• Topics / The right to a fair trial
• Topics / Law enforcement agencies
Parliament advised to revise draft Criminal Procedure Code
The Commission on the Strengthening of Democracy and Affirmation of the Rule of Law believes that the draft Criminal Procedure Code, passed at its first reading in the Verkhovna Rada on 9 February, needs significant reworking.
Members of the Commission saying that there are a number of infringements.
The new draft CPC gives the investigator prosecutor powers, while the retention of investigator units in State Security bodies is the hallmark of a police state and does not comply with Parliamentary Assembly of the Council of Europe recommendations.
The Commission also noted that the norm needs to be changed which defines the period of detention without court order as 72 hours. It considers 24 hours to be sufficient.
The draft CPC, it says, also contains norms which violate the right to liberty and personal security, and also insists that the use of evidence obtained unlawfully is inadmissible.
“The Commission considers that the draft Code as proposed requires significant reworking since it does not comply with Ukraine’s Constitution, the European Convention on Human Rights, a number of resolutions and recommendations of PACE regarding institutions for ensuring rule of law and with respect to Ukraine’s obligations and duties before the Council of Europe”, the Commission’s conclusion reads.
The conclusion and recommendations have been sent to the President and MPs.
Over three thousand amendments have been made to the draft CPC.
The Code totally changes the existing model with the Prosecutor effectively becoming the head of the investigation and answering for the entire proceedings from the beginning of the criminal investigation till the verdict in court.