Politics 2022-07-15T07:38:47+03:00
Ukrainian news
Amendments To Criminal Procedure Code Enter Into Force

Amendments To Criminal Procedure Code Enter Into Force

Criminal Procedure Code, Andrii Lozovyi, amendments

The amendments to the Criminal Procedure Code that Member of Parliament Andrii Lozovyi of the Oleh Liashko Radical Party initiated have entered into force.

The parliament adopted the relevant draft law on October 3, 2017, the Ukrainian News Agency reports.

Some of the draft law's provisions entered into force on December 15, 2017, and its provisions on amendment of the Criminal Procedure Code will enter into force after three months (on March 15).

These provisions impose a time limit on investigation of crimes.

In particular, law enforcement officers are required to identify the suspect in a serious or particularly serious crime within 18 months, the suspect in a moderately serious crime within 12 months, and the suspect in a criminal offense within six months.

If a crime is not solved within the established time limit, the relevant criminal proceedings must be closed.

However, in exceptional cases, an investigator may ask a court to extend the period of investigation.

In addition, the amendments to the Criminal Procedure Code grant a suspect the right to appeal a decision to serve him with a notice of suspicion.

A suspect acquires this right two months after being served with a notice of suspicion.

In addition, the amendments strip investigators and prosecutors of the right to directly order forensic examinations, including forensic examinations aimed at establishing causes of death and amounts of material damage.

Now, only a court has the authority to order such a forensic examination.

In addition, district law enforcement agencies will no longer be able to file petitions with the relevant district courts.

They will have to file petitions exclusively with the court within whose territorial jurisdiction an investigating authority is registered as a legal entity.

The amendments also changed the rules for conduct of searches by law enforcement officials.

In particular, law enforcement officials will be required to specify the items they are searching for in the relevant petitions.

The presence of a lawyer during a search is obligatory, and this investigative action itself must be recorded on audio and video equipment.

As Ukrainian News Agency earlier reported, the parliament planned to consider the draft law No. 7547, which provides for revoking the amendments to the Criminal Procedure Code that entered into effect on March 15, at its plenary session on March 13. However, the parliament postponed consideration of the draft law indefinitely.

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