One of the key provisions: the courts are recommended to consider the quarantine conditions in jail and not be placed in custody accused of minor offenses, including foreigners, electing them to other preventive measures.

Advisor of the Federal chamber of lawyers Evgeny Rubenstein called the clarifications he has provided new and important.

“Article 99 of the criminal procedure code of the Russian Federation “the Circumstances to be considered in choosing a measure of restraint” contains a non-exhaustive list of such circumstances, – the expert emphasizes. – So explanations complement the list of circumstances that must be taken into account by the courts”.

the Supreme court reiterated that the detention of the suspect or accused of committing a minor offence punishable by a maximum sentence of up to three years of imprisonment, “may be accepted by the court only in exceptional cases.”

Another important explanation: in the period of validity restrictive measures in trials of criminal cases can completely place by video-conferencing. If the defendant is in jail, he will participate in the proceedings, connecting from prison. Today, with the help of video-conferencing are only certain sessions, for example, the consideration of an appeal against the decision to arrest, the appeal complaint of the convicted person for sentence, etc., But if the case is heard on the merits in the first instance, that still the defendant is present in the hall. If the person is under arrest, then jail it delivers the convoy.

“the Important fact conducting a trial using the system of video conferencing – says Eugene Rubinstein. – To pay tribute to the Supreme court, which quickly responds to emerging issues in litigation and directs the lower courts on the correct application of new legal provisions”.

As explained by the adviser of the FPA, the CPC is no direct reference to the possibility of conducting a trial using video conferencing.

“meanwhile, the criminal procedure law consists not only of the Constitution, the criminal procedure code and other Federal laws, but also of the universally recognized principles and norms of international law,” said Eugene Rubinstein.

the Supreme court, he said, often using the legal positions of the ECHR to justify the legal positions that are not directly specified in the criminal procedure code. Now he is citing a specific case Strassburgsky court explained to the lower courts that the holding of court hearings with the participation of the accused in the system of video conferencing is permissible and can be used in these conditions of quarantine.

“This statement indicates that the accused may not be delivered to the court not once, but all parts of the trial, ethere’s the preparatory part of judicial investigation, pleadings and replicas, the last word of the defendant and the sentence can be carried out on the system of video conferencing,” says the expert.

In practice in this regard will have to solve a number of issues.

for Example: on the procedure for the submission of additional documents to be attached to the case, additional familiarization with the materials of the criminal case and others.

it is also Important how to provide this opportunity for private communication between the defendant and the defenders.

the number of cases of the urgency and the country’s Supreme court took the case on the consideration of arrest of property of defendants in criminal cases.

This is important because then the property can be used to charge for any damage caused by the crime.

in addition it is necessary to urgently consider cases on parole.