extension orders had been issued. It found that the grounds for the defendants' detention mentioned in the extension orders were still pertinent and it was still necessary to hold them in custody. The defendants had been charged with a serious criminal offence committed by an organised group, some members of which had not yet been identified. Given the gravity of the charges against them, they might abscond, reoffend or interfere with the establishment of the truth if released.
25. On 12 December 2007 Moscow City Court upheld the decision on appeal.
26. On 26 December 2007 Taganskiy District Court extended the defendants' detention until 12 April 2008. It found that the grounds for their detention mentioned in the previous extension orders were still pertinent and a risk remained of their absconding, reoffending or obstructing the justice. The court also noted that the defendants' arguments about the absence of corpus delicti in their actions and about the lack of evidence of their involvement in the commission of the imputed offence were without substance because, in extending the defendants' detention, the court could not make any findings as to their guilt or innocence.
27. The applicant appealed, arguing that the District Court's conclusions had been hypothetical. It had issued a collective detention order and had not taken into account the personal circumstances of each defendant. In particular, it had disregarded the applicant's arguments that he had no criminal record, had positive references, a permanent place of residence and employment, and was the only breadwinner for his ailing wife and minor daughter. He had offered to post bail and had provided the District Court with the personal surety of a member of Parliament. He finally submitted that during the year that had passed between the imputed events and his arrest he had not made any attempts to abscond or interfere with the investigation. Therefore, there were no reasons to believe that he would do it at the advanced stage of the proceedings.
28. On 12 March 2008 Moscow City Court upheld the extension order on appeal, finding that it had been lawful and justified, as there had been no reason to release the defendants.
29. On 24 March 2008 Taganskiy District Court convicted the defendants as charged and sentenced the applicant to one year and six months' imprisonment.
II. Relevant domestic law
30. Since 1 July 2002 criminal law matters have been governed by the Code of Criminal Procedure of the Russian Federation (Law No. 174-FZ of 18 December 2001).
31. "Preventive measures" or "measures of restraint" (меры пресечения) 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 (обязательство о явке) (Article 112).
32. When deciding on a preventive measure, the competent authority is required to consider whether there are "sufficient grounds to believe" that the accused would abscond during the investigation or trial, reoffend or obstruct the establishment of the truth (Article 97). 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).
33. Detention may be ordered by a court if the charge carries a sentence of at least two years' imprisonment, provided that a less restrictive preventive measure cannot be applied (Article 108 § 1).
34. After arrest the suspect is placed in custody "during the investigation". The period of detention during the investigation may be extended beyond six months only if the detainee is charged with a serious or particularly serious criminal offence. No extension beyond eighteen months is possible (Art
> 1 2 3 ... 13 14 15 ... 19 20 21
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
