Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 52-1. Ensuring security of persons who participate in criminal proceedings

If a real threat to life, health, home, or property is present, persons who participate in criminal proceedings are entitled to have their security ensured.
With appropriate grounds present, the following persons have the right to have their security ensured:
1) person who reported the crime to a law enforcement authority or otherwise participated in detecting, preventing, suppressing, and resolving a crime or assisted therein;
2) victim or his/her representative in the criminal case;
3) suspect, the accused, defense counsels, and legal representatives;
4) civil plaintiff, civil defendant, and their representatives in the case related to compensation of damage caused as a result of crime;
5) witness;
6) expert, specialist, translator, and attesting witness;
7) family members and close relatives of the persons refereed to in subparagraphs 1-6 of the present Article if there are attempts to exert influence on the participants to criminal proceedings through the use of threats or any other illegal actions.
The inquiry agency, investigator, prosecutor, or court, having received the application or communication that security of the person referred to in the paragraph 2 of the present Article is threatened, are required to verify such application (communication) and, within three days, and in urgent situations – immediately, to take decision to enforce or deny measures of security. Dependently on what decision has been taken, they pass a motivated decision or ruling and refer it to the authority in charge of enforcing measures of security.
Such decision or ruling is binding upon the said authority.
The authority in charge of enforcing measures of security establishes the list of required measures and ways of enforcing the same being guided by specific circumstances and the need to eliminate the threat present. The person under protection is informed on measures of security chosen, modalities of their enforcement, and rules for the use of documents and property issued to ensure security.
If the application (communication) about a threat to the person referred to in paragraph 2 of the present Article contains information on a crime, the inquiry agency, investigator, prosecutor, court or judge takes, as prescribed in Articles 94, 98, and 99 of the present Code ( 1002-05 ), decision on instituting or denying instituting criminal proceedings or on referring the application (communication) to the competent authority.
The applicant is immediately informed on the decision taken.
The authority in charge of enforcing measures of security informs in writing the inquiry agency, investigator, prosecutor, court or judge who conducts proceedings in the case about measures taken and their results.
(Article 52-1 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).


Article 52-2. Rights and duties of persons in whose respect measures of security are enforced

Persons under protection may:
1) submit application for measures of security or for their recall;
2) be aware of what measures of security are enforced to them;
3) request that the inquiry agency, investigator, prosecutor, court takes additional measures of security or recall measure being enforced;
4) challenge illegal decisions or acts by authorities in charge of measures of security in a higher authority, prosecutor, or court.
Persons under protection are required to:
1) respect conditions under which measures of security are enforced and legal requests of authorities in charge of security measures;
2) immediately inform the said authorities on each threat or illegal actions against them;
3) dispose of the property and documents issued to them in temporary possession by the authority in charge of security measures with full respect for rules established by law. (Article 52-2 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).


Article 52-3. Non-disclosure of information on the person in whose respect security measures are
carried out

Non-disclosure of information on the person under protection may be ensured through limiting information thereon in materials of verification (applications, explanations, etc.), as well as in records of investigative actions and of court sessions. The inquiry agency, investigator, prosecutor, court (judge), having made a decision to enforce security measures, takes a motivated decision, ruling to change first name, last name and patronymic of the protected person for a pseudonym. Thereafter, only this pseudonym is mentioned in procedural documents while real first name, last name and patronymic (year, month, and place of birth, family status, place of employment, occupation, or position held, place of residence, and other biographical particulars containing information on the protected person) are mentioned only in the decision (ruling) on the change of biographical particulars. Such decision (ruling) is not attached to the records of the case and is kept separately by the authority which conducts proceedings in criminal case. If first name, last name and patronymic of the protected person are changed for a pseudonym, records of investigative actions and other documents containing real particulars of such person are removed from records of the case and kept separately while copies of such documents with real name changed for the pseudonym are attached to records of the case.
Information on security measures and protected persons constitutes information with restricted access. Provisions of paragraph 2 of Article 48, of Articles 217 – 219 and 255 of the present Code (1003-05) do not apply to documents containing such information. (Article 52-3 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000, as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).


Article 52-4. The way in which security measures are recalled

Security measures may be recalled in connection with expiration of the period for which a specific security measure has been enforced; elimination of the threat to life, health, home and property of protected persons; systematic neglect of lawful requests of the authority in charge of security measures by the person under protection if the latter was warned about the possibility of such recall.
The following may be the ground for recalling security measures enforced to participants of criminal proceedings, their family members, and close relatives: application of the participant to criminal proceedings, his family member or close relative in whose respect security measures have been enforced; receipt of reliable information that the threat to life, health, home and property of the said persons has been eliminated.
With the sufficient grounds for recalling security measures present, the inquiry agency, investigator, prosecutor, court (judge) makes a motivated decision or ruling to recall such measures.
Decision to recall security measures is brought to the notice of the persons in whose respect such measures have been enforced, in written within one day.
(Article 52-4 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).


Article 52-5. Challenging decisions to deny the enforcement of security measures or to recall the same

Decision of the inquiry agency or investigator to deny the enforcement of security measures or to recall the same may be challenged with the appropriate prosecutor or local court in the place where the case is prosecuted.
The judge immediately considers the challenge and records of the case, if necessary hears the inquirer, investigator, opinion of the prosecutor and thereafter, dependently upon grounds for making such a decision, takes decision to enforce measures of security or recall the same or deny the same.
Judge’s decision to dismiss the challenge may be appealed against before the court of appeals within three days after such decision has been made.

Section I

GENERAL PROVISIONS

Chapter 5

EVIDENCE

Article 68. Testimonies of witnesses

Every person who is known as being aware of circumstances related to the case may be summoned to appear as witness.
A witness may be questioned about circumstances to be established in a given case, inclusive of facts which characterize the personality of the accused or suspect and his/her relationship therewith.
Information reported by a witness from unknown source may not be evidence. If testimonies of a witness are based on communications by other individuals, such individuals should be questioned either.
(Article 68 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).


Article 69. Persons who may not be examined as witnesses and persons who have the right to waive testifying as witnesses

The following persons may not be examined as witnesses:
1) lawyers and other specialists in law who are legally entitled to provide legal assistance in person or upon power of attorney of a legal person; notaries, doctors, psychologists, clergymen – about what came to their knowledge in the discharge of professional activities unless the person who entrusted them such information has released them from the duty to keep professional secrets;
2) defense counsel of the suspect, accused, defendant, representative of the victim, plaintiff, civil defendant – about circumstances which came to their knowledge during the provision of legal assistance to their clients;
3) persons who, in accordance with forensic psychiatric or forensic medical examination, may not correctly perceive facts which have probative value and give testimonies about the same because of their physical or mental disabilities;
4) witness who, under Article 52-3 of the present Code, testifies under a pseudonym – about his/ her real details;
5) a person in possession of information o real details on the witness who, under Article 52-3 of the present Code, testifies under a pseudonym – about such information.

The following persons may waive testifying as witnesses:
1) family member, close relatives, persons adopted by, and adopters of, the suspect, accused, defendant;
2) a person who, with his/her testimonies, would incriminated himself/herself, his/her family members, close relatives, the adopted person, adopter in having committed a crime. Without their consent, may not be examined as witnesses the persons who enjoy diplomatic immunities, as well as members of diplomatic missions – without consent of the diplomatic representative.

The inquirer, investigator, prosecutor, and court, before examining persons referred to in the first and second paragraphs of the present Article, are required to advice them of the right to waive testifying, which is entered into the record of examination or court records. (Article 69 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 3780-XII (3780-12) of 23.12.93, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).


Article 69-1. Witness’s rights

A witness has the following rights:
1) testify in mother language or any other language he/she speaks fluently and take advantage of a translator;
2) disqualify translator;
3) know in connection with what and in which case he/she is examined;
4) enter his/her testimonies in the record of examination with his/her own hand; 4-1) to chose his/her own free will defense counsel during the examination or other investigative actions conducted with his/her participation according to this Code and other legal assistance under the procedure prescribed by law, and to refuse from defense counsel invited by him/her.
Defense counsel may be invited by witness, his/her legal representative and other persons at his/her request or with his/her consent;
5) draw upon notes and documents when testifying if testimonies relate to calculations and other data which are difficult for him/her to keep in mind;
6) to refuse to give testimony concerning himself/herself, family members and close relatives, and if he/she cannot freely without undue restrictions receive legal assistance in the amount and form as he/she requires including invitation of a defense counsel;
7) review record of examination and solicit introducing changes and comments therein, to enter such amendments and comments with his/her own hand;
8) file complaints against actions by the inquirer and investigator with the prosecutor;
9) be compensated expenses incurred as a result of the summon to testify.
With appropriate grounds present, a witness has the right to his/her security be ensured through enforcing measures specified by law and in accordance with procedure established in Articles 52-1 to 52-5 of the present Code.
(Article 69-1 is added by Law No 1381-XIV (1381-14) of 13.01.2000, Article 69-1 as amended by Law No2395-VI ( 2395-17 ) of 01.07.2010).


Article 70. Witness’s duties

A person summoned by the inquiry agency, investigator, prosecutor, or court as witness is required to appear in the designated place and time and give true testimonies about circumstances he/she knows.
Whenever a witness does not appear without valid reasons, the inquiry agency, investigator, prosecutor, or court may enforce compulsory appearance under law through Interior agencies as prescribed in Articles 135 and 136 of the present Code.
In case provided for in the second paragraph of the present Article, the court may also impose a fine on the witness in the amount up to a half of the minimum wage. The court decides on the fine in court session when considering the case in whose relation the witness was summoned. The issue of fine can be decided in another court session in the presence of such witness. Witness’s non-appearance without valid reasons does not preclude considering the issue of fine imposition.
(Article 70 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No No 6834-X ( 6834-10 ) of 16.04.84, No 8627-X ( 8627-10 ) of 20.03.85, by Law No 2857-12 of 15.12.92 ).


Article 71. Witness’s liability

The witness is criminally liable under Article 384 of the Criminal Code of Ukraine for giving knowingly misleading testimonies.
For willful evasion to appear before court, pre-trial investigation agencies or inquiry agencies, the witness is liable under Article 185-3, first paragraph, or Article 185-4 of the Code of Administrative Offenses of Ukraine (80731-10) while, for refusal to give testimonies about circumstances known to him/her, - under Article 385 of the Criminal Code of Ukraine. (Article 71 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 9166-XI ( 9166-11 ) of 04.05.90, by Law No 2670-III
( 2670-14 ) of 12.07.2001 ).

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 136. Compulsory appearance under law

Compulsory appearance under law of the accused is ensured by Interior agencies and Military Justice Service of the Military Forces of Ukraine (with regard to servicemen and civil employees of the Military Forces of Ukraine) upon a motivated decision of the investigator. Save exceptional circumstances, compulsory appearance under law of the accused is ensured during daytime.
Compulsory appearance under law of the accused without pre-trial summons may be applied only if the accused avoids investigation or does not have a permanent place of residence. Decision on the compulsory appearance under law is read out to the accused before its enforcement.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 139. Retrieval of the accused

Investigator draws up a decision on the retrieval of the accused in which he/she states required information on the wanted person. Decision on the retrieval and imposition of a measure of restraint is directed to appropriate detective agencies.

After announcing retrieval, investigator continues taking all necessary measures to find out
the place of stay of the accused.

After having apprehended the wanted accused in whose respect keeping in custody as a measure of restraint was imposed, detective agency immediately informs thereon the prosecutor in the place of apprehension. The prosecutor is required to verify within 24 hours whether the apprehended person is really the one who is wanted and, after making himself/ herself sure that grounds for the arrest do exist, issues a sanction to convoy the arrested person to place where investigation is conducted.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 143. Interrogation of the accused

Investigator is required to interrogate the accused immediately after his/her appearance or compulsory appearance under law and in any case not later than 24 hours after charges have been brought.

Interrogation of the accused, save exceptional circumstances, should be conducted in daytime.

A defense counsel may be present during interrogation upon the consent of the accused and, in cases referred to in Article 45 of the present Code, defense counsel’s presence is mandatory.

The accused is interrogated in the place where pre-trial investigation is conducted and, if necessary, - in the place where the accused stays.

Several accused are interrogated separately. In such a case, investigator should take measures so that the persons accused in one and the same case could not communicate among them.

At the beginning of interrogation, investigator asks the accused whether he/she pleads guilty of charges brought and then invites him/her give testimonies in respect of merits of charges.

Investigator hears testimonies of the accused and, if necessary, asks him/her questions. It is not permitted to ask questions containing a reply, a part of reply, or prompting a reply (leading questions).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 13

MEASURES OF RESTRAINT

Article 155. Taking in custody

Taking in custody as a measure of restraint is imposed in cases related to crimes punishable with deprivation of liberty for more than three years. In exceptional cases, this measure of restraint may by ordered in cases related to crimes punishable with deprivation of liberty for less than three years.
(Paragraph 2 of Article 155 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).
Persons in whose respect taking in custody is imposed as a measure of restraint are kept in places of detention pending trial, i.e. pre-trial detention centers. In some cases, these persons may be kept in places for apprehended persons.
Places of detention pending trial for servicemen in whose respect taking in custody is imposed as a measure of restraint shall be military detention facilities of the Military Justice Service of the Armed Forces of Ukraine or pre-trial detention centers. Servicemen are kept
in such centers or military detention facilities of the Military Justice Service of the Armed Forces of Ukraine upon investigator’s decision. In some cases, servicemen may be kept in places for apprehended persons.
In places for apprehended persons, those taken in custody may be kept for not more than three days. If delivery of imprisoned persons in pre-trial detention center or military detention facility of the Military Justice Service of the Armed Forces of Ukraine is impossible within this time limit because of the long distance or lack of appropriate roads, they may be kept in places for apprehended persons up to 10 days.
If taking in custody as a measure of restraint is imposed on the person who has committed a crime during serving his/her sentence in a penitentiary institution, such person may be kept in the disciplinary isolation ward or sweat cell of the penitentiary institution.
Procedure for preliminary imprisonment is prescribed by Law of Ukraine “On preliminary imprisonment” (3352-12) and the present Code.
(Article 155 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada of 10.09.62, No 117-VIII ( 117-08 ) of 30.08.71, No 1898-VIII ( 1898-08 ) of 23.07.73, No 3130-VIII ( 3130-08 ) of 14.10.74, No 1851-IX ( 1851-09 ) of 23.03.77, No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2468-XII ( 2468-12 ) of 17.06.92, No 2935-XII ( 2935-12 ) of 26.01.93, No 282/95-ВР ( 282/95-ВР ) of 11.07.95, No 210/98-ВР ( 210/98-ВР ) of 24.03.98, No 1945-III ( 1945-14 ) of 14.09.2000, No 2533-III
2533-14 ) of 21.06.2001 – effective from 29.06.2001, No 488-IV ( 488-15 ) of 06.02.2003, No 743-IV (743-15 ) of 15.05.2003, No 2377-IV ( 2377-15 ) of 20.01.2005 ).


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.
In every case, when it is impossible to complete full investigation of the case within time-limits referred to in the first and second paragraphs of the present Article and if there are no grounds for the substitution of the measure of restraint, the prosecutor who observes legality of proceedings in the case concerned may give his/her consent to refer the case to court in terms of charges proved. If so, as long as crimes and episodes of criminal activities which have not been investigated are concerned, the case is subject to disjoinder and is conducted according to regular procedure under the requirements stipulated in Article 26 of this Code.
A custody period is computed since taking in custody or, if apprehension of a suspect preceded taking in custody, since apprehension. The time a person stays in a psychiatric institution for in-hospital expert examination is credited to custody period. Whenever a person is re-taken in custody in the same case, as well as in connection with the case which has been disjoined from, or joined to, his/her case, or if new charges have been brought, the custody period includes previous custody period.
Custody periods at the stage of pre-trial investigation terminate the day on which the court has received the case. Whenever the prosecutor withdraws the case from court under Article 232 of the present Code, duration of these periods is renewed starting the day on which the prosecutor has received the case.
Records of a criminal case in which investigation has been completed should be produced to the accused that is committed to custody and his/her defense counsel at least one month before the expiration of the maximum custody period specified in the second paragraph of the present Article.
If records of the criminal case were produced to the accused and his/her defense counsel in disrespect of the one month time-limit before the expiration of the custody period as prescribed in the second paragraph of the present Article, after its expiration, the accused is subject to be promptly released. In such a case, the accused and his/her defense counsel
are entitled to review records of the case.
If records of the criminal case were produced to the accused and his/her defense counsel within one month time-limit, before the expiration of the custody period, but this time was insufficient for reviewing records of the case, the said custody period may be extended by a judge of the Court of Appeals upon investigator’s motion as agreed with the Prosecutor General of Ukraine or his/her deputy, or upon motion of this prosecutor or his/her deputy. If several accused who are kept in custody are involved in the case, and if the time-limit referred to in the sixth paragraph of the present Article is insufficient for at least one of them for reviewing records of the case, the said motion may be introduced in respect of the accused or several accused who have already reviewed records of the case unless such measure of restraint as custody is necessary in their respect and unless grounds for
imposing another measure of restraint exist.
If the court reminds the case to the prosecutor for supplementary investigation, custody period of the accused is computed since the case has been received by the prosecutor and it may not exceed two months. The said period is extended further with consideration of the time the accused was kept in custody before the case was referred to court, according to the procedure and within the limits prescribed in the second paragraph of the present Article.
Whenever a custody period as a measure of restraint referred to in the first and second paragraphs of the present Article has expired, and if this period has not been extended as prescribed in the present Code, the inquiry agency, investigator, prosecutor is required to immediately release the person from custody.
The chief of the place of detention pending trial is required to promptly release from custody the accused if the detention facility has not received, as of the day of expiration of custody periods referred to in the first, second, and sixth paragraphs of the present Article, the judge’s decision on the extension of custody periods. In such a case, he forwards an appropriate notice to the official or agency conducting proceedings in the case and to the appropriate prosecutor who supervises the investigation.

(Article 156 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, No 8595-XI ( 8595-11 ) of 29.12.89, as revised by Law
No 1960-XII ( 1960-12 ) of 10.12.91, as amended by Laws No 2857-XII ( 2857-12 ) of 15.12.92, No 3351-XII ( 3351-12 ) of 30.06.93; as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001; as amended by Law No 658-IV ( 658-15 ) of 03.04.2003, No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001, No 2453-VI
( 2453-17 ) of 07.07.2010 – changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work – from 01.11.2010)


(Article 157 is omitted by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001)


Article 158. Enforcement of the decision to commit to custody as a measure of restraint

Decision to commit to custody as a measure of restraint is enforced by the agency which imposed this measure of restraint. If necessary, the agency which imposed this measure of restraint may assign execution of this decision to Interior agencies. One copy of the judge’s decision or court’s ruling is forwarded together with the arrested person to the place of detention pending trial for execution.

(Article 158 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001)


Article 159. Taking care of underage children of the arrested person

If a person taken into custody has underage children who are thus left without care, investigator is required to promptly make a submission to the Service in charge of juveniles so that the latter takes necessary measures to commit the said juvenile children to the care of relatives or to place them in a child care institution.
The investigator informs the prosecutor and the arrested person on measures taken and attaches a copy of such submission to records of the case.

(Article 159 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 117-VIII (
117-08 ) of 30.08.71, by Law No 2670-III ( 2670-14 ) of 12.07.2001, No 609-V ( 609-16 ) of 07.02.2007).


Article 160. Protection of prisoner’s property

When imprisoning a suspect or the accused, investigator is required to take measures to protect the property and home of prisoner if the property and home remain without care.


Article 161. Notice of custody

Investigator is required to promptly notify the spouse or any other relative and the place of employment of the suspect or the accused that he/she has been committed to custody and the place where he/she is kept.
Where the accused is an alien, the decision to arrest is sent to the Ministry of Foreign Affairs of Ukraine.

(Article 161 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).


Article 162. Visits to the arrested person

Visits of relatives or other persons to the arrested person may be allowed by the official or agency conducting proceedings in the case. Visits may last from one to four hours. A visit may be allowed once per month.
The issues related to visits of relatives or other persons to a person in whose respect detention or extradition arrest is imposed as a measure of restraint is considered by an agency conducting extradition inspection.

(Article 162 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 117-VIII ( 117-08 ) of 30.08.71, by Law No 488-IV (488-15) of 06.02.2003, No 2286-VI
( 2286-17 ) of 21.05.2010).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 13

MEASURES OF RESTRAINT

Article 165-2. The way in which a measure of restraint is ordered

If the inquiry agency, investigator finds that probable cause exists to believe that grounds for ordering a measure of restraint in the form of custody exist, he/she submits an appropriate motion to court. Prosecutor may enter such motion either. When deciding this matter, the prosecutor shall have the duty to review all records of the case which give grounds for committing to custody, verify how legally proofs were obtained, as well as how sufficient such proofs are for the accusation.

The motion should be considered within seventy two hours after the suspect or accused has been apprehended.

If the motion aims at taking into custody a person who is at large, judge may authorize, in his/her decision, apprehending the suspect, accused and his/her bringing to court under guard. In this case, the apprehension may not exceed 72 hours; and, if a person is outside the settlement in which the court operates – the period of detention may not exceed 48 hours since delivering the person concerned into this settlement.

Having received the motion, the judge, reviews records of criminal case as submitted by the inquiry, investigator, prosecutor, questions the suspect or the accused, if necessary takes explanations from the person who conducts proceedings in the case, hears opinion of the prosecutor, defense counsel if he/she has appeared, and thereafter takes a decision:
1) to deny imposing the measure of restraint if there no grounds for ordering such measure of restraint;
2) to order the measure of restraint in the form of custody against the suspect, accused. The court may take a decision on imposing custody as a measure of restraint in the absence of the concerned person only it the person is put on the international wanted list. In such cases, the court decides on ordering the measure of restraint in the form of custody or denies to impose such measure after a concerned person has been apprehended and within 48 hours from the moment of brining the person into court and in presence of the concerned person, and issues a corresponding ruling.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 14

INTERROGATING A WITNESS AND A VICTIM

Article 166. Summoning a witness for interrogation

A witness is summoned to appear before investigator by a notice paper which is served to the witness against his/her signed acknowledgment, and if the witness is temporary unavailable, the notice paper is served to any adult family member, to housing maintenance organization, executive committee of the village or settlement council of people’s deputies or administration in the place of his/her employment. The witness may be summoned also by telegram or telephone message.

The notice paper should state who is summoned as witness, where he/she is summoned, who summons the witness, day and time of appearance, implications of non-appearance, referred to in Articles 70 and 71 of the present Code.

An underage witness is summoned through his/her legal representatives.

(Article 166 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).


Article 167. Interrogating a witness

A witness may be interrogated about facts related to the given case, as well as about the person of the suspect or the accused and victim.

The witness should be interrogated in the place where pre-trial investigation is conducted and, if necessary, in the place of his/her stay.

The witness is interrogated separately from other witnesses. Investigator takes measures so that other summoned witnesses in the case do not communicate one with another before interrogation has ended.

Before proceeding to interrogation, investigator establishes the person of the witness, explains him/her in what case he/she is summoned, and admonishes him/her of the duty to tell everything he/she knows in the case, as well as advises the witness of criminal liability for refusal to testify and for knowingly misleading testimonies. Thereafter, investigator finds out relationship between the witness and the suspect or accused and the victim and starts the interrogation. After the witness has ended testifying, investigator asks him/her questions. It is not permitted to ask questions containing a reply, a part of reply, or prompting a reply (leading questions).

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.

(Article 167 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84; by Law No 1833-III (1833-14 of 22.06.2000, No 2395-VI
( 2395-17 ) of 01.07.2010 ).


Article 168. Interrogating an underage witness

A witness under 14 years and, upon investigator’s discretion, under 16 years is interrogated in accordance with Article 167 of the present Code in the presence of a pedagogue and, if necessary, a doctor, parents or any other legal representatives of the underage witness. Before interrogation, the above mentioned persons are advised of their duty to be present during interrogation and of their right to make comments and, upon investigator’s authorization, ask the witness questions. Questions legal representatives, pedagogue, or doctor ask the witness, are entered in the record of interrogation. Investigator may dismiss a question but such question should be entered in the record.

The witness who has not attained 16 years is advised of his/her duty to tell only the truth but he/she is not admonished of criminal liability for refusal to testify and for knowingly misleading testimonies.


Article 169. Interrogating a dumb or deaf witness

A dumb or deaf witness is interrogated in accordance with Article 167 of the present Code with the involvement of the person who understands the witness. Participation of such a person in the interrogation is reflected in the record.


Article 170. Record of witness’s interrogation

A record of witness’s interrogation is drawn up in accordance with Article 85 of the present Code. In addition, the record of interrogation states: last name, first name, and patronymic of the witness; his/her age; nationality, ethic origin, education, place of employment, occupation or position, place of residence, and information on his/her relationship with the accused and victim.

The record should contain a note that the witness was advised of his/her rights, duties, and liability for refusal to testify and for knowingly misleading testimonies. Testimonies given by the witness and answers to questions are narrated in the grammatical category of the 1st person singular and, as far as possible, word-by-word.

Upon his/her request, the witness can be given the possibility to handwrite his/her testimonies in the presence of investigator, and an appropriate entry is made thereon in the record.

After interrogation has been completed, investigator produces the record to the witness for review.

Upon request of the witness, investigator reads out the record to the witness. The witness and persons who were present during interrogation may request supplementing the record and introducing amendments therein. Such supplements and amendments should necessarily be entered in the record by the investigator.

The witness, investigator, and persons who were present during interrogation sign the
record. If the record is written on several pages, the witness signs each page thereof.

(Article 170 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 15

CONFRONTATION, PRESENTATION FOR IDENTIFICATION

Article 174. Presenting a person for identification

When it is necessary to present a person for identification by a witness, victim, accused, or suspect, investigator first questions them about appearance and characteristic signs of such person and about circumstances under which the identifying person saw the person concerned, and then draws up a record of interrogation.

If a witness or victim identifies the person, the former is admonished of criminal liability for knowingly misleading testimonies while the witness is also warned about criminal liability for refusal to testify.

The person to be identified is presented to the identifying person together with other individual of the same sex and in number not less that three persons who don’t have sharp differences in the appearance and outwear.

Prior to present the person concerned for identification, such person is invited to take a place among other persons to be presented. The identifying person is asked to point at the person he/she should identify and explain by which signs he/she has identified him/her.

On exceptional basis, when it is necessary to ensure protection of the identifying person, identification may be conducted out of visual observation of the person to be identified, in accordance with provisions of the present Article. The person who was presented for identification should be necessarily informed on the result of identification.

In case of need, identification may be conducted by photos in accordance with provisions of the present Article.

A person is presented for identification in the presence of two attesting witnesses at least. When identification is conducted according to the fourth paragraph of the present Article, attesting witnesses should make sure that identification out of visual observation of the person to be identified is really possible and they should attest such identification.

(Article 174 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).


Article 175. Presenting objects for identification

If it is necessary to present an object for identification, investigator first asks the identifying person about characteristic signs of this object, as well as about circumstances under which the identifying individual saw this object and draws up a record of interrogation.

Whenever the identifying individual is a victim, the latter is warned about criminal liability for knowingly misleading testimonies while the witness is admonished of criminal liability for refusal to testify.

The object to be identified is shown to the identifying person among other similar objects. The identifying individual is invited to point at the object which he/she is supposed to identify, and to explain by which signs he/she has identified the object concerned.

Objects are produced for identification in the presence of two attesting witnesses at least. As far as practically possible, objects presented for identification should be photographed.


Article 176. Record of identification

A record of identification of a person or an object and of identification results is drawn up as prescribed in Article 85 of the present Code. Such record should also contain information on the person of the identifying individual and that the latter has been admonished of criminal liability for refusal to testify and for knowingly misleading testimonies. The record should further state details of persons and objects being presented for identification and characteristic signs by which the identifying individual has identified the person or the object concerned.

If identification is conducted in accordance with rules specified in the fourth paragraph of Article 174
of the present Code, the record, in addition to information required by the present Article, should necessarily state that identification was made out of visual observation of the person to be identified, as well as narrate all circumstances and conditions under which such identification was conducted.

The record is signed by all persons who participated in the identification, attesting witnesses, and investigator. The record is attached photos if persons or objects presented for identification have been photographed.

(Article 176 as amended by Law No 1381-XIV (1381-14) of 13.01. 2000).

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 16

SEARCH AND REMOVAL

Article 177. Grounds for search and authorization thereof

Search is conducted when probable cause exists to believe that crime instrument, illegally obtained goods and valuables, as well as other objects and documents of importance for establishing the truth in a case or securing a civil claim remain in a certain premise or place or are kept by a person.

Search is also conducted when there are sufficient data that wanted persons, dead bodies or animals stay in a certain premise or place.

Search is conducted upon motivated decision of the investigator or upon prosecutor or his/ her deputy’s sanction, except home or any other possession of a person.

In urgent cases, a search, except home or any other possession of a person may be conducted without prosecutor’s sanction but with further information submitted to the prosecutor within 24 hours about the search conducted and its results.

Home or any other possession of a person, except urgent cases, is conducted only upon a motivated decision of a judge. When it is necessary to conduct a search, investigator, upon prosecutor’s consent, files an appropriate request with the court in the place where investigation is conducted.

The judge appointed according to the procedure prescribed in paragraph 3 of Article 16-2 of this Code promptly considers the request and records of the case and, if necessary, hears investigator, prosecutor and, with sufficient grounds present, takes a decision to conduct the search or dismisses the request for search. Judge’s decision to conduct a search may not be challenged. Judge’s decision to dismiss the request for search may be challenged by the prosecutor before the Court of Appeals within three days from the date of the decision.

In urgent cases, when it comes to saving life and property or to hot pursuit of the persons suspected of having committed a crime, the home or any other possession of a person may be searched without judge’s decision. In such cases, the record should state reasons for the search without judge’s decision. Investigator forwards a copy of the search record to the prosecutor within 24 hours after this action has been conducted.

(Article 177 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001, as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 – amendments regarding introduction of automated electronic document management system in courts shall come into force on 01.01.2011, and changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work – from 01.11.2010).


Article 178. Grounds for removal and authorization thereof

Removal is conducted when there is accurate information that objects or documents of importance for the case remain with a certain person or in a certain place.

Removal is conducted upon motivated decision of the investigator.

Documents containing state and/or bank secret may be removed only upon motivated decision of judge and in the way agreed with head of the institution concerned.

Compulsory removal under law from a home or any other possession of a person, as well as removal of a document relating to final process is conducted only upon judge’s motivated decision which should be made in accordance with Article 177, fifth paragraph, of the present Code.

(Article 178 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001; as amended by Laws No 2922-III ( 2922-14 ) of 10.01.2002, No 2252-IV ( 2252-15 ) of 16.12.2004, No 3538-IV ( 3538-15 ) of 15.03.2006, No 1940-VI ( 1940-17 ) of 04.03.2010).


Article 179. Objects and documents should necessarily be produced (delivered)

Officials and citizens may not refuse producing or delivering documents or copies thereof or any other objects requested by investigator during search or removal.

Documents containing state and/ or bank secret are delivered and inspected in compliance with rules which ensure protection of state and/ or bank secret.

(Article 179 as amended by Law No 2922-III (2922-14) of 10.01.2002, No 1940-VI ( 1940-17 ) of 04.03.2010).


Article 180. Time when search and removal are conducted

Searches and removals, except urgent cases, should be conducted in daytime. Article 181. Persons in whose presence search and removal are conducted

Search and removal are conducted in the presence of two attesting witnesses and the tenant of the premise concerned and, in the absence of the latter, - in the presence of a representative of housing maintenance organization or local council of people’s deputies. Search and removal in premises occupied by enterprises, institutions, and organizations are conducted in the presence of their representatives. During search, as far as possible, there should be present the person whose premise is searched or full age member of his/her family and, if necessary, the victim.

Persons whose premise is searched, attesting witnesses, and appropriate representatives should be advised of their right to be present during all actions conducted by investigator and make statements in connection with such actions; these statements should be entered in the record.

(Article 181 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).


Article 182. Conditions for search and removal in premises of diplomatic missions

In premises occupied by diplomatic missions, as well as in premises where members of diplomatic missions and their families who enjoy diplomatic immunities live, search and removal may be conducted only upon consent of the diplomatic representative.

Consent of diplomatic representatives for search and removal is sought through the Ministry of Foreign Affairs of Ukraine.

Search and removal in the said premises are necessarily conducted in the presence of a prosecutor and Foreign Ministry’s representative.


Article 183. The way in which search and removal are conducted

Before the search or removal, investigator produces the decision to the persons who occupy the premise concerned or to representative of the enterprise, institution, or organization where search or removal is conducted and suggests that they deliver objects or documents named in the decision, as well as show the place where the wanted criminal hides. If they refuse satisfying investigator’s request, investigator conducts coercive search or removal. Whenever persons who occupy the premise concerned are unavailable, decision to conduct search or removal is produced to a representative of the housing maintenance organization or local council of people’s deputies, and search or removal is conducted in their presence. When conducting search, investigator shall have the power to open closed premises and repositories if the owner refuses opening them. In so doing, investigator should avoid causing unnecessary damage to doors, locks, and other objects.

Investigator may prohibit persons who are present in the premise during the search or removal, as well as persons who entered the premise during search or removal from leaving the premise and communicating one with another till the search or removal has been completed.

If necessary, investigator shall have the right to invite members of Interior and required specialists to participate in the search.

(Article 183 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada of 18.01.66, No 6834-X ( 6834-10 ) of 16.04.84).


Article 184. Searching a person and removing objects and documents therefrom

With grounds referred to in Article 177, first paragraph, of the present Code present and in view of removing objects and documents which can have probative value and are kept by a certain person, investigator may conduct a search of person and remove such objects or documents therefrom.

The person is searched and objects and documents are removed therefrom as prescribed in Article 177 and 178 of the present Code.

The person may be searched and objects and documents removed therefrom without an appropriate decision in the following cases:
1) when a suspect is physically captured by officials authorized thereto if probable cause exists to believe that the apprehended person has a weapon on him/her or any other objects which endanger surrounding people or attempts to free himself/ herself from proofs which incriminate him/her or any other person whatsoever in the commission of crime;
2) upon apprehension of a suspect;
3) upon committing a suspect, accused to custody;
4) with sufficient grounds present to believe that the person - who is in the premise where a coercive search or removal is conducted – hides objects or documents on him/her which are of importance for establishing the truth in the case.

Persons who participate in the conduct of these investigative actions should be of the same sex as the person who is being searched.

Search of an officer who is on active list of an intelligence agency of Ukraine in line of his/ her duty shall be conducted in the presence of official representatives of such agency.

(Article 184 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001; as modified by Law No 3111-III (3111-14) of 07.03.2002).


Article 185. Non-disclosure of circumstances related to private life of persons searched

During search or removal, investigator shall have the duty to take measures to prevent any disclosure of circumstances related to private life of persons searched and of other persons who live or temporary stay in this premise.


Article 186. Seizing objects and documents

During search or removal, only objects and documents of importance for the case, as well as valuables and property of the accused or suspect may be seized in order to secure the civil claim or possible forfeiture of asset. Objects and documents which were seized from circulation under law are subject to seizure irrespective of their relationship with the case. Investigator should present all documents and objects to be seized to attesting witnesses and other persons present and list such documents and objects in the record of search or removal or in inventory attached thereto stating their name, number, seize, weight, material they are produced of, and individual signs. If necessary, objects and documents seized should be packed and sealed in the place where search or removal is conducted.

The copies of seized documents at the request of the owner and other persons who are entitled under the law to use these documents may be given to the investigator during the seizure of documents. Copies of seized documents are made using copiers, electronic equipment of these persons (with their consent), or copiers, electronic equipment of the agencies that carry out seizure, and should be confirmed by the signature of the investigator and certified with seal.
If it is impossible to make copies of seized documents or identify their owner during the seizure the investigator enters on the record of investigative proceeding the requests for copies of documents and within ten days after the seizure of documents gives copies to the appropriate persons or gives reasoned refusal to give the copies of documents which can be appealed against to the prosecutor or the court.

(Article 186 as amended by Laws No 807-VI ( 807-17 ) of 25.12.2008)


Article 187. Arresting correspondence and reading out information from communications channels

Correspondence may be arrested and information read out from communication channels only if probable cause exists to believe that letters, telegraph and other correspondence of the suspect or accused to other persons or from other persons to the suspect or accused, as well as information they exchange through telecommunication facilities contain data
relating to the crime committed or documents and objects having probative value and unless it is impossible to obtain such information otherwise.

Correspondence which may be arrested includes letters of all types, postal packets, parcels, postal containers, postal money orders, telegrams, radiograms, etc.

Correspondence may be arrested and information read out from communication channels in view of preventing a crime prior to instituting criminal proceedings.

With grounds referred to in paragraph 1 of this Article present, investigator, upon agreement with prosecutor, applies to the president of the Court of Appeals in the place where investigation is conducted for ordering arrest on the correspondence or reading out information from communication channels. President of the Court of Appeals or his/her deputy considers the motion, reviews records of the case, if necessary hears investigator, hears prosecutor’s opinion and thereafter, with grounds for taking such a decision present, passes a ruling to order the arrest of correspondence or the reading out of information from communication channels or to dismiss such motion. This decision may not be challenged and prosecutor may not file any complaint against it.

Decision to arrest correspondence should state the criminal case and grounds for conducting such investigative actions, last name, first name, and patronymic of the person whose correspondence will be intercepted, accurate address of such person, types of postal telegraph items to be arrested, period of arrest, name of telecommunication agency charged with intercepting correspondence and informing investigator thereon.

Decision to read out information from communication channels should state the criminal case and grounds for conducting such investigative actions, last name, first name, and patronymic of the person from whose channels information will be read out, accurate address of such person, types of channels, reading out period, name of agency charged with reading out information and informing investigator thereon.

Decision to arrest correspondence or read out information from communication channels is forwarded by investigator to the head of the appropriate agency and is binding thereon. Head of the appropriate agency intercepts correspondence or reads out information from communication channels and informs investigator thereon within 24 hours.

Arrest on correspondence is revoked while reading out information from communication channels terminated after the expiration of the period fixed for the conduct of such investigative actions by judge’s decision. Investigator revokes the arrest of correspondence or terminates reading out information from communication channels whenever such measures are no longer needed, upon dismissal of the criminal case or referral to prosecutor as prescribed in Article 255 of the present Code.
Decision is taken in a manner to ensure non-disclosure of details of pre-trial investigation or
operational-detective operations.

(Article 187 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84; as revised by Law No 2533-III ( 2533-14 ) of 21.06.2001 - eff. 29.06.2001, as amended by Law No 2670-III ( 2670-14 ) of 12.07.2001, No 2533-III
( 2533-14 ) of 21.06.2001 – effective from 29.06.2001, No 2453-VI ( 2453-17 ) of 07.07.2010 –changes to the procedure of execution of power by the Supreme court of Ukraine and High Civil and Criminal Court of Ukraine come into force after High Civil and Criminal Court of Ukraine starts its work – from 01.11.2010 ).


Article 187-1. Inspection and removal of the correspondence and examination of information read out
from communication channels

Correspondence is inspected in the telecommunication agency upon court’s decision in the presence of attesting witnesses from among employees of this agency and, in case of need, with participation of a specialist. In the presence of the said individuals, investigator opens and inspects intercepted correspondence.

Should documents or objects having probative value be found, investigator conducts removal of the correspondence concerned or limits himself/herself to making copies from the messages concerned. In the absence of documents or objects having probative value, investigator instructs to deliver the correspondence inspected to the addressee or to keep it till the date he/she fixes.

Investigator draws up a record of each occurrence of inspecting, removing or keeping the correspondence. The record shall necessarily state which kind of messages have been inspected, what has been removed therefrom and what should be delivered to the addressee or temporarily kept and from what messages copies have been made. Examination of information read out from communications channels, if necessary, is conducted with involvement of a specialist. Investigator listens or otherwise analyzes contents of the information obtained and draws up a record thereon. In case of detection of data having probative value, the record should reproduce the appropriate part of recording and thereafter investigator by his/her decision finds the medium of information obtained as a proof and attaches it to records of the case.

(Article 187-1 is added by Law No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001).


Article 188. Record of search and removal

Investigator draws up a record of search or removal in two copies in compliance with Article 85 of the present Code. The record states grounds for search or removal; premise or other place where search or removal has been conducted; the person liable to search or removal; investigator’s actions and search or removal results. In respect of each object which is subject to seizure, there should be stated where exactly such object was found and under which circumstances.

All statements and comments made by those present during search or removal with regard to investigator’s actions should be entered in the search or removal record. Both copies of the record and description of objects seized are signed by investigator, the person in whose premise search or removal was conducted and persons who were present during search or removal.


Article 189. A copy of the record of search or removal should be necessarily handed over

The second copy of the record of search or removal and the second copy of object description is
handed over to the person in whose premise search or removal was conducted and in the absence of the latter – to the representative of housing maintenance organization or local council of people’s deputies.

When search or removal is conducted at an enterprise, institution, or organization, the second copy of the record and description is handed over to the representative of enterprise, institution, or organization concerned.

If the record contains comments on wrong actions during the search, investigator informs the prosecutor who supervises investigation thereon within two days.

(Article 189 as amended by virtue of the Decree of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84).

Section IX

SURRENDER OF THE PERSON (EXTRADITION)

Chapter 37

SURRENDER OF THE PERSON (EXTRADITION)

Article 463. Extradition arrest

After receipt of request of the competent body of foreign state on surrender of the person by order (application) of the central body, the public prosecutor files petition on extradition arrest of such person to court in which jurisdiction the person is holding in custody.

Besides the petition the following documents are submitted to court:
1) a copy of request of the competent body of foreign state on surrender of the person (extradition), certified by the central body;
2) documents on citizenship of the person;
3) available materials of extradition check.

Materials, submitted to the court, shall be translated into state language or other language provided by the international treaty of Ukraine.

After reception of petition the judge establishes identity of the person, proposes him to make the statement, checks out request on surrender and available materials of extradition check, hears the opinion of the public prosecutor, other participants and passes resolution on:
1) application extradition arrest;
2) refusal in application of extradition arrest if for its choosing there are no bases. Considering the petition the judge does not examine question on culpability and does not check legality of the procedural decisions passed by the competent bodies of foreign state in the case against the person the request on surrender is received for.

The resolution of the judge can be appealed by the public prosecutor, the person against whom temporary arrest is applied, his defender or the lawful representative before the court of appeal within three days from the date of passing of the resolution. Appeal against the resolution of the judge does not cease entry into force of such resolution and its execution. The ruling of the court of appeal is not subject to appeal; it can not be appealed by cassation petition of the public prosecutor.

Extradition arrest is applied to the decision of a question on surrender of the person (extradition) and his actual transfer, but cannot be more than eighteen months. Within this term the judge of jurisdiction the person is holding in custody checks out existence of the bases for further holding of the person in custody or for discharging of such person upon the petition of the public prosecutor at least once in two months.

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.

Such measures shall be sufficient to guarantee the possibility of execution of decision on surrender of the person (extradition), and can provide, in particular, bail, establishment of restrictions for movement of the person and the control over the place of stay of such person. Application of bail and establishment of restrictions for movement of the person are carried out according to the procedure provided by articles 981, 151 and 154-1 of this Code, taking into account features of this title.

The public prosecutor in oblast or his deputy notifies the person against whom resolution is passed, his defender or the lawful representative on passing the resolution.

The public prosecutor in oblast or his deputy can be charged by body of inquiry with execution of resolution.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.