Simplification of special proceedings in criminal proceedings: what is provided by the draft No. 2164 adopted by the Verkhovna Rada

It looks like Ukraine will not be so actively looking for suspects. On formal grounds, they will be put on the wanted list, which will give a procedural opportunity to choose a preventive measure in absentia, to conduct special pre-trial investigation and court proceedings.

The Verkhovna Rada adopted in the first reading the draft Law of September 20, 2019 No. 2164 "On Amendments to the Criminal Procedure Code of Ukraine regarding the improvement of certain provisions in connection with the implementation of a special pre-trial investigation".

The aim of the project, as the authors of the legislative initiative note, is to ensure the inevitability of punishment for persons who have committed a criminal offense and, in order to avoid responsibility, have left or are in other countries or in the temporarily occupied territories of Ukraine.

The proposed improvements to the Criminal Procedure Code are that a person will be put on the wanted list for the following reasons:

1) the location of the suspect is unknown

or

2) he refuses to appear when summoned by an investigator, prosecutor, investigating judge or court, provided he is duly notified of such summons and there are reasonable grounds to believe that he has left the country.

After that, it becomes possible in absentia to choose a preventive measure in the form of uncontested detention without the term of the relevant decision.

After that, it becomes possible in absentia to choose a preventive measure in the form of uncontested detention without the term of the relevant decision.

However, the evasion of appearance before the investigator, prosecutor or in court, as well as the decision to declare the suspect or the accused on the wanted list in accordance with paragraph 2 of part 1 of Art. 281 of the Code of Criminal Procedure becomes the basis for both a special pre-trial investigation and special court proceedings. That is, declaring a person on the interstate or international wanted list becomes unnecessary, which in general opens up procedural opportunities for criminal prosecution of political opponents.