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

of October 29, 2009 No. 22

About practice of application by courts of measures of restraint in the form of detention, pledge and house arrest

Due to the questions of application of measure of restraint arising at courts in the form of detention, about terms of detention and about cancellation or change of measure of restraint the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:

1. Draw the attention of courts to need in case of decision making about the conclusion of the suspect or person accused into custody as measure of restraint, about prolongation of terms of detention to observe the rights of such persons following from sense of article 5 of the Convention on human rights protection both fundamental freedoms and stipulated in Article 22 Constitutions of the Russian Federation.

2. Detention as measure of restraint can be chosen only in case of impossibility of application of other, softer, measures of restraint. For the solution of question of possibility of application of measure of restraint in the form of detention of the suspect or the person accused in crime execution for which the penal statute prescribes custodial sanction for the term of over two years the court should check justification of suspicion of participation of person in the committed crime in each case. At the same time it must be kept in mind that reasonable suspicion assumes availability of sufficient data that the corresponding person could commit this crime, including specified in article 91 Code of Criminal Procedure of the Russian Federation.

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