ned the [counsel's] request together with other circumstances of the case, the nature of the charges levelled against Sychev, the information about his personality and his income, and the fact that he has a permanent place of residence, the military court considers it possible to vary the preventive measure by replacing detention with bail and fixes its amount at 10,000 roubles."
L. Partial discontinuation of the criminal proceedings
against the applicant
47. In a decision of 26 August 2002 the trial court discontinued the criminal proceedings against the applicant for theft, fraud and obstructing the course of justice and the preliminary investigation because the prosecutor had dropped those charges in view of the lack of evidence that the applicant had committed the crimes concerned.
48. It does not appear that the applicant appealed against that decision.
M. The trial court judgment and the special ruling
49. It appears that on 4 September 2002 the Military Court of the Tyumen Garrison convicted the applicant on the remaining charges but dispensed him from punishment, having applied an amnesty law. It appears that the applicant did not appeal against the trial court's judgment.
50. On the same day the court issued a special ruling (частное постановление) indicating several violations of the law on criminal procedure during the preliminary investigation of the applicant's case. In particular, it was noted that the investigator had failed on numerous occasions to inform the applicant about his right to appeal against his decisions, that the applicant had not been provided with counsel upon his arrest and had been questioned in the absence of counsel, that a mass of evidence had been unlawfully obtained and added to the case file and that the documents in the file contained numerous unlawful erasures and corrections.
51. Judge Y. requested the military prosecutor of the Tyumen Garrison to take note of the above-mentioned shortcomings and to inform him about the measures taken in this connection.
II. Relevant domestic law
52. Until 1 July 2002 criminal-law matters were governed by the Code of Criminal Procedure of the Russian Soviet Federative 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").
A. Preventive measures
53. "Preventive measures" or "measures of restraint" (меры пресечения) include an undertaking not to leave a town or region, parole, bail and detention on remand (Article 89 of the old CCrP, Article 98 of the new CCrP).
B. Authorities ordering detention on remand
54. 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 detention on remand could be taken by a prosecutor or a court (Articles 11, 89 and 96).
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).
C. Grounds for ordering detention on remand
55. 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 89 of the old 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 and family s
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