According to the presumption of innocence, citizens have the right to defend themselves in any way not prohibited by law. For a competent defense in criminal proceedings, it is possible to make copies of a criminal case initiated against a specific person. Let's see how this procedure is carried out.
Instructions
Step 1
The Criminal Procedure Code of the Russian Federation (Criminal Procedure Code of the Russian Federation) provides for the possibility of obtaining copies of a criminal case. This process is described in article 217 of the Criminal Procedure Code of the Russian Federation, which states that "in the process of getting acquainted with the materials of a criminal case, which consists of several volumes, the accused and his defense lawyer have the right to re-refer to any of the volumes of the criminal case, as well as to write out any information in any volume, make copies of documents, including with the help of technical means."
Step 2
During the preliminary investigation, the accused also has the right to receive certain types of procedural documents. Thus, the accused has the right to demand a copy of the decision to initiate a criminal case (provided that the case is instituted against him, and not against unidentified persons), a copy of the protocol on the search in his home, a copy of the decision on prosecution as an accused.
Step 3
Copies of other documents are usually not provided. However, there are exceptions to every rule. For example, the defendant may be provided with a copy of the expert opinion (if it is too difficult to read at a time). Obtaining copies of a criminal case, the provision of which is not provided for by law, is possible only at the request of the accused. So in order to obtain a copy of the same expert opinion, it is necessary to submit a separate written request (or declare this during the oral acquaintance with the entry into the protocol) to the investigator or to the head of the investigative body. Upon his satisfaction, the relevant materials will be provided.
Step 4
At the stage of judicial review, it is also possible to obtain copies of the criminal case. To do this, you must apply to the court that is considering the case with a written statement. It should include the reasons why copies are required. The decision to provide copies of the criminal case is decided by a court hearing.
