Ukraine

Code of Criminal Procedure of Ukraine

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.

Keywords

Fair trial standards
Rights during investigation - informed of belief that crime has been committed
Rights during investigation - questioned in presence of counsel



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