to extend his detention to the date when the accused has finished studying the case file and the case has then been submitted for trial (§§ 4 and 8 (1)). After the completion of the investigation, an accused kept in detention must be provided with access to the case file no later than thirty days preceding the expiry of the maximum period of detention indicated in paragraphs 2 and 3 (§ 5). If such access was given later than that, the detainee must be released after the expiry of the maximum period of detention (§ 6). If the thirty-day time-limit was complied with, but was insufficient for the accused, the investigator, with the approval of the regional prosecutor, may request the court to extend the accused's detention. Such a request should be submitted no later than seven days before the expiry of the maximum detention period (§ 7).
57. Under Article 255 of the Code, after a criminal case has been submitted for trial to a court, the latter may, on the party's request or proprio motu, vary or annul a measure of restraint in respect of the defendant, including placement in custody or detention pending trial. The period of detention pending trial cannot normally exceed six months from the date when the case was submitted to a court and up to delivery of a judgment in the case. However, after the expiry of that period the trial court may extend the detention of a defendant charged with a serious or very serious offence. Each extension must not exceed three months.
58. Under Article 237 of the Code, the trial judge can return the case to the prosecutor for defects impeding the trial to be remedied, for instance if the judge has identified serious deficiencies in the bill of indictment or a copy of it was not served on the accused. The judge must require the prosecutor to comply within five days and must also decide on a preventive measure in respect of the accused. By a federal law No. 226-FZ of 2 December 2008, Article 237 was amended to the effect that, if appropriate, the judge should extend the accused's detention with due regard to the time-limits in Article 109 of the Code.
B. Relevant judicial practice
59. By a ruling of 10 October 2003, the Plenary Supreme Court provided the courts with guidance on the application of international law, indicating, inter alia, that when deciding matters relating to detention they should take into account that under Article 5 § 3 of the European Convention, a detainee is entitled to trial within a reasonable time or to release pending trial (§ 14 of the Ruling). When deciding on the remand matter, the court should take into account the rights protected by Articles 3, 5, 6 and 13 of the Convention; when examining an application for release or a complaint about the extension of detention the courts should take into consideration the requirements of Article 3 of the Convention (§ 15).
60. By a ruling of 22 March 2005, the Constitutional Court examined various provisions of the CCrP concerning detention pending investigation and trial. It held, in particular, that a valid detention order continued to be in force within the time-limit set therein, even when the case progressed from one to another stage of proceedings (§ 3.2 of the Ruling).
C. Criminal Code
61. Any period of pre-trial detention shall count towards the sentence of imprisonment (Article 72 § 3).
D. Conditions of detention
62. Order No. 7, issued on 31 January 2005 by the Federal Service for the Execution of Sentences, deals with implementation of the "Remand centre 2006" programme. The programme is aimed at improving the functioning of pre-trial detention centres so as to ensure their compliance with the requirements of Russian legislation. It expressly acknowledges the issue of overcrowding in pre-trial detention centres and seeks to reduce and stabilise the n
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