Prohibition of certain actions is a new preventive measure in the Criminal Procedure Code of the Russian Federation

April 18, 2018 Vladimir Putin signed Federal Law No. 72-FZ

“On amendments to the Criminal Procedure Code of the Russian Federation in terms of the election and application of preventive measures in the form of prohibition of certain actions, bail and house arrest.” This law has supplemented the RF with a new Art. 105.1, fixing the procedure for establishing the prohibition of certain actions – a new preventive measure.

The prohibition of certain actions as a measure of restraint is chosen by a court decision if it is impossible to apply another, milder measure of restraint and consist in the obligation of the suspect or the accused to appear promptly when summoned by the inquiry officer, investigator or to the court, as well as to comply with one or several prohibitions provided for by the new article … Moreover, a new preventive measure can be selected at any time during the criminal proceedings.

If it is necessary to prohibit certain actions as a preventive measure, or to impose additional bans on the suspect or the accused, the investigator, with the consent of the head of the investigative body, or the interrogating officer, with the consent of the prosecutor, shall file a corresponding petition with the court.

The court, taking into account the data on the identity of the suspect or the accused, the factual circumstances of the criminal case and the information provided by the parties, may impose the following prohibitions (all or some of them):

1) go outside at certain periods of time outside the premises in which he lives as an owner, tenant or on other legal grounds;
2) be in certain places, as well as closer than the established distance to certain objects, attend certain events and participate in them;
3) communicate with certain persons;
4) send and receive postal and telegraphic items;
5) use the means of communication and the information and telecommunication network “Internet”;
6) drive a car or other vehicle if the crime committed is related to violation of traffic rules and the operation of vehicles.

In order to monitor compliance with the prohibitions, audiovisual, electronic and other technical means of control may be used, the list and procedure for their application are determined by the Government of the Russian Federation.

In case of violation by the suspect or the accused of the prohibitions imposed on him, refusal to use means of control against him or deliberate damage, destruction, violation of the integrity of these means, the court may change this preventive measure to a stricter one.

These changes come into force on April 29, 2018.