Preliminary hearing of the criminal case on the basis provided by Item 6 Part 2 Article 229 of the Criminal Procedure Codeof the Russian Federation

The federal law 32-ФЗ of March 29th, 2010 introduces a new basis for preliminary hearing - Part 2 Article 229 of the CriminalProcedure Code of the Russian Federation (the RF CPC) is amended by Item 6, which makes preliminary hearing obligatory for criminal caseswhen the conditional sentence of the accused has not been entered into force. At the analysis of expediency of entering of amendments to Article229 of the RF CPC the author has come to conclusion, that the innovation does not correspond to the essence and tasks of the preliminary hearinginstitution, as conceptually it should promote the establishment of the circumstances interfering with the consideration of the criminal caseand take measures to their elimination, to define the composition of the court for further consideration of the criminal case, to create preconditionsfor effective consideration of the criminal case in essence during the proceeding. The basis for appointment of preliminary hearing is introducedwithout taking into account the developed practice regarding the terms of appointment of preliminary hearing and the judicial sessionafter it. The offered normative regulation works in those rare cases when a new crime is accomplished within the period between the announcementof a verdict and its implementation. However, the question on cancelling the suspended sentence and addition of sentences by the rules ofArticle 70 of the RF Criminal Code (at the moment of sentencing on the case the previous verdict has not been implemented) can be solved byArticle 397 of the RF CPC on representation of execution bodies. Thus, the right of the defendant to case consideration without an unjustifieddelay will not be violated. The problem discussed in present article is close to the issue of combination of criminal cases. The author considers itoptimal to carry out combination of criminal cases at the stage of pre-trial proceedings, so that further on the court could solve the questions ofthe purpose of punishment in view of positions of Article 69 of the RF Criminal Code, instead of delaying it by the instructions of the federallaw 32-ФЗ of March, 29th, 2010. In case the criminal cases concerning one person are not combined at the pre-trial stage of legal proceedings,such measures can be taken at judicial stages. With a view of the most effective legal investigation and further execution of punishment, it ispossible to find out information on criminal cases concerning the same person in other courts (magistrates) at the stage of preparation for judicialsession.

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