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

of April 16, 2013 No. 11

About modification of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 29, 1996 No. 1 "About the adjudication"

Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law of the Russian Federation", decides:

Item 2 of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 29, 1996 No. 1 "About the adjudication" (with the changes made by the resolution of the Plenum of February 6, 2007 No. 7) to state in the following edition:

"2. Draw the attention of courts that owing to Art. 240 of the Code of Criminal Procedure of the Russian Federation the sentence shall be based only on those proofs which were directly researched in judicial session, except as specified, provided by the Section X Code of Criminal Procedure of the Russian Federation. Taking into account the specified requirement of the law the court has no right to refer in confirmation of the conclusions on collected in the matter of the proof if they were not researched by court and did not find reflection in the protocol of judicial session. The reference in sentence to testimonies of the defendant, victim, the witnesses this in case of production of preliminary inquiry or in other judicial session is admissible only in case of the announcement of these indications by court according to the procedure provided by the Art. 276, 281 Code of Criminal Procedure of the Russian Federation. At the same time it must be kept in mind that the actual data containing in the announced indications as well as other proofs, can be the basis for conclusions and decisions in the matter of later their check and assessment by the rules established by the Art. 87, of 88 Codes of Criminal Procedure of the Russian Federation.

According to Items 1 and 3 (d) of Article 6 of the Convention on protection of the rights and fundamental freedoms, each person accused in making of criminal offense has the right to interrogate the witnesses showing against it or the right to that these witnesses were interrogated, and has the right to challenge and interrogation of witnesses in its advantage on the same conditions, as for the witnesses showing against it. In this regard conclusions of court about guilt of the defendant in crime execution cannot be based only or mainly (to a great extent) on the actual data containing in the announced testimonies of the victim or witness if accused (defendant) in stage of preliminary inquiry or the previous judicial sessions had no opportunity to dispute these indications (for example, to interrogate the victim showing against it or the witness on confrontation, to ask it questions, to state the objections in case of disagreement with indications).

In case of standing mute of the victim, the witness who is the spouse or the close relative of the defendant, and equally in case of standing mute of the defendant the court has the right to refer in sentence to the evidences given by these persons earlier, only if in case of production of preliminary inquiry relevant provisions of item 3 of the p. 2 of Art. 42 were explained to them; item 2 of the p. 4 of Art. 46; item 3 of the p. 4 of Art. 47; item 1 of the p. 4 of Art. 56 of the Code of Criminal Procedure of the Russian Federation according to which nobody shall witness against himself, the spouse and close relatives and also if they were warned that their indications can be used as proofs on criminal case including in case of their subsequent refusal of these indications".

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