Постановление Европейского суда по правам человека от 17.06.2010 «Дело Логвиненко (Logvinenko) против России» [англ.]

cable laws]. Pursuant to Article 255 § 2 of the Russian Code of Criminal Procedure, the pre-trial detention in respect of [the applicant] and F. shall be calculated as of the date when the trial court received the case-file, that is, as of 12 July 2005. As a general rule, the period of detention in question shall not exceed six months, notably 12 January 2006. Article 255 § 3 of the Russian Code of Criminal Procedure stipulates that the court may, upon expiry of the six-month period, extend the defendants' pre-trial detention if the defendants are charged with serious and particularly serious criminal offences. Each extension in that case cannot exceed three months. The Resolution of the Constitutional Court of Russia as of 22 March 2005 confirmed that Article 255 §§ 2 and 3 of the Russian Code of Criminal Procedure was not in breach of the Russian Constitution. The [defendants'] complaints in respect of [the alleged unlawfulness of their pre-trial detention] are based on an erroneous interpretation of the applicable rules of criminal procedure."
20. On 2 March 2006 the District Court further extended the defendants' pre-trial detention until 12 July 2006, noting as follows:
"[The court] does not discern any grounds, as established by law, to change or lift the restrictive measure earlier applied in respect of [the defendants] since the circumstances taken into account by the court at the time the restrictive measure was applied have not ceased to exist. [The defendants] are charged with a very serious criminal offence..."
21. On 25 April 2006 the Regional Court upheld the decision of 2 March 2006 on appeal.
22. On 7 June 2006 the District Court extended the defendants' pre-trial detention until 12 October 2006. The court reiterated verbatim the reasoning of the previous detention orders. On 4 July 2006 the Regional Court upheld the decision of 7 June 2006 on appeal.
23. On 21 August 2006 the District Court found the applicant guilty of manslaughter and sentenced him to seven years' imprisonment.
24. On 12 October 2006 the Regional Court upheld the applicant's conviction on appeal.

II. Relevant domestic law and practice

A. The Russian Code of Criminal Procedure

25. Until 1 July 2002 criminal-law matters were governed by the Code of Criminal Procedure of the Russian Soviet Federalist Socialist Republic (Law of 27 October 1960, "the old CCrP"). From 1 July 2002 the old CCrP was replaced by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001, "the new CCrP").
26. The Russian Constitution of 12 December 1993 establishes that a judicial decision is required before a defendant can be detained or his or her detention extended (Article 22). Under the old CCrP, a decision ordering pre-trial detention could be taken by a prosecutor or a court (Articles 11, 89 and 96). The new CCrP requires a judicial decision by a court on a reasoned request by a prosecutor supported by appropriate evidence (Article 108 §§ 1, 3 - 6).
27. Before 14 March 2001, pre-trial detention was authorised if the accused was charged with a criminal offence carrying a sentence of at least one year's imprisonment (Article 96). The amendments of 14 March 2001 repealed the provision that permitted defendants to be remanded in custody on the sole ground of the dangerous nature of the criminal offence they had committed. The new CCrP reproduced the amended provisions (Articles 97 § 1 and 108 § 1) and added that a defendant should not be remanded in custody if a less severe preventive measure was available.
28. Under the new CCrP, "preventive measures" include an undertaking not to leave a town or region, personal surety, bail and detention (Article 98). If necessary, the suspect or accused may be asked to give an undertaking to appear (Article 112

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