RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of October 24, 2003 No. 8

About application of the legislation providing right of defense in criminal trial

According to provisions of Art. 59 and p. 2 of Art. 63 of the Constitution of Ukraine the suspect, the person accused, the defendant have the right to legal assistance and protection. In the cases provided by the law, this help is provided free of charge.

Having discussed materials of generalization of practice of application of the legislation providing right of defense in criminal trial, the Plenum of the Supreme Court of Ukraine specifies that bodies of inquiry, pretrial investigation and courts generally fulfill relevant requirements of the law. At the same time in some cases in case of application of the existing criminal procedure legislation mistakes which involve violation of the specified right are made and negatively influence quality of implementation of justice.

For the purpose of the correct and identical application by courts of the legislation providing to the suspect, the person accused, the defendant, the convict, justified right of defense, the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that providing to the suspect, the person accused, the defendant condemned and acquitted rights of defense according to Art. provisions 59, of the p. 2 of Art. 63 and item 6 of the p. 3 of Art. 129 of the Constitution of Ukraine and the existing criminal procedure legislation is one of the basic principles of legal proceedings, important guarantee of objective consideration of the case and prevention of criminal prosecution of innocent persons.

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