Federation by consideration of criminal case in essence the court according to the petition of the party has the right to consider repeatedly question of recognition of the excluded proof admissible.

3. No. 29 is excluded according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 30.06.2015.

4-11. Are excluded

12. Ceased to be valid

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