of December 28, 1960 No. 1001-V
Purpose of the Code of penal procedure of Ukraine is determination of procedure for production on criminal cases.
Tasks of criminal trial are protection of the rights and legitimate interests of the physical persons and legal entities participating in it and also bystry and complete disclosure of crimes, exposure of guilty persons and ensuring the correct application of the Law everyone who committed crime was made responsible and any innocent was not punished.
Production on criminal cases in the territory of Ukraine is performed by rules of this Code irrespective of the place of crime execution.
In case of criminal proceeding the criminal procedure law existing respectively during inquiry, pretrial investigation or legal proceedings of case is applied.
Regulations of this Code are applied in case of production on cases on crimes of foreign citizens, except for persons having the right of diplomatic immunity. Regulations of this Code are applied also on cases on crimes of stateless persons.
When carrying out in the territory of Ukraine investigative and other legal proceedings based on request (order) of competent authority of foreign state about the international legal assistance on criminal case which is in its production regulations of this Code are applied. Legal status of witnesses, experts, specialists, translators and participants of process in foreign state in case of accomplishment of investigative and other legal proceedings based on request (order) of competent authority of foreign state on criminal case in the territory of Ukraine with the assistance of these persons does not need establishment by rules of this Code.
At the request of competent authority of foreign state during execution of in the territory of Ukraine of request (order) about the international legal assistance the foreign procedural legislation can be applied if it is provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine.
Court, the prosecutor, the investigator and body of inquiry shall bring within the competence criminal case in each case of detection of essential elements of offense, take all measures provided by the law to establishment of event of crime, persons guilty of crime execution, and to their punishment.
Nobody can be attracted as the person accused differently as on the bases and according to the procedure, established by the law.
Criminal case cannot be brought, and the initiated proceedings are subject to the termination:
1) behind the absence of evidence of a crime;
2) behind absence in act of actus reus;
3) it is excluded by the Law N2670-III of 12.07.2001
5) concerning person which did not reach by the time of making of socially dangerous act of eleven-year age;
6) behind conciliation of the person accused, defendant with victim on proceedings which are initiated precisely according to the claim of the victim, except the cases provided by parts 2, of the 4 and 5 article 27 of this Code;
7) in the absence of the claim of the victim if proceedings can be initiated precisely according to its claim, except cases when the prosecutor is granted the right to initiate proceedings and in the absence of the claim of the victim (part 3 of article 27 of this Code);
8) concerning the dead, except as specified, when proceeedings are necessary for rehabilitation of the dead or renewal of case concerning other persons on newly discovered facts;
9) concerning person about whom there is sentence on the same accusation which took legal effect, either the decision or the court order on diversion for the same reason;
10) concerning person about whom there is not repealed resolution of body of inquiry, the investigator, prosecutor on diversion on the same accusation;
11) if about refusal in initiation of proceedings on the same fact there is not repealed resolution of body of inquiry, the investigator, prosecutor;
12) concerning crime concerning which the consent of the state which issued person is not received.
If the circumstances specified in Items 1 and 2 of part one of this Article
come to light in stage of legal proceedings, the court finishes consideration of the case
also decides the verdict of not guilty
The part four is excluded.
In case of availability of good causes to consider that socially dangerous act which is commited by person which reached eleven years, but before execution of age from which the law provides criminal liability, upon this act is brought criminal case. Such case is solved according to the procedure, stipulated in Article 7-3 these Codes.
If during inquiry, pretrial or court investigation or check which was carried out on the bases provided by part 4 of article 97 of this Code along with the circumstances noted in in Items 1, of 2, of 6, of 7, 9-11 parts of 1 this Article which exclude criminal proceeding in act of person signs of administrative offense are found, body of inquiry, the investigator, the prosecutor, court or the judge the corresponding materials of body shall direct (official), to the representative to consider case on such administrative offense.
The court has the right to exempt the convict from serving sentence as a result of the act of amnesty if it eliminates application of punishment for committed act.
The decision on application or non-use of amnesty is accepted by court concerning each person individually after careful check of materials of the personal record and data on behavior condemned for term of imprisonment.
Having established in stage of legal proceedings of criminal case availability of the act of amnesty which eliminates application of punishment for committed act, court, in case of validity of fault of person, decides conviction with release of the convict from serving sentence.
If during court investigation along with the circumstance provided by part three of this Article in act of person signs of administrative offense are revealed, court or the judge shall direct the corresponding materials to body (official), to the representative to consider case on such administrative offense.
The court has the right to exempt the defendant from criminal liability if it is acknowledged that by the time of consideration of the case in court owing to change of situation the commited by person act lost public danger or this person stopped being socially dangerous. The prosecutor, and also the investigator with the consent of the prosecutor in the presence of the bases specified in article 48 of the Criminal code of Ukraine constitutes the motivated resolution on the direction of case in court for the solution of question of release of person from criminal liability. In the presence of the bases specified in article 48 of the Criminal code of Ukraine on the cases which arrived in court with the indictment, the court in judicial session issues the decree on diversion.
In case of the termination of criminal case for these reasons the requirements noted in parts 2 and 3 of article 7 of this Code shall be observed.
The court the sentence can exempt person who committed crime of small or average weight from punishment if recognizes that taking into account irreproachable conduct and conscientious attitude to work this person by the time of consideration of the case in court cannot be considered socially dangerous.
Person can be also exempted according to the court verdict from liability or punishment on the bases provided by articles 49 and 74 of the Criminal code of Ukraine.
Criminal proceeding can be stopped by court in communication:
1) with efficient repentance;
2) with conciliation of the person accused, defendant with victim;
3) using to the minor of enforcement powers of educational nature according to the procedure, stipulated in Article the 447th of this Code;
4) with transfer of person on bails to staff of the company, organization or organization;
5) with the expiration of prescriptive limits. To the direction of criminal case in court the essence of accusation, the basis of release from criminal liability and the right to object to diversion on this basis shall be explained to person.
The direction of criminal case in court for the reasons noted in this Article is not allowed if the person accused, the defendant, objects to it. In this case proceeedings continue regularly.
The prosecutor, and also the investigator with the consent of the prosecutor in the presence of the bases specified in article 45 of the Criminal code of Ukraine, the having the right motivated resolution to take criminal case to court for the solution of question of release of the person accused from criminal liability. In the presence of the bases specified in article 45 of the Criminal code of Ukraine on the cases which arrived in court with the indictment, the court in judicial session issues the decree on diversion.
Person aged from eleven years which is suspected of making of socially dangerous act falling under signs of act for which the Criminal code of Ukraine prescribes custodial sanction over five years and not reached age from which there can come criminal liability, and concerning which there are enough bases to consider that it will evade from the investigation and court or from accomplishment of proceeding decisions, to interfere with establishment of the truth on case or to continue unlawful activity, can be placed in the receiver distributor for children for up to 30 days. This term in the presence of the bases can be extended by the judgment up to 30 days. The issue concerning the room of such person in the receiver distributor for children is resolved by court on representation of the investigator or body of inquiry in the consent of the prosecutor, taking into account the features provided by parts three and the fourth article 447 of this Code, immediately. On the judgment by the prosecutor, legal representative, defender of the minor and the most minor within three days from the date of adoption of such decision the appeal in Appeal Court can be submitted. Submission of the appeal does not stop accomplishment of the judgment about the room of the child in the receiver distributor for children
The investigator, having determined in criminal case that 'socially dangerous act which is commited by person aged from eleven years and before execution of age from which criminal liability is possible issues the motivated decree on solution of the case and applications to the minor of enforcement powers of educational nature. Case together with the resolution goes to the prosecutor.
The minor concerning whom the decree is issued and also to his parents or persons that they are replaced, before the direction of case to the prosecutor is given opportunity to study all case papers, at the same time they have the right to use services of the defender.
The investigator, having determined in criminal case that socially dangerous act is made by the child who did not reach eleven-year age, will issue the decree on solution of the case with observance of requirements of part three of this Article what reports to the prosecutor and service in cases of children on the place of residence of the child about.
The prosecutor, and also the investigator with the consent of the prosecutor has the right in the presence of the bases specified in article 46 of the Criminal code of Ukraine to issue the motivated decree on the direction of case in court for the solution of question of release of the person accused from criminal liability. In the presence of the bases specified in article 46 of the Criminal code of Ukraine on the cases which arrived in court with the indictment, the court in judicial session issues the decree on diversion.
The prosecutor, and also the investigator with the consent of the prosecutor on the basis provided by part one of article 97 of the Criminal code of Ukraine issue the motivated decree on the direction of case in court for the solution of question of release of the minor from criminal liability. In this case, with observance of requirements of Articles 438 and 440 of this Code, charge is brought to the minor and after pronouncement of the resolution all case papers are shown. Case with the list of persons which are subject to writ of summons is taken to court by the prosecutor.
In the presence of the bases specified in part one of article 97 of the Criminal code of Ukraine on the cases which arrived in court with the indictment, the court in judicial session issues the decree on diversion.
The prosecutor, and also the investigator with the consent of the prosecutor has the right in the presence of the bases specified in article 47 of the Criminal code of Ukraine the motivated resolution to take case to court for the solution of question of release of the person accused from criminal liability with transfer it on bails to staff of the company, organization or organization for the their petition for it accepted on general meeting. The protocol of general meeting is filed.
According to the petition of collective the prosecutor, the investigator inform meeting on circumstances of the committed crime of small or average weight. In the presence of the bases specified in article 47 of the Criminal code of Ukraine on the cases which arrived in court with the indictment, the court in judicial session issues the decree on diversion.
Court, the prosecutor, the investigator shall report to public organization or labor collective about transfer of person to them on bail.
In the presence of circumstances which according to article 47 of the Criminal code of Ukraine exclude transfer of person on bail, court the prosecutor, the investigator refuse the petition of public organization or labor collective for transfer of person on bail and report to them about motives of variation of the petition.
The refusal of the investigator or prosecutor in pronouncement of the resolution on the direction of case in court for release from criminal liability with transfer of person on bails does not interfere with collective to take a legal action with this petition.
The prosecutor, and also the investigator with the consent of the prosecutor on the basis provided by part one of article 49 of the Criminal code of Ukraine issue the motivated decree on the direction of criminal case in court for the solution of question of release of the person accused from criminal liability.
The court in judicial session in the presence of the bases provided by part one of article 49 of the Criminal code of Ukraine dismisses criminal case in connection with the expiration of prescriptive limits in cases when case arrived in court with the indictment.
If during inquiry and pretrial investigation during the terms specified in part one of article 49 of the Criminal code of Ukraine person who committed crime is not identified, the prosecutor or the investigator with the consent of the prosecutor takes criminal case to court for the solution of question of its termination on the basis provided by part two of this Article.
The question of use of prescription to person who committed especially serious crime for which according to the law lifelong imprisonment can be appointed is allowed by court. If the court does not find it possible to apply prescription, lifelong imprisonment, according to part four of article 49 of the Criminal code of Ukraine, cannot be appointed and is replaced with imprisonment with certain term.
In case of permission of question of closing of criminal case according to Articles 7, 7-1, 7-2, 7-3, 8, of 9, of the 10th this Code court, the prosecutor, the investigator shall find out opinion of the victim and in case of solution of the case to report about it to the victim and his representative. The victim and his representative can appeal the decision on solution of the case according to the procedure, stipulated in Article 215 or in appeal procedure.
The court in the presence of the solution of staff of the company, organization or the organization accepted on general meeting on refusal of the guarantee for person bailed by them who within year from the date of transfer it on bails will not justify trust of collective will evade from measures of educational nature and to disturb the public peace, resolves issue of criminal liability of this person. Renewal of case in these cases is made according to Chapter of 31 of this Code.
It is excluded by the Decree of TAC N838-12 of 18.03.91
Nobody can be arrested differently as based on the judgment.
The prosecutor shall exempt immediately everyone who is illegally imprisoned or is held in custody over the term provided by the law or the adjudication.
Inviolability of home is guaranteed to citizens. Nobody has the right without legal cause to enter the dwelling against the will of persons who live in it.
Private life of citizens, the mystery of correspondence, telephone conversations and cable messages of bank deposits and accounts are protected by the law.
The search, survey of the room at citizens, seizure of correspondence and its dredging in post and cable organizations can be performed only on the bases and according to the procedure, established by this Code.
In the presence of threat of making of violence or other illegal actions concerning protected persons according to the written application or from written consent of these persons listening of telephone and other conversations, visual observation using or without application zvuko-, videos, photo and filmings can be carried out.
Listening of telephone and other conversations, disclosure of information containing bank secrecy is performed according to the written permission of the owner of such information or by a court decision, except the cases provided by the Law of Ukraine "About fight against terrorism".
Justice in criminal cases is performed only by court.
Nobody can be found guilty of crime execution, and also the pallet to criminal penalty differently as according to the court verdict and according to the law.
Justice in criminal cases is performed on bases of equality of citizens before the law and court irrespective of origin, social and property condition, racial and national identity, floor, education, language, the relation to religion, sort and nature of occupations, the place of residence and other circumstances.
Hearing of cases in courts is performed on the basis of competitiveness.
When considering the case in court of function of accusation, protection and permission of case cannot be assigned to the same body or to the same person.
Crown case in court is performed by the prosecutor. In the cases provided by this Code, accusation is performed by the victim or his representative.
Protection of the defendant is performed by the defendant, his defender or the legal representative.
The prosecutor, the defendant, his defender or the legal representative, the victim, the civil claimant, the civil defendant and their representatives take part in judicial session as the parties and have the equal rights and freedom in provision of proofs, their research and proof of their persuasiveness before court.
Court, observing objectivity and objectiveness, creates necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.
Function of consideration of the case is assigned to court.
In court the automated system of document flow of court which provides functions:
1) objective and impartial distribution of cases between judges with respect for the principles of priority and the identical number of cases for each judge;
2) provision to physical persons and legal entities of information on condition of hearing of cases which participants of process they are;
3) centralized storage of texts of sentences, resolutions, determinations and other procedural documents;
4) preparation of statistical data;
5) registration of the entering and outgoing correspondence and stages of its movement;
6) issue of sentences, determinations, court orders and writs of execution based on the data which are available in system;
7) transfer of cases to electronic archive.
Criminal cases, claims, representations and others are provided by the law procedural documents which are filed a lawsuit and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in the automated system of document flow of court which is performed by workers of the office of the relevant court in day of their receipt. Without fail are entered into the automated system of document flow of court: receipt date of criminal case, the claim, representation or other procedural document, surname of person concerning whom documents, and their essence, surname (name) of person (body) from which documents, surname of the worker of the office of court who performed registration, information on movement of court documents, this about the judge who considered case, and other data provided by Regulations on the automated system of document flow of court which affirm Judicial council of Ukraine in coordination with Public judicial administration of Ukraine arrived are filed.
Determination of the judge or board of judges for consideration of specific case is performed by the automated system of document flow of court during registration of the corresponding criminal case, the claim, representation or other procedural document by the principle of reliability which considers the number of the cases which are under consideration at judges prohibition to take part in check of sentences, determinations and resolutions for the judge who took part in acceptance of sentence, determination and the resolution about which check the question, stay of judges in leave, on the sick-list, in business trip and the termination of term of their powers is raised. Cases are distributed taking into account specialization of judges. After determination of the judge or board of judges for consideration of specific case, modification of registration data concerning this case, and also removal of these data from the automated system of document flow of court is not allowed, except the cases established by the law.
Access to the automated system of document flow of court is provided to judges and workers of the office of the relevant court according to their functional obligations.
Unauthorized intervention in work of the automated system of document flow of court has the investigation the responsibility established by the law.
The procedure for functioning of the automated system of document flow of court, including issue of sentences, determinations, court orders and writs of execution, transfers of cases to electronic archive, storages of texts of sentences, determinations, court orders and other procedural documents, provisions of information to physical persons and legal entities of preparation of statistical data is determined by Regulations on the automated system of document flow of court.
Criminal cases are considered in Trial Court solely by the judge who acts on behalf of court, except as specified, provided by parts two and third this Article.
Criminal cases about crimes for which the law prescribes custodial sanction for the term of more than ten years are considered in Trial Court jointly by court as a part of three persons if the defendant declared the petition for such consideration, and for crimes for which the law provides possibility of assignment of punishment in the form of lifelong imprisonment, - as a part of three persons irrespective of availability of the petition of the defendant for such consideration.
The part three is excluded.
Hearing of cases in cassation procedure is performed by courts as a part of three judges, and according to the procedure of judicial supervision - in structure there are at least three judges.
The judge or structure of board of judges for consideration of specific case is determined according to the procedure, established by part three of article 162 of this Code.
Hearing of cases in the Supreme Court of Ukraine is performed jointly with participation of all judges of the Supreme Court of Ukraine.
When implementing justice in criminal cases of the judge are independent and submit only to the law. Judges and jurymen solve criminal cases based on the law, in conditions which exclude foreign influence on judges.
Language in which production in criminal cases is performed is determined by article 15 of the Law of Ukraine "About the principles of the state language policy".
Trial of cases in all courts is open, except as specified, when it contradicts interests of protection of the state or protected by the law other secret.
The closed legal proceedings, besides, are allowed on the motivated judgment in cases on crimes of persons which did not reach sixteen-year age, in cases on sex offenses for rather human trafficking, and also in another matters for the purpose of prevention of disclosure of data on intimate aspects of life of persons who participate on case and if it is required by interests of safety of protected persons.
Hearing of cases in closed meeting of court is performed with observance of all rules of practice.
Sentences of courts in all cases are proclaimed publicly.
The right of defense is provided to the suspect, the person accused and the defendant.
Person making inquiry, the investigator, the prosecutor, the judge and court shall the suspect, the person accused and the defendant to explain before the first interrogation to them the right to have the defender and to constitute about it the protocol, and also to provide to the suspect, the person accused and the defendant opportunity to be protected by the means from the brought charge established by the law and to provide protection of their personal and property rights.
Person performing inquiry, the investigator, the prosecutor, the judge and court shall inform the suspect, the person accused or the defendant on possibility of appointment of the defender according to the Law of Ukraine "About free legal assistance".
The prosecutor, the investigator and person making inquiry shall take all measures provided by the law for comprehensive, complete and objective investigation of the facts of the case, find as those circumstances which expose, and those which acquit the person accused, and also the circumstances mitigating and burdening its responsibility.
Court, the prosecutor, the investigator and person making the inquiry having no right to restack proof obligation on the person accused.
It is forbidden to solicit testimonies of the person accused and other persons who participate on case, by violence, threats and other illegal measures.
When implementing inquiry, pretrial investigation and judicial review of criminal case body of inquiry, the investigator, the prosecutor shall establish the reasons and conditions which promoted crime execution.
Body of inquiry, the investigator, the prosecutor, having established the reasons and conditions which promoted crime execution, bring in the relevant state body, public organization or to the official provision about the use of measures for elimination of these reasons and conditions.
If during inquiry, pretrial investigation or check which was carried out on the bases provided by part 4 of article 97 of this Code it is determined that in act of person which is brought to trial or in acts of other persons there are signs of disciplinary offense or these persons shall be brought according to the current legislation to financial responsibility, body of inquiry, the investigator or the prosecutor shall bring up in provision question of involvement of these persons to disciplinary or financial responsibility.
Not later than in a month on provision necessary measures be taken and about results it is reported to person who sent provision.
In case leaving by the official of provision without consideration body of inquiry, the investigator or the prosecutor shall take the measures provided by Articles 254 - 257 Codes of Ukraine about administrative offenses.
The court in the presence on that the bases passes the separate decision (resolution) which it draws the attention of state bodies, public organizations or officials to the facts of violation of the law, the reason and condition determined on case which promoted crime execution and require the use of adequate measures.
The separate decision (resolution) can be also passed in case of identification of violations of the rights of citizens by court and other violations of the law allowed when implementing inquiry, pretrial investigation or when considering the case by subordinate court.
The court can the separate decision (resolution) bring to permission of the relevant company, organization or the organization about shown by the citizen of high consciousness, courage in case of accomplishment of social duty which promoted prevention or disclosure of crime.
The separate decision (resolution) of court is also passed when the convict to imprisonment has minor children who were left without supervision and will demand ustraivaniye or establishment over them of guardianship or care.
The court on material of judicial has the right to pass the separate decision (resolution) and in other cases if it recognizes it necessary.
Not later than in a month according to the separate decision (resolution) necessary measures be taken and about results it is reported to court which passed the separate decision (resolution).
In case leaving by the official of the separate decision (resolution) of court without consideration the measures provided by Articles 254 - 257 Codes of Ukraine about administrative offenses shall be taken.
It is excluded
Supervision of compliance with laws by the bodies performing operational search activities inquiry and pretrial investigation is performed by the Attorney-General of Ukraine and prosecutors subordinated to it.
The prosecutor shall take timely in all stages of criminal trial the measures provided by the law to elimination of any violations of the law from whom these violations would not proceed.
The prosecutor performs the powers in criminal trial irrespective of any bodies and officials, submitting only to the law and being guided by instructions of the Attorney-General of Ukraine.
The decrees of the prosecutor issued according to the law are obligatory for accomplishment by all companies, organizations, organizations, officials and citizens.
In one production cases on accusation of several persons - accomplices of making of one or several crimes or on accusation of one person in making of several crimes can be consolidated.
Allocation of case is allowed only in cases which are caused by need when it cannot negatively affect comprehensiveness, completeness and objectivity of research and permission of case.
Consolidation and allocation of cases is carried out under the resolution of person making inquiry, the investigator, the prosecutor or according to the decision or the court order.
Rules of this Article can be applied and in cases of criminal prosecution for not promised perepryatyvaniye of the criminal and concealment of crime, and also failure to report about crime is pre-judicial.
Cases on crimes, stipulated in Article 125, part of 1 Article 126, and also cases on crimes, stipulated in Article 203-1, part of 1 Article 206, 219, of 229, 231 - 232-2, 356 Criminal codes of Ukraine concerning actions which cause damage to the rights and interests of certain citizens are broken by Articles precisely according to the claim of the victim to whom and the right to hold charges is necessary in that case. The specified cases are subject to closing if the victim conciliates with the person accused, the defendant. Conciliation can happen only to removal of court to the consultative room for the resolution of sentence. On cases on crimes, stipulated in Article 125, 126, and also article 356 of the Criminal code of Ukraine concerning actions which cause damage to the rights and interests of certain citizens inquiry and pretrial investigation are not performed by part of 1 Article.
Cases on the crimes provided by part 1 of article 152 of the Criminal code of Ukraine are broken precisely according to the claim of the victim, but it is impossible to close them behind conciliation of the victim with the accused defendant.
If about any from the crimes noted regarding 1 this Article the special social significance, and also in exceptional cases when the victim on such case or in the case of the crime noted in part 2 of this Article through the helpless condition, dependence on the person accused or for other reasons cannot protect the legitimate interests deals, the prosecutor initiates proceedings and in the absence of the claim of the victim. The proceedings initiated by the prosecutor go for implementation of inquiry or pretrial investigation, and after the termination investigation is considered by court in general procedure. Such case in case of conciliation of the victim with the accused defendant is not subject to closing.
The prosecutor has the right to go at any time into the proceedings initiated by the judge according to the claim of the victim on the crimes noted regarding 1 this Article and to hold charges in court when it is required by protection of the state or public concerns or rights of citizens. Introduction of the prosecutor in case does not deprive of the victim of the rights, stipulated in Article the 49th this Code, but case in these cases in conciliation of the victim with the accused defendant is not subject to closing.
If the act provided by articles 235-1, 235-2 or 235-3 of the Criminal code of Ukraine causes damage only to interests of the legal entity of private law irrespective of form of business, initiation of legal proceedings is performed according to the statement of the owner (co-owner) of this legal entity or in its consent. In other cases of criminal prosecution of the perpetrator it is performed in accordance with general practice.
If act, stipulated in Article 203-1, part of 1 Article 206, Articles 219, of 229, 231 - 232-2, 356, of 364-1, 365-1 or 365-2 Criminal codes of Ukraine, do harm only to interests of the legal entity of private law irrespective of form of business, initiation of legal proceedings is performed according to the statement of the owner (co-owner) of this legal entity or from its consent. In other cases criminal prosecution of the perpetrator is performed in accordance with general practice.
Person who suffered material damage from crime had the right to show in case of criminal proceeding to the person accused or to persons who bear liability for actions of the person accused, the civil claim which is considered by court together with criminal case.
Solution of the case for the reasons noted in articles 7 and 7-1 of this Code does not exempt person from obligation to pay the loss of property caused by it to the state, public organizations or citizens in the procedure established by the law.
The civil action can be made both during the Pretrial investigation and inquiry, and during judicial review of case, but prior to court investigation. The refusal in the claim according to the procedure of civil legal proceedings deprives of the claimant of the right to make the same claim for criminal case.
Person who did not make the civil action in criminal case and also person whose civil action was left without consideration has the right to show it according to the procedure of civil legal proceedings.
The civil claimant and the civil defendant by consideration of the civil action in criminal case or the claim for compensation of the loss of property caused by person concerning whom case is closed for the reasons noted in articles 7 and 7-1 of this Code are exempted from payment of the state fee.
In the presence of sufficient data that the crime causes material damage, or expenses by health care institution on hospitalization of the victim from crime, body of inquiry, the investigator are incurred, the prosecutor and court shall take measures to providing the civil action.
The prosecutor makes or prosecutes the civil case submitted by the victim about indemnification, caused by crime if it is required by protection of interests of the state, and also citizens who behind the state of health and on other reasonable excuses cannot protect the rights.
In case of criminal proceeding about crime for which the additional measure of punishment in the form of confiscation of property, body of inquiry can be applied the investigator, the prosecutor shall take measures to ensuring possible confiscation of property of the person accused.
It is excluded by the Law N2857-12 of 15.12.92
The procedure for the intercourses of courts, prosecutors, investigators and bodies of inquiry with the relevant organizations of foreign states, and also procedure for accomplishment of mutual orders is determined by the legislation of Ukraine and international treaties of Ukraine consent to be bound of which is provided by the Verkhovna Rada of Ukraine.
The terms used in this Code if there are no separate instructions, have the following value:
1) "Court" - The Supreme Court of Ukraine, the Supreme specialized court of Ukraine on consideration of civil and criminal cases, Appeal Court of the Autonomous Republic of Crimea, Appeal Courts of areas, cities of Kiev and Sevastopol, district, district in the cities, city and gorrayonny courts, the judge who solely considers case;
2) "Trial Court" - district, district in the city, city and gorrayonny court which has the right to pronounce verdict;
3) "Appeal Court" - the court considering cases on appeals on sentences, determinations and court orders of the first instance which did not take legal effect;
4) "Court of cassation" - the court considering cases on writs of appeal in cassation procedure
5) "Judge" - the chairman, the vice-chairman and the judge according to the Supreme Court of Ukraine, the Supreme specialized court of Ukraine on consideration of civil and criminal cases, Appeal Court of the Autonomous Republic of Crimea, Appeal Courts of areas, cities of Kiev and Sevastopol, district, district in the city, city and gorrayonny courts;
5-and) "Chairman" - the judge who presides in case of joint consideration of the case or considers case solely;
6) "Prosecutor" - The Attorney-General of Ukraine, the prosecutor of the Autonomous Republic of Crimea, the prosecutor of the region, the prosecutor of the city of Kiev, the district, city prosecutor, the military prosecutor, the transport prosecutor and other prosecutors equated to prosecutors of areas, district or city prosecutors, their deputies and assistants, prosecutors of managements and departments of prosecutor's offices acting within the competence;
6-and) "The chief of investigative department" - the chief of the Main Investigation Department, investigation department, department, department of law-enforcement bodies, safety and his deputies acting within the competence, and the same tax police;
7) "Investigator" - the investigator of prosecutor's office, the investigator of law-enforcement bodies, the investigator of security service, the investigator of tax police;
8) "Participants of process" - the person accused, the suspect, the defender, and also the victim, the civil claimant, the civil defendant and their representatives;
9) "Prosecutor" - the prosecutor holding crown case in court and the victim on the cases provided by part 1 of article 27 of this Code and in other cases provided by this Code;
10) "Legal representatives" are parents, guardians, custodians of this person or representatives of those organizations and organizations under the care of which it is;
11) "Close relatives" are parents, the wife, the husband, children, brothers and sisters, the grandfather, the grandma, grandsons;
12) "Sentence" - resolution of the Trial Court about guilt or innocence of person;
13) "Determination" - all decisions, except sentence, taken out by court of the first appeal and cassation instance in judicial sessions in joint structure;
14) "Resolution" - decisions of body of inquiry, the investigator and the prosecutor, and also decisions passed by the judge solely or Appeal Court;
15) "Appeal" - the claim of the prosecutor and the claim of the participant of process about cancellation or change of the judgment in appeal procedure;
16) it is excluded by the Law N2533-III of 21.06.2001
17) it is excluded by the Law N2533-III of 21.06.2001
18) it is excluded by the Law N2533-III of 21.06.2001
19) "Writ of appeal" - the claim of the prosecutor, the claim of the participant of process about cancellation or change of the judgment in cassation procedure;
20) "Protocol" - the document on carrying out investigative and judicial actions, on their content and effects.
It is excluded by the Decree of TAC N6834-10 of 16.04.84
It is excluded by the Decree of TAC N6834-10 of 16.04.84
All criminal cases are considered district, district in the cities, by city and gorrayonny courts.
It is excluded by the Law N174/94-BP of 21.09.94
It is excluded
It is excluded by the Law N2533-III of 21.06.2001
It is excluded
Criminal case is considered in that court around which activities the crime is committed. If the place of crime execution cannot be established, then case shall be considered by court around which activities inquiry or pretrial investigation in this case is finished.
For the purpose of ensuring the most objective and complete examination of case, and also the best providing educational role of judicial review, in some cases case can be submitted vessels in the place of residence or works of the person accused or on the location of most of witnesses.
Transfer in these cases of case from one court in another is allowed only prior to its consideration in judicial session.
The question of case referral from one district, district in the city, city, gorrayonny court in another within the Autonomous Republic of Crimea, one area, the cities of Kiev and Sevastopol, is solved the chairman of Appeal Court of the Autonomous Republic of Crimea, chairmen of the relevant Appeal Courts of areas, cities of Kiev and Sevastopol.
The issue of case referral in court of other area is resolved by the Chairman of the Supreme specialized court of Ukraine on consideration of civil and criminal cases or his deputy.
In case of consolidation in one implementation of criminal cases on accusation of several persons in making of several crimes when these cases are jurisdictional to two or several courts of the same name, case is considered by that court around which activities criminal case was brought or the pretrial investigation or inquiry is completed.
If one person or group of persons are accused of making of several crimes, cases on which are jurisdictional to heteronymic courts, then case is considered higher of these courts.
The judge meeting, having determined that criminal case not to jurisdictional this court, sends it on cognizance; about it the judge issues the decree.
If jurisdiction of the case to other court of the same name appeared in judicial session, the court continues consideration of the case when it cannot do harm to completeness and objectivity of research of the facts of the case. When it is impossible to provide completeness and objectivity of research of the facts of the case, the court sends case on cognizance about what passes the decision.
Court, having found out in judicial session that case to jurisdictional superior court, sends it on cognizance.
Transfer to subordinate court of the case begun with consideration in judicial session of superior court is not allowed.
Disputes on cognizance between courts are not allowed. The criminal case sent from one court to another according to the procedure, established by Articles 38 - 41 these Code, shall be accepted this court in the implementation if at the same time competence of court is not exceeded.
Person accused is person concerning whom in established by this Code procedure the decree on attraction as the person accused is issued. After purpose of case to judicial review the person accused hereinafter is referred to as as the defendant.
The person accused has the right: the nobility, what he is accused of; give evidences on the charge brought to him or refuse to give evidences and answer questions; have the defender and appointments to it before the first interrogation; produce the evidence; declare the petition; study after the termination of pretrial investigation or inquiry all case papers; be involved in judicial review in Trial Court; declare branches; make complaints to actions and solutions of face which performs inquiry, the investigator, the prosecutor, judges and vessels, and in the presence of the corresponding bases - on safety.
The defendant has the right to last plea.
Is recognized to suspects:
1) person detained on suspicion of crime execution;
2) person to whom the measure of restraint before pronouncement of the resolution on attraction it as the person accused is applied.
The suspect has the right: the nobility, what he is suspected of; give evidences or refuse to give evidences and answer questions; have the defender and appointments to it before the first interrogation; give proofs; declare the petition and branches; require check by court or the prosecutor of legitimacy of detention; make complaints to actions and solutions of face which performs operational search actions and inquiries, the investigator and the prosecutor, and in the presence of the corresponding bases - on safety.
About explanation of the rights it is specified to the suspect of the protocol of detention or the resolution on application of measure of restraint.
Defender is person which according to the procedure, established by the law, authorized to perform protection of the rights and legitimate interests of the suspect, person accused, defendant, convict, justified and rendering necessary legal aid to them in case of criminal proceeding.
As defenders persons having the certificate on the right to occupation lawyer activities in Ukraine and other specialists in the field of the right who under the law have the right to rendering legal assistance personally or by proxy the legal entity are allowed. In cases and according to the procedure, provided by this Code, as defenders close relatives of the person accused, the defendant, the convict, justified, his guardians or custodians are allowed.
Powers of the defender on participation in case prove to be true:
1) the lawyer - the order of the corresponding lawyer consolidation or the power of attorney of the Center for provision free secondary legal the help;
2) the lawyer who is not the member lawyer objedineniyasoglasheniye, other specialists in the field of the right who under the law have the right to rendering legal assistance personally or at the request of the legal entity or to the order of the legal entity - the agreement or the order of the legal entity or the Center for provision of free secondary legal assistance;
3) close relatives, guardians or custodians - the statement of the person accused, defendant, the convict acquitted about their admission to participation in case in quality of defenders.
The defender is allowed to participation in case in any stage of process. Close relatives of the person accused, his guardians or custodians as defenders are allowed to participation in case from the moment of presentation to the person accused for acquaintance of materials of pretrial investigation. In cases when according to requirements of article 45 of this Code participation of the defender is obligatory, close relatives of the person accused, his guardians or custodians as defenders can take part in case only along with the defender - the lawyer or other specialist in the field of the right who under the law has the right to rendering legal assistance personally or by proxy the legal entity.
About the admission of the defender to participation in case person making inquiry, the investigator, the prosecutor, the judge issue the decree, and sudopredeleniye.
As the defenders of the witness invited by him for provision of legal assistance during interrogation or carrying out other investigative actions with the assistance of the witness are allowed persons meeting the requirements of parts two and third this Article. The admission of the defender of the witness to participation on case is performed according to the procedure, provided by part five of this Article.
Participation of the defender in case of production of inquiry, pretrial investigation and in consideration of criminal case in Trial Court is obligatory:
1) for persons, suspects or persons accused of crime execution aged up to 18 years, - from the moment of recognition of person by the suspect or presentation of accusation to it;
2) on cases on crimes of persons which owing to the physical or mental defects (mute, deaf, blind and others) cannot exercise right of defense, - from the moment of detention of person or presentation of accusation to it or from the moment of establishment of these shortcomings;
3) for persons who are not knowing language in which legal proceedings - are conducted from the moment of detention of person or presentation of accusation to it;
4) when the sanction of Article according to which the crime is qualified, provides life imprisonment - from the moment of detention of person or presentation of accusation to it;
5) in case of production of case on application of enforcement powers of medical nature - from the moment of factual determination of availability at person of sincere disease;
6) in case of production of case on application of enforcement powers of educational nature - from the moment of the first interrogation of the minor;
In Appeal Court participation of the defender in the cases provided by part one of this Article is obligatory if in the appeal the question of deterioration of the situation of the convict or justified is started.
The suspect, the person accused and the defendant have the right at any moment of proceeedings to refuse the invited or appointed defender. The refusal is allowed only at the initiative of the suspect, the person accused or the defendant and does not deprive of it the right to invite the same or other defender in further stages of process.
In case of refusal of the defender person making inquiry, the investigator constitute the protocol with indication of motives of refusal, and the court specifies about it in the protocol of judicial session. About acceptance of refusal of the defender or variation his face making inquiry, the investigator, the judge issue the decree, and court - determination.
The refusal of the defender in the cases specified in article 45 of this Code can be accepted only when the suspect, the person accused, the defendant, the convict or justified prove it by motives which person making inquiry, the investigator, court recognize deserving attention. In this case the defender is replaced with another according to the procedure, provided by part four of this Article.
Having accepted according to requirements of article 50 of this Code the decision on discharge of the defender from participation in case, and also having accepted refusal of the defender of accomplishment of obligations, person making inquiry, the investigator, the judge or court explain to the suspect, the person accused, the defendant its right to invite other defender and provide to it for this purpose in legal investigation stage at least days, and in stage of judicial review of case - at least three days. If in cases, stipulated in Article the 45th of this Code, the suspect, the person accused, the defendant during these terms does not invite other defender, person making inquiry, the investigator or the judge the resolution, and court - by determination appoint the defender.
Replacement of one defender with another, except cases, stipulated in Article 61 of this Code, can take place only according to the petition or with the consent of the suspect, the person accused, the defendant.
Replacement of one defender with another can take place in any stage of process and does not attract renewal of the legal proceedings made with participation of the replaced defender.
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The document ceased to be valid according to the Code of Ukraine of April 13, 2012 No. 4651-VI