MOSCOW, November 30 - RAPSI. The Supreme Court suggested that courts should resolve on enhancing punishment in the convict's presence, unless the convict has escaped from law enforcement authorities. The court's draft resolution was discussed in Moscow on Tuesday.
The draft reads: "the replacement of forced labor, correctional labor or restraint of liberty by imprisonment is allowed in the convict's presence, unless the fact of the convict's escape from control has been proven." The convict is deemed to have fled from control if his/her location remains undetected for over 30 days.
First Deputy Minister of Justice Alexander Fyodorov spoke against enhancing the punishment in absentia. He thinks such absentee procedure actually violates the convict's right to defense.