
The State Duma adopted immediately in the second and third readings a bill, which significantly limits the number of operational and investigative measures requiring the participation of witnesses, Rapsei reports. The document was entered in the lower house in March 2012 then President Dmitry Medvedev and in May passed the first reading.
In the new order, attracting witnesses will become necessary only during a search, personal search, as well as identification of a person or object. In other cases, the investigator has the right to not invite witnesses. Instead, he will be obliged to use technical means of fixation. If their use is impossible, the investigator will have to indicate this in the protocol.
In addition, the law provides for a number of significant innovations. One of the most important is the introduction of a reduced inquiry procedure, for which the new chapter 32-1 is included in the Code of Criminal Procedure. If the term of the usual inquiry is two months, then it allocates 15 days to the reduced bill and only in exceptional cases it can be extended for 20 days. With this procedure, interrogators will receive the right not to check evidence that are not disputed by the suspect, his protection and victims, and not to appoint an examination, if the required studies have already been conducted during the preliminary investigation.
An inquiry in an abbreviated form will be possible only in cases where the suspect fully pleads guilty, does not object to the formulation of the prosecution and agree with the size of the sane damage.
The application of such a procedure will automatically lead to the consideration of the case by the court in a special order. In this case, the defendant will be able to expect that his term or fine will be no more than half of the maximum established by the corresponding article of the Criminal Code.
Along with this, the new law expands the powers of the investigation when checking reports of a crime. Now the investigating authorities will be able to receive explanations, samples for the study, to demand and seize interest and papers, appoint a forensic examination, and conduct inspections.
On the other hand, persons, somehow involved in checking the reports of a crime, will receive the rights that only the defendants in criminal cases now have. In particular, they will be allowed not to testify against himself and their loved ones and resort to the services of a lawyer.