LAW IN FOCUS
- Date: 06.12.2017
- Author: Kyrylo Kazak
- Practices: White Collar Сrimes, Labor law
- Industries: Banks, insurance, leasing and financial companies, The participants of the real estate market, Industrial and Production Companies
Significant changes in the investigation of criminal offenses
The Law of Ukraine No. 2147-VIII of 03.10.2017 On Amendments to the Economic Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Court Procedure of Ukraine and Other Legislative Acts (hereinafter - the "Law No. 2147-VIII") introduced significant changes to pre-trial investigation of criminal offenses. In particular:
• establishing of limitation of pre-trial investigation period prior to giving to a person a suspicion notice. Now, upon the expiry of such period, the criminal proceedings shall either be closed or sent to the court for consideration;
• decision on calling for an expert evidence shall be made solely by the investigating judge upon the request of the party to the criminal proceedings (investigator, prosecutor, victim, suspected person, etc.);
• when making a search an attorney shall be allowed at any stage. The only condition is confirmation of its powers by the relevant documents.
• it is established that a person's search shall not begin without an attorney. Exception - if the defender did not arrive within three hours.
• search of person’s dwelling or other possessions must be audio and video recorded.
• suspicion notice can be appealed and canceled during pre-trial investigation.
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Kyrylo Kazak
Partner
KPD Consulting
Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Kyrylo Kazak (k.kazak@kpdconsulting.com.ua). We will be pleased to assist You.