'Appeal relating to a decision granting or denying release of the person being investigated or prosecuted - national proceedings' in document 'Ukraine - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 10

INQUIRY

Article 106. Apprehension of the suspect by inquiry agency

Prosecutor, the person in whose respect the decision was taken or his/her defense counsel or legal representative may challenge judge’s decision by way of appeal within seven days from the day on which such decision has been taken. Filing the appeal does not affect execution of court’s decision.