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Publication date: 11.04.2024
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.
The completion of the pre-trial investigation is an important stage in the criminal process, which represents the work of law enforcement agencies to collect evidence and establish the circumstances of crime. After collecting all the necessary evidence, law enforcement agencies make decisions about completing the pre-trial investigation and inform the party about the completion of the investigation and have the opportunity to get acquainted with the materials of the investigation. Delivery to station. 290 of the Criminal Procedure Code of Ukraine (CPC) regulates the procedure for disclosing criminal investigation materials to another party. The main provisions of this statute establish the following rules:
The right to become familiar with the materials: The party has the right to become familiar with the materials of the criminal investigation as they stand.
Procedure for withholding materials: The defense party may deny access to materials through its lawyer or other authorized representative. Materials may be released after the investigation is completed and filed before the court.
Restricted access: Access to certain materials may be restricted depending on the presence of information in them, such as government, government, commercial or other secrets, as well as information that may be identified during the investigation.
Secure disclosure of information: The party is obliged not to disclose information obtained from criminal investigation materials, such as to establish a service, commercial or other secret place, and to vikoryize those between the two countries. Minal provadzhenya. Also, Article 290 of the CPC transfers the right of parties to knowledge of criminal investigation materials and establishes rules of exchange for the benefit of this process, which directly protects the rights and interests of participants in the process and efficiency and investigation.
Confirmation of the fact of provision of materials: From this point of view, it should be noted that the legislation does not establish a clear form of document that confirms the fact of granting access to the party to the materials of the pre-trial investigation, but is indicated here Please be in writing form. At the time of transfer of stolen materials to a person, a protocol may be created that records the fact of transfer, the date and time, as well as the person who received the materials and the designated name of materials that are being opened.
Analysis of the violation of the right to acquaint the defense with the materials of the pre-trial investigation:
Since the defense party is not given access to the materials of the pre-trial investigation, this may violate the principles of a fair trial and violate the rights of the accused to effective defense in accordance with international standards of human rights. In this case, it is necessary to consult a lawyer. Ukrainian criminal legislation, as defined by the provisions of the CPC, guarantees the right to protection and the right to defend the protection of legal materials. The defendant has the right to become aware of the materials that may be relevant to the accused, and to protect them in the future. If the accused party violated the right to become familiar with the materials, then the court has no right to allow all the information contained in them to be included as evidence. Moreover, giving the parties access to criminal investigation materials is an important aspect of ensuring a fair trial and upholding the principles of human rights.
Consultation with a lawyer on criminal law during the process of analysis of documents:
A criminal lawyer is of utmost importance at all stages of the process. A criminal lawyer, in addition to collecting valid evidence, also becomes aware of the materials on which the accused is charged, conducts a legal analysis of the situation and, on the basis of which, forms his legal document. This stage is extremely important, and knowledge of the materials is a key aspect of achieving success in court. The issue of inadmissibility of evidence can also gain relevance, as a criminal defense lawyer will voice during the hour of trial proceedings.
