Section II
INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION
Chapter 10
INQUIRY
Article 106. Apprehension of the suspect by inquiry agency
Inquiry agency may apprehend a person suspected of having committed a crime for which confinement can be imposed only if one of the following grounds is present:
1) a person has been caught during the commission of crime or immediately after it has been committed;
2) eyewitnesses, including victims, expressly state that the given person is the perpetrator of crime;
3) obvious traces of crime have been found at the person concerned or his/her clothes, in his/her home.
With other particulars giving grounds for suspicion of the commission of crime present, the person concerned may be apprehended only if this person tried to escape or if he/she does not have a place of permanent residence, or if the personality of the suspect has not been established.
Inquiry agency is required to draw up a record of every apprehension, such record stating grounds, motives, date, hour, year, month, place of apprehension, explanations of the apprehended person, time when the record of explanation to the suspect, as prescribed in paragraph 2 of Article 21 of the present Code, of his/her right to have a visit of a defense counsel upon apprehension was drawn up.
The record is signed by the officer who drew it up and the apprehended person.
A copy of the record with the list of rights and duties is immediately handed over to the apprehended person and sent to the prosecutor. Records which gave ground for the apprehension are also sent to the prosecutor upon request of the latter.
The inquiry agency promptly notifies apprehension of the persons suspected of having committed a crime to one of his/her relatives while apprehension of an officer who is on active list of an intelligence agency of Ukraine in his/her line of duty is also immediately reported to the appropriate intelligence 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.
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.
The suspect may not be detained for more than seventy two hours.
If judge’s decision to place the apprehended person in custody or to release him/her does not reach the place of custody pending trial within time-limit prescribed by law, the head of the place of custody pending trial releases the apprehended person and draws up an appropriate record thereof and notifies the official or agency which conducted apprehension thereof.
Provisional arrest
Arrest
Surrender
Arrest for national proceedings
Provisional arrest for national proceedings
EDIT.