FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2010 No. 433-FZ

About modification of the Code of penal procedure of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation

Accepted by the State Duma on December 22, 2010

Approved by the Federation Council on December 24, 2010

Article 1

Bring in the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, N 52, Art. 4921; 2002, N 22, Art. 2027; 2003, N 27, Art. 2706; N 50, of Art. 4847; 2005, N 23, Art. 2200; 2006, N 3, Art. 277; N 31, of Art. 3452; 2007, N 24, Art. 2830, 2833; N 31, of Art. 4011; 2008, N 49, Art. 5724; 2009, N 1, Art. 29; N 11, of the Art. 1266, 1268; N 26, of Art. 3139; N 52, of Art. 6422; 2010, N 1, Art. 4; N 15, of Art. 1756; N 19, of Art. 2284; N 27, of the Art. 3416, 3427; N 30, of Art. 3986; N 31, of Art. 4164; N 49, of the Art. 6419) following changes:

1) in Article 5:

a) Item 2 after the words "in legal force sentences" to add with the word", determinations";

b) state Item 14 in the following edition:

"14) cassation instance - the court considering in cassation procedure criminal cases according to claims and representations to the sentences which took legal effect, determinations and resolutions of courts;";

c) state Item 16 in the following edition:

"16) supervising instance - the Presidium of the Supreme Court of the Russian Federation considering according to the procedure of supervision criminal cases according to supervising claims and representations to the sentences which took legal effect, determinations and resolutions of courts;";

d) state Item 23 in the following edition:

"23) determination - any decision passed jointly by courts of the first, appeal and cassation instances, except for sentence and cassation determination;";

e) state Item 51 in the following edition:

"51) legal proceedings - judicial session of courts of the first, second, cassation and supervising instances;";

e) state Item 53 in the following edition:

"53) court of the second instance - Appeal Court;";

g) add with Items 53.1 - 53.3 following of content:

"53. 1) the judgment - the sentence, determination, the resolution which are taken out in case of criminal proceeding in courts of the first and second instances; the determination and the resolution which are taken out in case of criminal proceeding in court of cassation instance; the decree issued in case of criminal proceeding in Supervisory Court;

53. 2) the final judgment - sentence, other judgment passed during legal proceedings to which criminal case is allowed in essence;

53. 3) the intermediate judgment - all determinations and court orders, except for the final judgment;";

"Chapters 43 - 45, 48" shall be replaced with words 2) in part two of Article 19 of the word "Chapters 45. 1, 47.1, 48.1";

3) in Article 30:

a) in Item shall be replaced with words 2 parts two of the word "in Article 31 part three" "in Item of 1 part three of Article 31";

b) the third and fourth to state parts in the following edition:

"3. Consideration of criminal cases in appeal procedure is performed:

1) in district court - the judge of district court solely;

2) in superior courts - court as a part of three judges of federal court of the general jurisdiction.

4. Consideration of criminal cases in cassation procedure is performed by presidium of the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court as a part of at least three judges, Judicial board on criminal cases of the Supreme Court of the Russian Federation and Military board of the Supreme Court of the Russian Federation as a part of three judges, and according to the procedure of supervision - most of members of Presidium of the Supreme Court of the Russian Federation.";

c) in part six "cassation" to replace the word with the word "appeal";

4) in Article 31:

a) third to state part in the following edition:

"3. To the Supreme Court of the republic, regional or regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court are jurisdictional:

1) criminal cases about the crimes provided by articles 105 part two, the 126th part three, 131 parts three and the fourth, 132 parts three and the fourth, 205 - 205.2, 206 parts two - the fourth, 208th part one, 209 - 211, the 212th part one, 227, 228.1 part five, 229.1 part four, 275 - 279, 281, 295, 317, 353 - 358, 359 parts one and the second and 360 Criminal Codes of the Russian Federation;

2) criminal cases concerning the member of the Federation Council, the deputy of the State Duma, the judge of federal court, the magistrate judge according to their petition declared prior to legal proceedings;

3) criminal cases which materials contain the data which are the state secret.";

b) part the fourth to recognize invalid;

c) add with part sedmoy.1 the following content:

"7.1. If cases on the crimes committed by the group of persons, group of persons by previous concert organized by group or criminal society are jurisdictional to military court concerning at least one of accomplices, and allocation of criminal case concerning other persons is impossible, the specified cases in the relation of all persons are considered by the relevant military court.";

5) part the second Article 33 to recognize invalid;

6) in Article 42 part two:

a) in Item 13 of the word "appeal and cassation" shall be replaced with words "appeal, cassation and supervising";

b) to add Item 14 after the word "second" with the word", cassation";

Item 14 parts four of article 44 after the word "second" to add 7) with the word", cassation";

8) 16 parts four of article 47 after the word "second" to add Item with the word", cassation";

Item 9 parts one of article 53 after the word "second" to add 9) with the word", cassation";

Item 10 parts two of article 54 after the word "second" to add 10) with the word", cassation";

Part the eleventh Article 108 to state 11) in the following edition:

"11. The judge's ruling on election as measure of restraint of detention or about refusal in it can be appealed in appeal procedure taking into account features, stipulated in Article 389.3 of this Code, within 3 days from the date of its removal. The Appeal Court makes the decision according to the claim or representation not later than in 3 days from the date of their receipt. The judgment of appellate instance about cancellation of the judge's ruling on election as measure of restraint of detention is subject to immediate execution. The judgment of appellate instance can be appealed in cassation procedure by the rules established by Chapter 47.1 of this Code.";

12) in Article 127:

a) in word part one "Chapters 43 - 45" shall be replaced with words "Chapters 45.1 and 47.1";

b) in word part two "Chapters 48 and 49" shall be replaced with words "Chapters 48.1 and 49";

Shall be replaced with words 13) in part four of Article 255 of the word "in cassation procedure" "in appeal procedure";

14) in Article 259:

a) in Item "court of cassation instance" shall be replaced with words 16 parts three of the word "Appeal Court";

b) in part seven of the word "in cassation instance" shall be replaced with words "in appellate instance", shall be replaced with words the words "for cassation appeal" "for appeal appeal";

"Chapters 43 - 45" shall be replaced with words 15) in part three of Article 309 of the word "Chapter 45.1", shall be replaced with words words of "cassation instance" "appellate instance";

"Chapter 43" shall be replaced with words 16) in part nine of Article 316 of the word "Chapter 45.1";

Article 317 to state 17) in the following edition:

"Article 317. Limits of appeal of sentence

The sentence decided according to article 316 of this Code cannot be appealed in appeal procedure on the basis, stipulated in Item 1 Article 389.15 of this Code.";

"Chapter 43" shall be replaced with words 18) in part seven of Article 317.7 of the word "Chapter 45.1";

"Articles 354 and 355" shall be replaced with words 19) in part one of Article 323 of the word "Articles 389.1 and 389.3";

Shall be replaced with words 20) in part five of Article 348 of the word "in cassation procedure" "in appeal procedure";

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