Paper documents are rejected in criminal proceedings: what the presidential draft of amendments to the Criminal Procedure Code proposes

The creation, collection, storage, search, processing and transfer of materials and information (data) in criminal proceedings will be carried out according to new rules within the framework of a special information and telecommunication system.

The President of Ukraine submitted as an urgent draft Law No. 5246 "On Amendments to the Criminal Procedure Code of Ukraine regarding the introduction of an information and telecommunications system for pre-trial investigation." The text of the document appeared today on the website of the Verkhovna Rada.

It is assumed that this system will be used by the investigator, interrogator, prosecutor, prosecution attorney, judge, court, defense lawyer and other participants in criminal proceedings. At the same time, the use of the Information Telecommunication System is mandatory for the prosecution and the court. Others - at their will.

The information-telecommunications system will interact with the Unified Register of Pre-trial Investigations and the system operating in the court.

Documents signed, agreed in the ITS using a qualified electronic signature, their copies in electronic and paper form will be recognized as original documents.

Familiarization with the materials of the pre-trial investigation contained in the system, as well as the opening of such materials will be carried out by providing access to them or providing electronic copies or copies of such materials.

The President is convinced that “this will make it possible to switch from thousands of pages of paper volumes of criminal proceedings to the use of electronic media without prejudice to investigations. It will also greatly facilitate the interaction of the court, the prosecution and the defense".

The subject of the legislative initiative expects that lawyers will be able to quickly submit applications and claims and would get acquainted with the materials of criminal proceedings in electronic form. At the same time, the court will be able to examine documents and evidence in electronic form. Now this can only be done by investigators or prosecutors, physically arriving to them.