Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 8. Administration of Justice by the Court Alone

1. Justice on a criminal case in the Russian Federation shall be administered only by the court.

2. Nobody shall be recognized as guilty of committing a crime and subjected to a criminal punishment other than under the court sentence and in accordance with the procedure, established by the present Code.

3. The man on trial cannot be deprived of the right to the consideration of his criminal case in that court and by that judge, under whose jurisdiction it is referred by the present Code .

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 10. Immunity of the Person

1. No one can be detained on the suspicion of committing a crime or put under arrest in the absence of the legal grounds for this, envisaged in the present Code. Pending the court decision, no one can be detained for a term of over 48 hours.

2. The court, the prosecutor, the body of inquiry and the inquirer are obliged to immediately relieve any person, who has been illegally detained or illegally deprived of freedom, or illegally placed into a medical or psychiatric stationary hospital, or has been held in custody over a time term in excess of that stipulated by the present Code.

3. The person, with respect to whom was selected the measure of restriction in the form of being taken into custody, as well as the person detained on suspicion of committing a crime, shall be maintained under conditions precluding a threat to his life and health .

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 10. Immunity of the Person

1. No one can be detained on the suspicion of committing a crime or put under arrest in the absence of the legal grounds for this, envisaged in the present Code. Pending the court decision, no one can be detained for a term of over 48 hours.

2. The court, the prosecutor, the body of inquiry and the inquirer are obliged to immediately relieve any person, who has been illegally detained or illegally deprived of freedom, or illegally placed into a medical or psychiatric stationary hospital, or has been held in custody over a time term in excess of that stipulated by the present Code.

3. The person, with respect to whom was selected the measure of restriction in the form of being taken into custody, as well as the person detained on suspicion of committing a crime, shall be maintained under conditions precluding a threat to his life and health .

Part One. General Provisions

Section III. Proof and Proving

Chapter 13. Measures of Restriction

Article 109. Time Terms for Holding in Custody

1. Holding in custody during the inquisition of crimes shall not exceed two months.

2. If it is impossible to complete the preliminary investigation within a term of up to two
months and if there are no grounds for changing or for cancelling the measure of restriction, this term may be extended by the judge of the district court or of the military court of the corresponding level in accordance with the procedure, established by the third part of Article 108 of the present Code, for a term of up to six months. Further extension of the term may be effected with respect to the persons, accused of committing grave and especially grave crimes, only if the criminal case is of a particular complexity and if there are grounds for selecting this measure of restriction, by the judge of the same court upon application from the investigator, filed with the consent of the procurator of the subject of the Russian Federation or of the military prosecutor equated with him, for up to twelve months.

3. The term of holding in custody for over twelve months may be extended only in exceptional cases, with respect to the persons accused of committing especially grave crimes, by the judge of the court specified in Part 3 of Article 31 of the present Code, or of the military court of the corresponding level at an application from the investigator, filed with the consent of the Procurator-General of the Russian Federation or of his Deputy, for up to 18 months.

4. A further extension of the said term is inadmissible. The accused, who is held in custody, shall be subject to an immediate release, with the exception of the cases mentioned in Item 1 of the eighth part of this Article .

SECTION ONE

CHAPTER 2. HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 22

1. Everyone shall have the right to freedom and personal inviolability.

2. Arrest, detention and keeping in custody shall be permissible only under a court order. A person may not be detained for more than 48 hours without a court order.

SECTION ONE

CHAPTER 2. HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 47

1. Nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law.

2. Any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by federal law.

Special Part

Section X. Crimes Against State Power

Chapter 31. Crimes Against the Administration of Justice

Article 301. Illegal Detention, Taking into Custody, or Keeping in Custody

1. Knowingly illegal detention
shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to two years, with disqualification to hold specified offices or to engage in specified activities for a term of up to three years, or without such disqualification.

2. Knowingly illegal taking into custody or keeping in custody
shall be punishable by deprivation of liberty for a term of up to four years.

3. Deeds stipulated in the first or second part of this Article, and entailing grave consequences,
shall be punishable by deprivation of liberty for a term of three to eight years .