Щодо питання удосконалення моделі закриття кримінального провадження у судовому провадженні

Abstract

The article is devoted to the study of improving the model of criminal proceedings closing in court proceedings interms of taking into account the opinion of the defenсe in closing the proceedings under paragraphs 4, 7, 10 of Part 1 ofArt. 284 of the Criminal Procedure Code of Ukraine. The purpose of this article is to improve the model of closing criminalproceedings in court proceedings in terms of the application of certain grounds for closing criminal proceedings.The court practice on the closure of criminal proceedings by the court under paragraph 4 of Part 1 of Art. 284 of theCriminal Procedure Code of Ukraine have been analyzed.It is concluded that the CPC of Ukraine should be clarified in terms of allocation of those grounds for closing thecriminal proceedings by the court, in addition to the release from criminal liability and death of the suspect, accused(unless the proceedings are necessary for the rehabilitation of the deceased), the disagreement of the accused with whichentails the continuation of the proceedings in the general order. Such grounds include: the entry into force of the lawabolishing criminal liability for an act committed by a person; the victim, and in the cases provided for by the CPC ofUkraine, his representative waived the charge in criminal proceedings in the form of a private charge, except for criminalproceedings for a criminal offense related to domestic violence; after notifying the person of the suspicion, the term ofpre-trial investigation defined by Article 219 of the CPC of Ukraine expired, except in the case of notifying the person ofsuspicion of committing a serious or particularly serious crime against life and health. In such cases, if the accused duringthe trial insists on the acquittal, we believe that the court is not entitled to close the criminal proceedings on these grounds,and must continue the proceedings in the general order and pass an acquittal, or, if the arguments of the accused are notconfirmed – to close the proceedings on the relevant grounds, in relation to which the accused objected.Key words: court, court proceedings, closure of criminal proceedings, defence, consent, decriminalization, waiverof prosecution, sentence.