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Publication date: 22.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Simplified proceedings in the criminal process
Simplified proceedings in the criminal process in Ukraine are aimed at optimizing and speeding up the consideration of cases, which allows to reduce costs and save time. Simplified proceedings help reduce the burden on courts and law enforcement agencies, which is especially important in conditions of a high volume of criminal cases. It also improves access to justice, ensuring faster processing of cases and more prompt protection of citizens' rights. Thus, simplified proceedings are an effective tool for increasing the efficiency of the criminal process, optimizing costs and ensuring the efficiency of justice.
Question
To which cases can the simplified procedure be applied?
Answer
Usually, summary proceedings are applied to cases that do not have significant factual or legal complications, that is, in the case of an accusation of committing a misdemeanor, or in cases where there is clear guilt of the accused and there are no disputes about the circumstances of the case.
Question
What are the advantages of simplified proceedings?
Answer
Simplified proceedings allow to reduce the costs of the state for the maintenance of the court process. This includes the costs of the court apparatus, procedural costs. Simplified proceedings allow shortening the time frame for consideration of the indictment to five days. This ensures that a verdict is reached more quickly and contributes to a more prompt completion of criminal proceedings. A speedy trial brings the parties closer to the end of the criminal process, which reduces the uncertainty and stress associated with a lengthy trial.
Conditions of application of simplified proceedings:
Simplified proceedings in criminal proceedings in Ukraine are applied in the presence of certain legal facts. The law defines these conditions, which ensure the possibility of using a simplified procedure for consideration of criminal cases. The main legal facts, which are grounds for the application of simplified proceedings, include:
- A simplified proceeding may be applied in the presence of a petition of the prosecutor or investigator, which must be agreed with the prosecutor. This indicates that the prosecution believes that the case meets the criteria for a summary trial and that such a trial will be effective.
- The accused must unequivocally admit his guilt in committing a criminal offense. This means that he or she does not dispute the facts that were established during the pre-trial investigation and agrees with the prosecution.
- The accused does not dispute the circumstances established by the pre-trial investigation. This is important for simplifying the process, as there will be no need for detailed consideration of evidence and establishment of facts at the court hearing.
- The accused must agree to consider the indictment without his personal participation in the court session. This usually happens in cases where the accused has no objection to the case being tried in his absence, which can speed up the process.
- The victim of a criminal misdemeanor has no objections to the application of simplified proceedings. If the victim supports the simplified procedure, it facilitates its application and avoids delays.
Procedural features of simplified proceedings:
Articles 381 and 382 of the Criminal Procedure Code of Ukraine (CPC of Ukraine) regulate the procedure for consideration of criminal cases based on indictments relating to criminal misdemeanors and provide for two main alternatives for trial. Here are more details about these procedures:
- The court has the right to appoint consideration of the indictment in a court session and summon all participants in the criminal proceedings, if it deems it necessary. This may be due to the specifics of a specific proceeding, for example, the need to interrogate witnesses, listen to participants' explanations, or other factors that require the presence of persons at the meeting. The court must assess whether it is possible to make a legal, justified and reasoned decision without conducting a trial in a court session and in the absence of participants.
- The court may consider the indictment without holding a court session and in the absence of the participants in the criminal proceedings, if the accused does not dispute the circumstances established during the inquiry and agrees to consider the indictment without his personal presence. The accused must unequivocally admit his guilt, not dispute the facts established by the pre-trial investigation, and agree to the consideration of the indictment without personal participation in the court session.
- After receiving the indictment, the court must schedule a trial within five days. If a person is detained, the term may be shortened in accordance with part four of Article 298-2 of the Criminal Code of Ukraine, which provides for special conditions for such situations. The appointment of a trial must be urgent to ensure prompt resolution of the case and respect for the rights of the participants in the criminal proceedings.
Assistance of a lawyer in criminal proceedings:
Lawyer online assistance plays a key role in criminal proceedings, providing comprehensive assistance to the client at all stages of the process. Its functions cover a variety of aspects, including legal protection, advice, representation in court and assistance in negotiations. Here is a detailed description of assistance in criminal proceedings:
Lawyer's consultation and legal analysis of the situation: The lawyer informs the client about his rights and obligations, explains the possible consequences of various decisions and actions that can be taken within the framework of the criminal process. An online lawyer analyzes the circumstances of the case, checks the validity of the charges, evaluates the strengths and weaknesses of the evidence and develops a analysis strategy, prepares a legal opinion, and analysis of documents. 
Legal opinion of a lawyer: The written consultation of the lawyer ensures that the client's rights are respected during interrogations by the investigator or prosecutor, preventing possible violations of rights and improper obtaining of evidence. A lawyer legal analysis can file complaints about the actions of investigators, for example, about illegal searches or arrests that may violate the client's rights.
Participation in investigative actions: A lawyer may participate in investigative actions, such as searches, interrogations, to ensure that they are conducted within the limits of the law and without violating the client's rights. A lawyer's consultation helps in gathering and recording evidence that can prove the client's innocence or mitigate the charges.
Bargaining: The lawyer helps the client understand the consequences of entering into a plea agreement, represents his interests in negotiations with the prosecutor and checks the terms of the agreement. Review of documents by a lawyer can also contribute to reaching a settlement agreement with the victim, if it is possible and beneficial for the client. The lawyer's help online develops a defense strategy based on the available evidence and the circumstances of the case, including a plan of action at the court hearing.
Simplified proceedings help reduce the burden on courts and law enforcement agencies, which is especially important in conditions of a high volume of criminal cases. It also improves access to justice, ensuring faster processing of cases and more prompt protection of citizens' rights. Thus, simplified proceedings are an effective tool for increasing the efficiency of the criminal process, optimizing costs and ensuring the efficiency of justice.
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