Ombudsmen propose to limit the period of detention

The Commissioner for Human Rights in Russia Vladimir Lukin and the Boris Titov, Commissioner for the Protection of the Rights of Entrepreneurs, propose to amend the Code of Criminal Procedure, which provide for the deadline for detention of the accused of committing a crime. This, according to RIA Novosti, Titov said at a press conference. "To provide in the Code of Criminal Procedure of the Russian Federation the deadline for the detention of a person accused of committing a crime, without any exceptions to extend this period by a court decision," the appeal of Lukin and Titov to President Putin said.

"The term of detention for more than 12 months can only be extended in exceptional cases against persons accused of committing especially serious crimes ... Up to 18 months, - the current article 109 of the Code of Criminal Procedure reads." Further extension of the deadline is not allowed. The accused contained in custody is subject to immediate release. " However, exceptions are also provided here. The term can be extended to familiarize the accused with the case.

In addition, the Ombudsmen propose to supplement Article 63 of the Code of Criminal Procedure (the inadmissibility of the judge’s repeated participation in the consideration of a criminal case). In their opinion, a ban on the judge’s participation in the consideration of the case should be introduced if he had previously made decisions on the application of a preventive measure in the form of detention or to extend the term of detention of the accused under arrest.

Titov noted that at the moment about 700 appeals were received, and 40 percent of them are associated with the criminal prosecution of entrepreneurs. "On such appeals, we conduct a legal examination, according to the results of which the decision is made - to interfere with us or not," he said.

According to Titov, only a small number of entrepreneurs managed to help so far. At the same time, 10-15 percent of appeals that concern administrative persecution end with the solution of the issue posed in them. In addition, Titov noted that a large number of complaints incoming concerns, where there are no entrepreneurial activities at all. “Of course, we do not take us for such matters,” he said.

Titov was appointed Commissioner for Entrepreneurs' Rights by Decree of the President on June 21. According to Putin, the Institute of Business Ombudsman will receive the right to defend the interests of entrepreneurs in court, suspend departmental normative acts by decision of the court and, as interim measures, apply to the court with the operational suspension of the actions of officials.