Publication date: 15.07.2024
Rights and obligations of foreigners in criminal proceedings
Introduction
Ensuring human rights is one of the basic principles of the rule of law. In criminal proceedings, these principles are of particular importance as they relate to fundamental human rights and freedoms. The rights and obligations of foreigners in criminal proceedings are an important topic that requires a detailed consideration in view of their specificity and international nature. In this article, we will consider the main rights and obligations of foreigners involved in criminal proceedings in Ukraine, including their rights to defence, an interpreter, consular assistance, and their obligation to comply with Ukrainian law.
Legal framework
The main legislative acts regulating the rights and obligations of foreigners in criminal proceedings in Ukraine are the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", international treaties ratified by Ukraine, and by-laws. According to these acts, foreigners staying on the territory of Ukraine have the same rights and freedoms as Ukrainian citizens, with the exceptions provided for by law.
Rights of foreigners in criminal proceedings
The right to defence
Foreigners, like Ukrainian citizens, have the right to defence in criminal proceedings. This right includes the possibility to have a defence counsel at all stages of criminal proceedings, to meet with him/her in private, and to receive consultations and other legal assistance. A defence counsel may be a lawyer or other person who has the right to provide defence in accordance with the law. Foreigners have the right to choose a defence counsel on their own or to apply to the authorities providing free legal aid.
The right to an interpreter
An important right of foreigners in criminal proceedings is the right to an interpreter. This right is guaranteed by the Criminal Procedure Code of Ukraine and provides for the provision of an interpreter for foreigners who do not speak Ukrainian. The interpreter ensures that the foreigner can fully understand all procedural actions, documents and case materials, as well as participate in court hearings. The cost of an interpreter in criminal proceedings is borne by the state.
The right to consular assistance
Foreigners detained or arrested on the territory of Ukraine have the right to consular assistance. This right provides for the possibility of notifying the consular office of their country of detention or arrest, as well as the possibility of receiving assistance from consular officials. Consular offices can provide legal assistance, help protect the rights of foreigners, and participate in court hearings as observers.
The right to a fair trial
Foreigners have the right to a fair trial, which includes the right to an independent and impartial tribunal, the right to a trial within a reasonable time, the right to access to court and other procedural rights. This right is guaranteed by the Constitution of Ukraine and international treaties to which Ukraine is a party. Foreigners have the right to a fair trial regardless of their legal status in Ukraine.
The right to humane treatment
Foreigners in detention facilities have the right to humane treatment and protection from torture, inhuman or degrading treatment. This right is guaranteed by the Constitution of Ukraine, the Criminal Procedure Code of Ukraine and international treaties to which Ukraine is a party. The state is obliged to ensure proper conditions of detention, medical care and protection of human rights.
Responsibilities of foreigners in criminal proceedings
Compliance with Ukrainian legislation
Foreigners staying on the territory of Ukraine are obliged to comply with the laws of Ukraine. This includes both criminal and administrative, civil and other branches of law. In case of committing a criminal offence, foreigners are subject to criminal liability on the general grounds provided for by the Criminal Code of Ukraine.
Fulfilment of procedural obligations
Foreigners who are participants in criminal proceedings are obliged to fulfil procedural obligations stipulated by the Criminal Procedure Code of Ukraine. This includes the obligation to appear when summoned by the investigator, prosecutor or court, to give truthful testimony, to provide the necessary documents and evidence, and to perform other procedural actions. In case of failure to comply with procedural obligations, foreigners may be held liable.
Cooperation with law enforcement agencies
Foreigners are obliged to cooperate with law enforcement agencies in criminal proceedings. This includes providing information, testimony, participating in investigative actions and other procedural activities. Cooperation with law enforcement agencies is an important component of ensuring effective investigation of criminal offences and protection of victims' rights.
Examples of court cases
Case of providing an interpreter to a foreign suspect
In this case, a foreigner suspected of committing a criminal offence filed a complaint against the absence of an interpreter during the investigation. The court, having considered the complaint, found that the violation of the right to an interpreter had resulted in the inability to fully defend the suspect. The court ordered the pre-trial investigation authorities to provide an interpreter and re-conduct investigative actions with his participation.
The case of the right to consular assistance
In this case, a foreigner detained on suspicion of committing a criminal offence filed a complaint that he had not been informed of his right to consular assistance. The court, having considered the complaint, found that the violation of the right to consular assistance was a significant violation of the suspect's rights. The court ordered the law enforcement authorities to notify the consular post of the detention and to allow the consular officer to meet with the suspect.
Case on humane treatment of a foreigner in a place of detention
In this case, a foreigner in a detention facility filed a complaint about inhumane conditions of detention and lack of medical care. The court, having considered the complaint, found that the conditions of detention did indeed violate human rights and did not meet international standards. The court ordered the administration of the detention facility to ensure proper conditions of detention and provide medical care to the applicant.
Conclusion.
Ensuring the rights of foreigners in criminal proceedings is an important aspect of Ukraine's legal system, which aims to comply with international human rights standards and ensure a fair trial. Foreigners have the same rights and obligations as Ukrainian citizens and can rely on the protection of their rights in case of their violation. An important element is the further improvement of legislation and its application to ensure an effective and fair criminal process, which will contribute to the strengthening of the rule of law and increase confidence in the judicial system of Ukraine.
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