LAW OF UKRAINE

of November 26, 2015 No. 838-VIII

About modification of the Criminal code of Ukraine concerning enhancement of procedure for transfer by court of term of pre-trial detention in time punishments

The Verkhovna Rada of Ukraine decides:

I. Part the fifth article 72 of the Criminal code of Ukraine (2001, 131) to state sheets of the Verkhovna Rada of Ukraine to Art. No. 25-26, in the following edition:

"5. Transfer of the term of pre-trial detention by court in case of condemnation to imprisonment within the same criminal proceedings within which pre-trial detention was applied to person is made at the rate of one day of pre-trial detention in two days of imprisonment.

In case of appointment of other punishment as court, than imprisonment, transfer of term of pre-trial detention within the same criminal proceedings is performed in the following procedure:

1) the term of pre-trial detention is translated imprisonments according to the ratio determined by paragraph one of this part in time;

2) the term of deprivation of freedom determined according to Item 1 of this part is transferred to other intended punishment type according to the ratio determined by part one of this Article.

In case of purpose of the primary punishment which is not specified in part one of this Article, the court shall exempt completely such primary punishment condemned from serving.

In time pre-trial detention term joins:

a) detentions of person without resolution of the investigative judge, court;

b) detentions of person based on the resolution of the investigative judge, court on permission to detention;

c) contents of person under guards as the measure of restraint elected by the judge, court to stages of pre-judicial investigation or during legal proceedings of criminal proceedings;

d) stay of the person accused in the relevant stationary medical institution when conducting medicolegal or forensic-psychiatric examination;

ґ) findings of person serving sentence in organizations of pre-trial detention for carrying out investigative actions or participation in legal proceedings of criminal proceedings.

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