New law makes lawyers more exposed.

Today, the Investigating Committee attached to the General Prosecutor’s office starts its work. Its activities are subject to the Federal Law of June 5 2007 on “Alteration of the Code of criminal procedure of the Russian Federation” and the Federal Law on “The General Prosecutor’s office of the Russian Federation”. In the interests of the new institution, the legislation essentially amends regulatory legal acts already in force.

The law does not only contain provisions about the redistribution of powers between the General Prosecutor’s office and the Investigating Committee. For example, the Code of criminal procedure norm on the prosecution of lawyers is changed. Now, the head of the Investigating Committee is empowered to initiate a criminal case against a lawyer and does not need court permission for it.

Previously, Article 448 of the Code of criminal procedure of the Russian Federation stated:

1. The decision to initiate a criminal case against a person mentioned in part one of Article 447 of the present Code, or his involvement as an accused, if a criminal case was initiated against other persons or upon fact for committing an act, containing elements of crime, is taken:
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10) In respect of an investigator or lawyer, by a prosecutor under the authority of a decision taken by a judge of a district court or garrison military court, and in respect of a prosecutor by a senior prosecutor under the authority of a decision taken by a judge of a district court or garrison military court at the place of committing an act, containing elements of the crime

Now, Article 448 of the Code of criminal procedure of the Russian Federation states:

1. The decision to initiate a criminal case against a person mentioned in part one of Article 447 of the present Code, or his involvement as an accused, if a criminal case was initiated against other persons or upon fact for committing an act, containing elements of crime, is taken:
<…>
In part one paragraph 10, the words “In respect of an investigator or lawyer, by a prosecutor under the authority of a decision taken by a judge of a district court or garrison military court, and in respect of a prosecutor by a senior prosecutor” have been replaced by the following: “In respect of a prosecutor or head of investigating body or investigator by the senior head of an investigating body of the Investigating Committee attached to the General Prosecutor’s office under the authority of a decision taken by a judge of a district court or garrison military court at the place of committing an act, containing elements of crime, and in respect of a lawyer by the head of an investigating body of the Investigating Committee attached to the General Prosecutor’s office for the district or town.”

The Federal Law dated June 5, 2007, ¹ 87-FL on “Alteration of the Code of criminal procedure of the Russian Federation” and Federal Law on “The General Prosecutor’s office of the Russian Federation” came into force on September 3 2007.

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