of January 28, 2014 No. 2
About application of the regulations of Chapter 47.1 of the Code of penal procedure of the Russian Federation regulating production in court of cassation instance
Due to the questions which arose at courts in case of application of regulations of Chapter 47.1 of the Code of penal procedure of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation and Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law of the Russian Federation", decides to make to courts the following explanations:
1. Production in court of cassation instance, being important guarantee of legality of judgments on criminal cases and realization of constitutional right of citizens on judicial protection, it is intended for the identification and elimination allowed by bodies of preliminary inquiry or court during prior trial of case of fundamental breaches of the penal statute (its wrong application) and (or) the criminal procedure law which affected the outcome of the case and the violations distorting essence of justice and sense of the judgment as the act of justice.
2. Draw the attention of courts that along with persons specified in article 401.2 Code of Criminal Procedure of the Russian Federation, the person accused, the defendant, person against whom criminal case is dismissed, person concerning which production about application of enforcement powers of medical nature, person to whom the enforcement power of educational impact, and person on whom the decision on issue for criminal prosecution or execution of sentence, their defenders and legal representatives, and also other persons is made is applied was conducted or conducted have the right to appeal to the court of cassation instance.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.