sions of 25 December 2003, endorsing the reasons given by the District Court.
F. Conviction on 12 February 2004
20. On 12 February 2004 the Sasovo District Court found the applicants guilty of aggravated abuse of position and sentenced them to three years and five months' and three years' imprisonment, respectively.
21. On 1 April 2004 the Ryazan Regional Court upheld the conviction.
II. Relevant domestic law
22. Until 1 July 2002 matters of criminal law 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").
A. Preventive measures
23. "Preventive measures" or "measures of restraint" include an undertaking not to leave a town or region, a personal guarantee, bail and remand in custody (Article 98 of the new CCrP).
B. Authorities ordering detention
24. 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).
C. Grounds for remand in custody
25. 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.
D. Time-limits for detention
1. Two types of remand in custody
26. 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.
2. Time-limits for detention "during investigation"
27. 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 at ascending levels. No extension of detention "during investigation" beyond eighteen months is possible (Article 109 § 4 of the new CCrP).
28. 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).
29. 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, on a request by a prosecutor, may 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).
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