Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 14. Inviolability of person

No one may be arrested otherwise than based on court’s decision.
Prosecutor should immediately release everyone who has been illegally confined or is kept in custody over period prescribed by law or a judgment.

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 15. Administering justice only by court

Justice in criminal proceedings is administered only by court.

No one may be found guilty in the commission of crime and criminally punished therefor otherwise than based on a court’s sentence and in accordance with law.

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 16-1. Adversariality and optionality of proceedings

Courts try cases on the basis of adversariality of proceedings.

While conducting a case trial, the functions of prosecution, defense and ruling the case may not be imposed on the same body or person.

The government in court is represented by a prosecutor. In cases specified in the present Code, the
victim or his/her representative conducts prosecution.

The defense of a defendant is maintained by the defendant himself/herself, by the defense counsel or legal representative of the latter.

Procurator, defendant, his/her defense counsel or legal representative, victim, civil plaintiff, civil defendant and their representatives participate in court session as parties and enjoy equal rights and freedom in producing evidence, examining it and proving its validity before court.

The court, while keeping objectivity and impartiality, creates necessary conditions for the parties to fulfill their procedural obligations and enjoy the rights granted thereto.

The function of trying a case is imposed on court.

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 19. Language of criminal proceedings

Criminal proceedings are conducted in Ukrainian or in a language spoken by the majority of local population.

Participants to the case who do not speak the language in which proceedings are conducted are ensured the right to make statements, give testimonies, submit motions, review all records of the case, speak mother language in court, and have translator as prescribed in the present Code.

Investigatory and judicial documents, in accordance with procedure established in the present Code, are handed over to the accused in translation to his/her mother language or other language he/she knows.

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 21. Ensuring right to defense to the suspect, accused, and defendant

Right to defense is ensured to the suspect, accused, and defendant.

Inquirer, investigator, prosecutor, judge, and court, before the first examination of the suspect, accused, and defendant, are required to advice them of the right to have a defense counsel and draw up an appropriate record thereon, as well as provide the suspect, accused, and defendant the possibility to defend themselves with legal remedies from the charge brought and ensure protection of their personal and property rights.

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 22. Thorough, complete and objective examination of the circumstances of the case

It is not permitted to seek testimonies from the accused and other participants to the case with the use of violence, threats, and other illegal measures.

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43. The accused and his/her rights

The accused has the right to: know what he/she is accused of; give testimonies related to the charges brought or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions; review all records of the case after the completion of pre-trial investigation or inquiry; participate in the trial conducted by trial court; propose disqualifications; submit complaints against actions and decisions of the inquirer, investigator, prosecutor, judge, and court, and, with appropriate grounds present, have his/her security ensured.

The defendant has the right to the last statement.

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43-1. Suspect

The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor , and, with appropriate grounds present, have his/her security ensured.

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 48. Rights and duties of a defense counsel

1) have a confidential meeting with the suspect or the accused prior to the first examination and thereafter the same meetings without limitation of their number and length;

Section I

GENERAL PROVISIONS

Chapter 5

EVIDENCE

Article 74. Testimonies of the accused

The accused may give testimonies with regard to charges brought against him/her, as well as about all circumstances in the case he/she is aware of and proofs present in the case. Testimonies of the accused, including plea of “guilty”, are subject to verification Confession by the accused may constitute the basis for accusation only if such confession is confirmed by the totality of proofs present in the case.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 10

INQUIRY

Article 106. Apprehension of the suspect by inquiry agency

Inquiry agency within seventy two hours after apprehension:
1) releases the apprehended person – if suspicion of having committed a crime has not been confirmed, time-limit established by law expired or apprehension was conducted contrary to the first and second paragraphs of the present Article;
2) releases the apprehended person and impose on him/her a measure of restraint other than custody;
3) brings the apprehended person to judge and requests the latter to impose a measure of restraint in the form of custody.
In case of challenging apprehension before court, the apprehended person’s complaint is immediately sent to court by the head of the place of custody pending trial. The judge considers such complaint concurrently with inquiry agency’s request to impose a measure of restraint. If complaint was filed after the measure of restraint has been imposed, it is considered by judge within three days after its receipt. If the request was not received or when the complaint was received after expiration of seventy two hours after the apprehension, the judge considers the complaint within five days from its receipt.
The complaint is considered in compliance with requirements set forth in Article 165-2 of the present Code. Following consideration of the complaint, the judge takes decisions on the legality of apprehension or satisfies the complaint and finds apprehension illegal. A copy of such decision is sent to the prosecutor, inquiry agency, the apprehended person, and the head of the place of custody pending trial.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 10

INQUIRY

Article 107. Interrogation of those suspected of having committed a crime

A suspect is summoned and interrogated in compliance with rules laid down in Articles 134 – 136, 145, and 146 of the present Code.

If a suspect was apprehended or a measure of restraint in the form of custody was imposed thereon, he/she is interrogated immediately and, when such immediate interrogation is impossible, - not later than 24 hours after apprehension. Presence of a defense counsel is compulsory during such interrogation, except when the suspect waives the right to defense counsel and his/her waiver is accepted.

Before interrogation, the suspect should be advised of his/her rights set forth in Article 43-1 of the present Code, and informed on what crime he/she is suspected of, and an appropriate note thereof is entered in the record of interrogation.

(Article 107 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws 3780-XII ( 3780-12 ) of 23.12.93, No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 140. The way in which charges are brought

A defense counsel should necessarily be present during brining charges except when he/she waives the right to a defense counsel and such waiver is accepted.

Having made sure of the identity of the accused, investigator reads him/her out the decision to prosecute him/her as an accused, explains the substance of charges, and gives him/her a copy of the decision to prosecute him/her as an accused.

Investigator draws up the record that charges have been brought, substance of charges explained, and a copy of the decision to prosecute as an accused given, such record stating the hour and the day when charges were brought and being signed by the accused, investigator, and defense counsel.

If the accused refuses signing the record, investigator makes a note in the record that the accused refused to sign the record and states motives for such refusal and informs the prosecutor thereon.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 142. Advising the accused of his/her rights during investigation

When bringing charges, investigator is required to advise the accused that, during pre-trial investigation, he/she has the right to:
1) be aware what he/she is charged of;
2) testify with regard to charges brought or refuse testifying and answering questions;
3) produce evidence;
4) apply for interrogation of witnesses, confrontation, expert examination, obtainment of documents and their attachment to records of the case, submit petitions relating to all other matters which have an importance for establishing the truth in the case;
5) propose disqualification of investigator, prosecutor, expert, specialist, and translator;
6) be present during the conduct of particular investigative actions, upon investigator’s consent;
7) review all records of the case after the completion of pre-trial investigation;
8) have a defense counsel and meet him/her before the first interrogation;
9) file complaints against actions and decisions of the investigator and prosecutor. Investigator states in the decision to bring charges that the accused was advised of his/her rights, the latter fact being confirmed by the signature of the accused.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 13

MEASURES OF RESTRAINT

Article 156. Custody periods

Custody at the stage of pre-trial investigation may not last more than two months. Whenever it is impossible to complete investigation of a case within time-limit prescribed in paragraph 1 of the present Article and there are no grounds for revocation or substitution of this measure of restraint for a lighter one, custody may be extended:
1) up to four months – upon motion agreed with the prosecutor who supervises legality of proceedings conducted by inquiry and pre-trial investigation agencies, or by such prosecutor himself/ herself or by the judge of the court which made the decision to impose the measure of restraint;
2) up to nine months – upon motion agreed with the Deputy Prosecutor General of Ukraine, prosecutor of the Autonomous Republic of Crimea, oblast, cities of Kyiv and Sevastopol and prosecutors assimilated to them, or by such prosecutor himself/ herself in cases related to crimes of grave and especially grave severity, by the justice of the Court of Appeals;
3) up to eighteen months – upon motion agreed with the Prosecutor - General of Ukraine, his/her deputy or by such prosecutor himself/ herself in very complicated cases related to crimes of grave and especially grave severity, by a justice of High Civil and Criminal Court of Ukraine.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 13

MEASURES OF RESTRAINT

Article 165. General provisions concerning the way in which a measure of restraint is imposed, revoked, and altered

Measure of restraint in the form of committing to custody shall be imposed only upon a motivated decision of the judge or ruling of the court. Other measures of restraint are enforced upon decision of the inquiry agency, investigator, prosecutor, judge or upon court’s ruling.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 14

INTERROGATING A WITNESS AND A VICTIM

Article 167. Interrogating a witness

If the witness came for interrogation with the defense counsel, the defense counsel is entitled to be present during the interrogation; to give advice to the witness in the presence of the investigator, if the actual circumstances of the case can be used to prosecute witness personally or his/her family members or close relatives; to ask questions with the permission of the investigator, which should be entered on the record of interrogation to clarify and supplement his/her answers; to object to the illegal actions of the investigator concerning his/her conduction of interrogation with reference to the rule of law which is violated, that is to be included into the record of interrogation; to challenge actions of the investigator in the manner prescribed by this Code, if the nature and content of the questions shows that the witness should be interrogated as a suspect.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 20

COMPLETING PRE-TRIAL INVESTIGATION

Article 219. Defense counsel’s rights during reviewing all records of the case

Defense counsel of the accused, when reviewing records of the case, shall have the right to: take notes, have confidential meeting with his/her client, advise the accused of the substance of charges, discuss the issue of filing petitions with the accused, produce evidence, propose challenges, challenge investigator and prosecutor’s actions and decisions.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 261. Equal rights of parties to trial

The prosecution (prosecutor, victim, civil plaintiff and their representatives) and the defense (defendant, defense counsel and legal representative, civil defendant and his/her representative) enjoy equal rights to propose disqualifications and motions, produce evidence, participate in examination thereof and prove cogency of evidence, speak in debates, challenge court’s decisions.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 262. Participation of the defendant in trial

Trial court considers the case in the presence of the defendant whose appearance in court is necessarily required.
In the absence of the defendant, the case may be considered only on exceptional basis:
1) when the defendant stays outside the limits of Ukraine and evades appearing in court;
2) if the defendant requests that his/her case related to crime which may not be punished with confinement be considered in his/her absence. However, if so, the court may find that defendant’s appearance is necessarily required.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 263. Defendant’s rights during trial

In court session, the defendant has the right to:
1) propose disqualifications;
1-1) collegiate trial of the case in instances specified by law;
2) have a defense counsel or to defend himself/ herself;
3) submit petitions and express his/her opinion with regard to petitions of other participants to trial;
4) produce evidence, request that the court attach documents to the records of the case, cite witnesses, assign expert examination and direct to submit other proofs;
5) give testimonies as to the merits of the case at any time during trial examination or waive giving testimonies and answering questions;
6) request that the court announce evidence available in the case;
7) put questions to other defendants, witnesses, expert, specialist, victim, civil plaintiff, and civil defendant;
8) participate in the examination of exhibits, inspection of scene of crime, and documents;
9) speak in court pleadings;
10) address the court with final statement.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 266. Defense counsel’s participation in trial

Defense counsel assists the defendant in his/her realizing his/her rights and in defending his/her lawful interests. Defense counsel has the right to meet the defendant, participate in examination of evidence, file petitions with court to request obtaining and attaching new evidence to records of the case, such evidence acquitting the defendant or mitigating his/ her liability, lodge other petitions, express his/her opinion with regard to petitions lodged by other participants to trial.

Defense counsel participates in court pleadings and expresses his/her opinion with regard to importance of verified evidence for the case, to the presence of circumstances which acquit the defendant or mitigate his/her liability, as well as states his/her considerations in respect of application of criminal statute to, and sanction against, the defendant.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 24

TRIAL GENERAL PROVISIONS

Article 272. Measures to be taken against violators of the routine of court session

If the defendant breaks order in court session or disobeys requests of the presiding judge, the latter warns the defendant that, if he/she continues in the same way, he/she will be removed from the courtroom. If the defendant repeats his/her undue behavior in court session, he/she can be removed from the courtroom temporarily or for the whole trial upon court’s decision. In such a case, the judgment pronounced is immediately read out to the defendant.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 298. Explaining the substance of charges to the defendant

After reading out documents referred to in Article 297 of the present Code, presiding judge explains to the defendant – and if there are several defendants to each of them – the substance of charges and asks him/her (them) if they understand the charges brought and if they plead guilty and if they are willing to testify. If a civil claim was brought in the case, presiding judge asks the defendant and civil defendant whether they agree with the claim

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 303. Examining a witness

Throughout the entire examination of the witness by participants to trial, the court may ask the witness questions to clarify and supplement his/her answers.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 303. Examining a witness

Defendant and participants to trial may ask the witness questions.

Section III

PROCEEDINGS IN TRIAL COURT

Chapter 26

EXAMINATION DURING TRIAL

Article 304. Additional examination or re-examination of a witness

Each participant to trial may ask witness additional questions in order to clarify or supplement answers given to questions of other persons.

Every witness may be additionally examined or re-examined in the presence of other witnesses who have been already examined or during confrontation.

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 459. Features of participation of the defender in the course of surrender of the person (extradition)

The body of inquiry, which has detained such person, can appoint the defender in cases and according to the procedure, provided by this Code, through bar association. The requirement on appointment of the defender is binding for the head of bar association.

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 460. Features of participation of the translator in the course of surrender of the person (extradition)

At any stage of surrender of the person (extradition) body of inquiry which has detained such person, the court or body which carries out extradition check, can engage the translator if such person does not know language by which proceedings are carried out, or there is a necessity for providing of translation of documents.

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 463. Extradition arrest

Upon the complaint of the person against whom temporary arrest is applied, his defender or the lawful representative the judge of jurisdiction the person is holding in custody checks out existence of the bases for discharging of such person not more than once in a month.

If the maximum term of extradition arrest provided by paragraph 7 of this article expires, and a question concerning surrender of the person (extradition) and its actual surrender is not solved by the central body, the person shall be immediately discharged.

Discharging of the person from extradition arrest by the court does not interfere with its reapplication for the purpose of actual surrender of the person to foreign state for execution of the decision on surrender except as otherwise provided by the international treaty of Ukraine.

In case of discharging of the person by the court, the public prosecutor in oblast or his deputy by agreement with the corresponding central body passes ruling on application of other necessary measures aimed at prevention of flight of the person and providing of his surrender.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.