THE PRESIDENT SIGNED LEGISLATION ON CRIMINAL PROSECUTIONS

President of Ukraine Petro Poroshenko signed the Law of Ukraine (draft No. 7279-d) "On Amending Certain Legislative Acts of Ukraine on Facilitating Pre-trial Investigation of Certain Categories of Criminal Offenses".

The law changes the classification of criminal offenses for criminal misconduct, non-serious, serious and especially grave crimes.

Criminal offenses include an act (act or omission), for which the basic punishment is stipulated in the form of a fine in the amount of not more than 3,000 non-taxable minimum incomes (now it is 51,000 UAH) or other punishment, which is not related to imprisonment. They may include such common crimes as unskilled theft, fraud, illegal activities with narcotic drugs without the purpose of sale, hooliganism, etc.

Also, the relevant changes to the CCU law attributed the law to criminal misconduct - driving in a state of intoxication (punishment is provided - a fine of 17-34 thousand UAH and a ban to drive up to 3 years, and in case of repeated violation - up to 51 thousand UAH with a ban on the management of 2 to 3 years old).

Investigators (officers of the unit of inquiry of the National Police) will investigate criminal offenses. Such an investigation will be conducted in the form of inquiry with the simplification of the procedure and in shorter terms - no more than 72 hours from the moment the person is informed of the suspicion or detention (in some cases, up to one month).

Procedural sources of evidence in the conduct of misconduct, in addition to general ones, also include explanations of persons, results of medical examination, expert's conclusion, indications of devices and technical means.

It is also foreseen that a suspect will be able to detain a criminal offense: up to 72 hours - if the person is resisting the law enforcement officer, refuses to stop violating, tries to escape; for 24 hours - if a person is drunk and can cause harm to himself or others.

The prosecutor must, not later than 3 days after the receipt of the notice of the suspect with the materials of the inquiry (and if the detainee has been detained for a period of 24 hours) or to close the criminal proceedings, or to return the materials to the inquest and to extend the inquiry period, or to apply to the court with the indictment , and for signs of committing a crime, direct the proceedings for pre-trial investigation.

The court, having received the indictment on committing a criminal offense, has to appoint a court hearing within 5 days (or in the case of apprehension of the suspect in determining the term of detention). If the accused does not contest the established circumstances of the violation and agrees with the consideration of the indictment, the court examines the indictment without considering it in a court session in the absence of participants in the proceedings.

The law signed by the President will come into force on January 1, 2020.

Read 773 times