Norm allowing court hearings in detention centres revoked 10 years ago



According to Andriy Sydorenko, Partner at Sklyarenko and Partners Law Firm, the norm allowing a hearing in a criminal case to take place in a SIZO [detention centre] was removed from the Criminal Procedure Code back in 2001.

On the other hand, he says, there is nothing in law to say that court hearings must take place in court premises. He is not aware, however, of any other court hearings in SIZO cells.

There are also no norms which either allow for or prohibit a person being remanded in custody over one criminal case when they are already in custody anyway.  In such situations the judge should be guided by the general rules of criminal proceedings. These allow for remand in custody where there are grounds for believing that the person could try to avoid the investigation or court; could obstruct the establishing of the truth in the case; or continue criminal activities.

The State Penitentiary Service stated on Thursday, that there was nothing unusual about the court hearing to remand former Prime Minister and opposition leader Yulia Tymoshenko in custody over a second criminal investigation. It said that there had been over 270 such hearings this year and last.

From the report at Ukrainsky Tyzhden

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