Under the Ukrainian legislation the procedure of the correspondence of pre-trial investigation or trial has some shortcomings, which may lead to cancellation imposed by the courts for solutions. This was the head of the Department of special investigations of the Prosecutor General of Ukraine Serhiy Gorbatyuk said on air of «Radio Liberty».
«Recent changes (enacted in may, temporary changes to the criminal procedure code, which provides certain simplification in the procedure of extramural investigators) create bombs, which definitely will lead to cancellation of the penalty,» he said.
According to the Gorbatyuk, the first danger lies in the selectivity inherent in the procedure changes.
«Applies to being 6 months in the search and is valid for one year. That is, we have a clear selective justice – in relation to a certain circle of persons», – he explained.
«As part of the procedure should be to ensure respect for the rights, because not every suspect is guilty. If we violate this procedure, we then get the abolition of the sentence,» – said Gorbatyuk.
The second controversial point – that the legislation does not clearly prescribe what should happen before 15 April 2017, how many are included in the CPC changes.
«It is unclear – this should only be an appeal to the court with the indictment, or it should be completed the trial in the first instance, in appeal,» – said Gorbatyuk.
«There is a problem of definiteness of the norm. The rule of law is that the law must be clear not only for lawyers but also for citizens. And we even lawyers can’t decide» – he added.
It is recalled that in may the Verkhovna Rada has made to the criminal procedure code changes up to April 15, 2017, regarding the characteristics of the special pre-trial investigation. These changes, in particular, allow for in absentia proceedings against persons that «more than six months hiding from the investigation authorities and the court for the purpose of avoiding criminal liability and/or in respect of whom there is actual evidence that it is located outside of Ukraine on the temporarily occupied territory of Ukraine or in the area of antiterrorist operations».
At the end of October, the General Prosecutor Yuriy Lutsenko expressed the hope that the case against the former President Viktor Yanukovych will give the court until the end of January. The procedure in absentia proceedings may be applied to a former head of state and several other officials of his presidency.
Gorbatyuk: a procedure in absentia proceedings has flaws that can lead to cancellation of sentences in cases of 25.11.2016