A norm on including the pre-trial detention in the prison term, adopted by MPs, must be applied without delay

On November 26, 2015, the Parliament adopted an Act #838-VIII on amending the Criminal Code of Ukraine with regard to improving the procedure of the court as to including the pre-trial detention in the prison term”.

Members of Parliament amended part 5 of Article 72 of the Criminal Code of Ukraine, according to which an increased coefficient of incorporation of the detention in custody in the prison sentence is implemented and the inclusion of the pre-trial detention is calculated based on the following proportion: 1 day of the pre-trial detention for 2 days of the prison sentence.

The Highest Specialized Court for Civil and Criminal Cases in its letter from January 11, 2016, noted that the application of rules of incorporation of the pre-trial detention after the Act comes into force is an imperative requirement of the criminal law and does not require a motion appeal.

The full text of the letter can be accessed below.

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Source: Legal Practice

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