On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of May 21, 2013 No. 10-P

On the case of check of constitutionality of parts two and the fourth Article 443 of the Code of penal procedure of the Russian Federation in connection with the claim of the citizen S. A. Pervov and request of the magistrate judge of judicial site No. 43 of the city of Kurgan

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, G. A. Gadzhiyeva, Yu. M. Danilova, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the plenipotentiary of the Federation Council in the Constitutional Court of the Russian Federation A. I. Alexandrov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97, 99, 101, 102 and 104 Federal constitutional laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of parts two and the fourth article 443 Code of Criminal Procedure of the Russian Federation in open session.

Reason for consideration of the case were the claim of the citizen S. A. Pervov and request of the magistrate judge of judicial site No. 43 of the city of Kurgan. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by applicants of legislative provision.

As the claim and request concern the same subject, the Constitutional Court of the Russian Federation, being guided by article 48 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", connected cases on these addresses in one production.

Having heard the message of the judge-speaker N. V. Melnikov, explanation of the representative of the Federation Council, speech of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation A. S. Chervotkin, from the Ministry of Justice of the Russian Federation - E. A. Borisenko, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 443 Code of Criminal Procedure of the Russian Federation court, having recognized proved that the act prohibited by the penal statute is commited by person in diminished responsibility condition, issues the decree on the termination of criminal case and on refusal in application of enforcement powers of medical nature if this person does not constitute danger on the mental condition or it act of small weight is made; at the same time the court resolves issue of cancellation of measure of restraint (part two); in case of the termination of criminal case on the basis provided by part two of this Article, the copy of the court order within 5 days goes to body of health care for the solution of question of treatment or the direction of person needing mental health services in psychiatric hospital (part four).

1.1. Being guided by the article 21 "Diminished responsibility" UK of the Russian Federation and Item 2 parts one of the article 24 "The Refusal Bases in Initiation of Legal Proceedings or the Terminations of Criminal Case" Code of Criminal Procedure of the Russian Federation, the magistrate judge of judicial site No. 81 in Sovetsky district of the city of Krasnoyarsk the resolution of November 22, 2011 stopped criminal prosecution concerning the citizen H suffering from mental disturbance., accused of making of the acts provided by part one of the article 116 "Beating", part one of the article 119 "Threat of Murder or Causing Severe Harm to Health" (five episodes) and part one of the article 130 "Insult" (seven episodes) of UK of the Russian Federation. Refusing application concerning X. enforcement powers of medical nature, the magistrate judge recognized that the acts made by it belong to the category of crimes of small weight, and did not take into account the conclusions which were in prison of forensic-psychiatric examination that the person accused constitutes danger to himself and people around and needs forced treatment in psychiatric hospital of general type.

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