The Criminal Procedural Code of Ukraine
Date of Entry into Force:
April 1, 1961
The Criminal Procedural Code of Ukraine is intended for determination of criminal proceeding. The task of criminal judicial proceedings is protection of rights and legal interests of natural persons and legal entities who participate in it, as well as fast and full crime detection, disclosure of the guilty and ensuring of accurate application of the law in order to bring to criminal responsibility each who has committed crime and not to punish any innocent person.
During the criminal proceeding criminal procedural law is applied, which is in force respectively in the event of inquest, pre-trial investigation or judicial consideration of case.
Justice in criminal cases is executed on the principles of equality of the citizens before law and court. Cases are considered in courts on the principles of competitive spirit. Consideration of cases in courts is open, except when it runs counter to the interests of protection of state secret or other protected information. While considering case in court the functions of prosecution, defense and solution of case cannot be imposed on the same body or on the same person. The accused is defended by himself, his advocate or legal representative.
Criminal cases are considered in the court of primary jurisdiction - by the judge individually (cases on crimes for which the law envisages punishment in the form of deprivation of liberty for the term exceeding ten years). All other cases are considered by court collectively. The Code determines investigation and jurisdiction of cases.
The Code contains the list of participants of criminal procedure and determines their rights and duties. To the above persons refer:
- suspected, accused, culprit, civil defendant;
- victim, civil plaintiff;
- legal experts and interpreters.
The inquest body may detain the person who is suspected in commitment of crime for 72 hours. After the expiration of this time the inquest body shall:
1) release the detained person, if the suspicion that s/he committed crime has not been confirmed;
2) release the detained person and chose as regards to him/her a measure of restraint, which is not connected with holding under arrest;
3) bring the detained person to the judge with petition on choosing as regards to him/her a measure of restraint in the form of taking under arrest.
The measures of restraint are as follows:
1) recognizance not to leave;
2) personal bail;
3) bail of public organization or labor collective;
4) pledge. The amount of pledge is set taking into account the circumstances of case by the body that applied the measure of restraint;
5) taking under arrest. Holding under arrest for the period of pre-trial investigation shall not exceed two months. The term of arrest on the basis of grounded decision may be prolonged;
6) supervision of the commanders of a military unit;
7) detention of the suspected.
Pre-trial investigation shall end in drafting of accusatory conclusion, resolution on closing the case or resolution on sending the case to court for solution of the issue on application of forced measures of medical nature. The investigator shall inform the accused that investigation of his/her case is completed and s/he has the right to get acquainted with all materials of the case personally, as well as with the help of advocate and s/he may submit petition on addition of pre-trial investigation.
After ending the investigation the investigator shall draft accusatory conclusion and send it to the prosecutor. The prosecutor shall approve the accusatory conclusion and send the criminal case to the court.
The prosecution and the defense enjoy equal rights to declare challenge and solicitation, present proofs, participate in their investigation and prove their cogency, speak at judicial debate, appeal procedural decisions of court. The case is considered in the court of primary jurisdiction with participation of the culprit whose presence in court is obligatory.
The judgment of court shall be legal and grounded.
The court shall ground the judgment only on the basis of the proofs that were considered during judicial sitting.
While considering case, the court shall listen to the arguments of all parties to the case and make decision on their basis. The court shall appreciate proofs according to its inner persuasion that is grounded on comprehensive, full and objective consideration of all circumstances of the case in their totality being guided by law. None of the proofs shall be enacted for the court.
In the event of finding out the grounds for closing the case during its judicial consideration, the court shall close it by grounded ruling having listened to the opinions of the participants of judicial consideration and the prosecutor's conclusion.
The judgment of court may be accusatory or justificatory. The justificatory judgment is made, if the event of the crime has not been found out, when there is no corpus delicti in the culprit's actions, as well as when participation of the culprit in commitment of crime has not been proved. In all other cases the accusatory judgment shall be made.
The copy of judgment shall be served to the convicted or to the justified person in a three-day term after its passing.
The persons (participants of judicial procedure) who disagree with the judgment of court of primary jurisdiction have the right to appeal it to the court of appeal. Having considered materials of the case the court of appeal shall:
1) pass ruling on retaining judgment or resolution without changes and of appeal - without satisfactions; cancellation of judgment or resolution and return of case to the prosecutor for additional investigation or new judicial consideration in the court of primary jurisdiction; cancellation of judgment or resolution and closing the case; change of judgment or resolution;
2) pass its judgment by canceling fully or partially the judgment of court of primary jurisdiction;
3) make its resolution by canceling fully or partially the resolution of court of primary jurisdiction.
The persons who disagree with the judgment of court may appeal it according to the cassation procedure. To such persons refer:
1) condemned, his/her legal representative and advocate in the part that refers to the condemned interests;
2) justified person, his/her legal representative and advocate in the part of causes and grounds for justification;
3) plaintiff, defendant or their representatives in the part that refers to solution of the claim;
4) victim, his/her representative in the part that refers to the victim's interests;
Appeals and petitions are considered by:
1) the Judicial Chamber on criminal cases of the Supreme Court of Ukraine as regards to judgments passed by the Supreme Court of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city courts, judgments of district (city) and okrug courts;
2) the Military Collegium of the Supreme Court of Ukraine as regards to judgments passed by the military courts of regions and the Navy, judgments of military courts of garrisons.
As a result of cassation consideration of case the court shall pass one of the following decisions:
1) retain judgment, resolution or ruling without changes and appeals or petitions without satisfaction;
2) cancel judgment, resolution or ruling and send the case for a new investigation or a new judicial or appeal consideration;
3) cancel judgment, resolution or ruling and close the case;
4) change judgment, resolution or ruling.
The Code determines reasons and terms of judicial consideration of case due to the newly-revealed circumstances.
The accusatory judgment shall be executed after its enforcement. The justificatory judgment and the sentence that releases the culprit from punishment shall be executed immediately after their passing. If the culprit is under arrest, the court releases him/her from arrest in the hall of judicial sitting.
The Code contains the norms that determine the peculiarities of proceedings in the cases in which the minors are the suspected, the accused or the defendant.