The Criminal Procedure Code to be conformed with European standards

The Verkhovna Rada Committee on Legislative Support of Law Enforcement advises to assume as a basis the bill #2870 “On amending the Criminal Procedure Code with regard to upholding the constitutional rights of the members of criminal proceedings when defining and applying preventive measures”.

The amendments to the Criminal Procedure Code are proposed in the bill, such as:

– the ban on any other preventive measures, except for detention, for the persons having committed grave crimes (amendments to Article 176 of the Criminal Procedure Code);
a travel ban shall be introduced as a new kind of preventive measure, and the circumstances for its possible selection are determined with respect to the suspects accused of committing the minor offenses and crimes of medium gravity (a new Article 180-1 of the Criminal Procedure Code);
– in case of need for conducting appropriate legal proceedings, as well as receiving medical care, the suspect or defendant, who has been penalized with a preventive measure in the form of house arrest, shall have the right to leave residence upon notifying the body conducting criminal proceedings (amendments to Article 181 of the Criminal Procedure Code) and so forth.

During the review of the bill at the Committee’s session, a question has been raised concerning the fact that the declared concept of equality of both sides – prosecution and defense – has no real basis in the Criminal Procedure Code of Ukraine, wherein the defendant is still no more than an object of criminal prosecution as opposed to an equal party.

The Members of the Committee backed the bill, which would allow to bring the Criminal Procedure Code in conformity with European standards of criminal proceedings in order to safeguard rights, freedoms, and lawful interests of the criminal proceedings parties.

 

Source: JurLiga

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