SPECIAL PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES: CHANGES CONTINUE

Oleksandr Vereshchak

doi:10.23856/4530

Abstract

In this article author explores the law regulation of the institute of the special pre-trial investigation of criminal offenses considering the changes. The light is shed on the role of the public prosecutor in the context of motion trial during the special pre-trial investigation. The issue of introducing changes to the Chapter 241 of the Criminal Procedure Code of Ukraine is considered. The grounds for conducting the special pre-trial investigation or special court proceeding are analyzed. The legislative consolidation of the possibility of declaring international and/or interstate searching of a person is covered. The duty of the investigator (or the public prosecutor) regarding the proof of the fact that the suspect is hiding from the investigating authority aiming to evade the criminal liability (i. e. the suspected person has to know that there is a criminal case against him/her and he/she is notified of suspicion; however, he/she is hiding aiming to evade the criminal liability) is defined. Therefore, the investigating judge is obliged to take into consideration availability of sufficient evidence for suspicion of a person, towards which the motion for conducting of a special pre-trial investigation is filed. The trial of the motions for conducting of a special pre-trial investigation, special court proceeding of the offenses, mentioned in the Part 2 Art. 2971 of the Criminal Procedure Code of Ukraine is conducted by the court in according to the rules of jurisdiction, defined in the Art. 32 of the Criminal Procedure Code of Ukraine.

Highlights

The possibility of a special pre-trial investigation is envisaged in Part 5 of Art. 139 of the Criminal Procedure Code of Ukraine, according to which evasion the appearing at the summons of an investigator, prosecutor or court summons of an investigating judge, court by a suspect/accused person and declaring him/her in interstate and/or international searching are the grounds to conduct a special pre-trial investigation or special court proceedings
The law signed by the President changes the approach and defines two grounds for conducting a special pre-trial investigation or special court proceedings: 1) if the suspect is declared in international searching; 2) if the suspect unreasonably evades appearing at the summons of an investigator, prosecutor, investigating judge or court and is in the territory of the aggressor state or in the temporarily occupied territories of Ukraine
Domestic legislation envisages the fulfillment of certain conditions under which a special pre-trial investigation of criminal offenses may be carried out, namely the mandatory participation of a defense counsel, who is involved in accordance with paragraph 8 of Part 2 of Art. 52 of the Criminal Procedure Code of Ukraine, – from the moment of adoption of the relevant procedural decision and duly filed motion of the investigator or prosecutor about such proceedings applied to the investigating judge (Article 2972 Criminal Procedure Code of Ukraine)

Summary

Introduction

The issue of ensuring the inevitability of criminal prosecution for a criminal offense has always been one of the key components of criminal policy in our country. Its effective implementation in relation to persons who commit criminal offenses under Part 2 of Art. 2971 of the Criminal Procedure Code of Ukraine, is of great importance for today's society because of its extremely negative attitude to these phenomena. 45 (2021) 2 where a person is hiding from the pre-trial investigation and court, of the procedures of criminal proceedings in absentia. Its implementation in the legal field of Ukraine creates the preconditions for prosecuting persons who evade investigating authority or court and is designed to increase the effectiveness of protection of public interests of the state. The purpose of the study is to summarize the current criminal procedure legislation, the practice of its application and special literature, to highlight the main issues of special pre-trial investigation and trial within criminal proceedings. The study is based on the dialectical method of cognition, on the general methods of analysis and synthesis, induction and deduction, on identifying analogies and comparisons, on a systematic approach in the analysis of legal relations and legal documents, on formal-logical and comparative-legal methods of interpreting law, both on the theoretical and empirical levels

Main material

Conclusions