Revolution or just adopted a new criminal procedure

[Юридическая Компания Лидер]

A revolution or just a new code of criminal procedure adopted ?!

As you know, on April 13, 2012, the Verkhovna Rada of Ukraine adopted the Criminal Procedure Code of Ukraine

What is so revolutionary about this code?

So, in addition to a number of short stories, the document eliminates the possibility of returning the case for additional investigation; the institution of instituting criminal proceedings is abolished, the duration of the investigation is limited to 6 or 12 months, depending on the gravity of the crime; a preventive measure such as house arrest is introduced; all procedural (operational-search and investigative) actions can be carried out only after the start of criminal proceedings in the case; solely by decision of the investigating judge, a preventive measure is chosen and its term continues, etc .;

Moreover, the possibility of a deal with justice is introduced - between the prosecution and the defense, as well as the injured party.

What does it mean? The Code introduces criminal proceedings on the basis of agreements. That is, it is possible to conclude an agreement between the prosecutor and the accused on the recognition of guilt and a reconciliation agreement between the victim and the accused, which will reduce the time of criminal proceedings, since immediately after reaching an agreement, the proceedings are immediately sent to court for approval.

To eliminate pressure on the court of the Criminal Procedure Code, it is stipulated that the prosecutor will not send a criminal case to the court, but a register of materials of the criminal case, which will contain the number and name of the procedural action carried out during the pre-trial investigation, as well as the time of its conduct, details of the procedural decisions made during the investigation, the date and time of application of measures to ensure criminal proceedings. The accused and his counsel also have the right to sue their materials.

The court will draw its conclusions solely on the evidence that it received from the parties to the criminal proceedings, or was provided to the investigating judge at the hearing during the pre-trial investigation.

The document establishes the application of a preventive measure in the form of detention as an exception. For its application, the prosecution must prove (namely prove) in court that other measures will not be able to ensure the suspect’s proper conduct. As an alternative to restraint in the form of detention, the possibilities for applying other measures have been expanded, the system of which has been substantially improved.

The Code also shortens procedural periods, primarily through de-bureaucratization of the criminal process, which provides for: eliminating the need to draw up many "formal" documents, widespread use of technical means for conducting certain procedural actions (for example, interrogation in the mode of video conferencing), introducing simplified types of proceedings, canceling the institute additional investigation, deprivation of the courts of first instance the power to determine the future fate of the appeals, a significant limitation of the grounds for the appointment of a new trial in the court of first instance based on the results of the appeal review similar.

The Code significantly expanded the criminal proceedings in the form of a private charge. Production in this category can be initiated by the investigator, prosecutor only on the basis of the victim’s application. The refusal of the victim, his representative from the prosecution is an unconditional basis for the closure of the criminal proceedings in the form of a private prosecution. At the same time, a rather wide range of corpus delicti is provided, for which a private prosecution is applied, using as a criterion for their separation the fact that such crimes mainly harm the private interests of the individual and do not directly harm the state.

Of course, compared with the “soviet” code, the new Code of Criminal Procedure is a huge step forward, but how it will be applied and what problems the judicial and law enforcement systems will face is a completely different issue, since the theory does not always get along with practice ...

 

[Матушкин Андрей Николаевич]

Thanks for working on the Forum !!!

 

[Роберт]

Hee hee, the rules of Africa ?! I’ll go to Ukraine, with this advanced code, and murders with witnesses will fall apart: D

 

[Краев Евгений Леонидович]

Thanks, interesting!

 

[Турабян Владимир]

If Peter 1 would be, he would say that Ukraine opens a new window to Europe!

 

[Андрей Захаров]

Thank you Vitaliy))) Very interesting))) As can be seen from the article, now in Ukraine the question of initiating a criminal case will be decided only in court? A new institute of judicial investigator has been introduced for the CIS countries ... I understood correctly ... The new procedure for criminal proceedings very similar to the justice system in the USA ... (a lot of points are taken in my opinion from this particular system)

 

[Андрей Захаров]

Sorry ... I was mistaken about the judicial investigator, investigating judge))) ... I wonder how all this will look in practice ...

 

[Частный детектив Нижний Новгород]

And investigative experiments, searches, etc. the judge will hold ?! And what about the staff of investigators? I support the opinion of Robert that these innovations cause only hee-hee.

 

[Роберт]

The terrible thing is that this will entail the complete collapse of the existing investigative apparatus and the laying of unusual functions on judges. Now such a mess will begin with layoffs, bringing the rest of the legislation under new realities. I don’t understand how it is possible to tear out a piece of legislation from Anglo-Saxon law and put it into the system that remains of the USSR. Superdibilism !!!! However, Ukraine will not be able to surprise anything at all.

 

[Плотников Юрий Михайлович]

Thank!