SIGNIFICANT VIOLATIONS OF THE CRIMINAL PROCEDURE LAW WHEN VARYING A PRE-TRIAL RESTRAINT BY THE COURT SENTENCE AND THE COURT OF APPEAL

Abstract

The paper analyzes the violations of the criminal procedure law committed by the courts in the event of varying a pre-trial restraint from house arrest for arrest.  It resulted in the fact that convicted I. was held in custody without a court decision, unlawfully from 14 April 2016 to 26 September 2016, that is, within 5 months and 12 days. The violations of the Code of Criminal Procedure of the Russian Federation were committed both during sentencing and during appointing a hearing by the court of appeal and when considering a petition for varying a restraint. In making the final decision on September 26, 2016, the court of appeal stated: “At the same time, varying a pre-trial restraint for detention, the court, in violation of paragraph 10 of part 1 of Article 308 of the Code of Criminal Procedure of the Russian Federation, did not indicate in the verdict that the pre-trial restraint is imposed prior to entry of judgment into legal force and these violations are subject to elimination”. The court of appeal on September 26, 2016 issued a private ruling on the fact of the law violation, indicating that the court, in violation of paragraph 10 of part 1 of Article 308 of the Code of Criminal Procedure, had not indicated in the operative part of the  judgment that the pre-trial restraint  had been varied before the judgment entered into legal force. Despite the fact that the violation of the Code of Criminal Procedure of the Russian Federation while varying the pre-trial restraint was recognized by the court of appeal in court ruling of September 26 and in a private ruling, the judge of the Supreme Court of the Republic of Tatarstan I.F. Zagidullin while considering a cassation complaint, states “According to the materials of the criminal case, the custody terms of I. were prolonged in strict compliance with legal requirements”.