CrP).
2. Authorities ordering detention
43. The Russian Constitution of 12 December 1993 provides that a judicial decision is required before a defendant can be detained or his or her detention extended (Article 22).
The new CCrP requires a judicial decision by a district or town court on a reasoned request by a prosecutor, supported by appropriate evidence (Article 108 §§ 1, 3 - 6).
3. Grounds for remand in custody
44. When deciding whether to remand an accused in custody, the competent authority is required to consider whether there are "sufficient grounds to believe" that he or she would abscond during the investigation or trial or obstruct the establishment of the truth or reoffend (Article 97 § 1 of the new CCrP). It must also take into account the gravity of the charge, information on the accused's character, his or her profession, age, state of health, family status and other circumstances (Article 99 of the new CCrP). A defendant should not be remanded in custody if a less severe preventive measure is available.
4. Time-limits for detention
(a) Two types of remand in custody
45. The Code makes a distinction between two types of remand in custody: the first being "during investigation", that is, while a competent agency - the police or a prosecutor's office - is investigating the case, and the second being "before the court" (or "during trial proceedings"), at the judicial stage. Although there is no difference in practice between them (the detainee is held in the same detention facility), the calculation of the time-limits is different.
(b) Time-limits for detention "during investigation"
46. After arrest the suspect is placed in custody "during investigation". The maximum permitted period of detention "during investigation" is two months but this can be extended for up to eighteen months in "exceptional circumstances". Extensions are to be authorised by judicial decisions, taken by courts of ascending levels. No extension of detention "during investigation" beyond eighteen months is possible (Article 109 § 4 of the new CCrP).
47. The period of detention "during investigation" is calculated up to the day when the prosecutor sends the case to the trial court (Article 109 § 9 of the new CCrP).
48. Access to the materials in the file is to be granted no later than one month before the expiry of the authorised detention period (Article 109 § 5 of the new CCrP). If the defendant needs more time to study the case file, a judge may, at the request of a prosecutor, grant an extension of the detention until such time as the file has been read in full and the case sent for trial (Article 109 § 8 (1) of the new CCrP).
(c) Time-limits for detention "before the court"/"during judicial proceedings"
49. From the date the prosecutor refers the case to the trial court, the defendant's detention is classified as "before the court" (or "during judicial proceedings").
50. The new CCrP provides that the term of detention "during judicial proceedings" is calculated from the date the court received the file up to the date on which the judgment is given. The period of detention "during judicial proceedings" may not normally exceed six months, but if the case concerns serious or particularly serious criminal offences, the trial court may approve one or more extensions of no longer than three months each (Article 255 §§ 2 and 3).
5. Time-limits for trial proceedings
51. The new CCrP empowers the judge, within fourteen days of receipt of the case file, (1) to refer the case to a competent court; (2) to fix a date for a preliminary hearing; or (3) to fix a trial date (Article 227). In the latter case, the trial proceedings must begin no later than fourteen days after the judge h
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