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Conviction and punishment: the Ukrainian judicial system in criminal cases

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PREMIUM 39.12
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Миколаєнко Олена
Lawyer
Ukraine / Kyiv
Миколаєнко Олена

i

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Publication date: 28.04.2024

Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law

The Ukrainian criminal justice system plays a key role in ensuring the rule of law and protecting the rights of citizens. Convictions and sentences are determined by the courts based on a thorough review of substantiated evidence and in accordance with Ukrainian law.

 

The Ukrainian judiciary pays particular attention to criminal cases, as they involve serious violations of the law that can have a significant impact on the security and stability of society. Courts deal with a wide range of criminal cases, from minor offences to serious crimes such as murder, robbery, and corruption.

 

The criminal justice process involves several key steps that are crucial to ensuring fairness and legality. First, it is important to ensure that every defendant is entitled to a fair and open trial. This means that all parties have the right to a defence and can present their case before the court.

The second important step is to ensure that the court is independent and impartial. This requires judges to be neutral in their approach to the circumstances of the case and to abandon any preconceptions. Such an approach ensures a high level of trust in the judicial system and guarantees fairness for all parties to the process.

 

In addition, it is important that the court's decision is based on objective evidence and complies with the requirements of the law. Courts have the right to freely determine guilt and impose appropriate punishment in accordance with established standards. At the same time, it is important to adhere to the principle of proportionality, according to which the severity of the punishment should be commensurate with the importance and circumstances of the offence.

 

The conviction process begins with the collection of evidence of the offence by law enforcement agencies. This stage requires an objective and unimpeded investigation of the event to ensure a fair trial. After that, the case is submitted to the court for consideration.

 

The Ukrainian judicial system is based on the principles of independence and objectivity. The courts consider each case individually, taking into account all the circumstances of the offence and the positions of the parties. During the trial, it is important to adhere to the principle of presumption of innocence, according to which everyone is presumed innocent until proven guilty in accordance with the law.

 

A judicial conviction occurs only if the guilt of the accused is convincing on the basis of the evidence collected. The court makes a reasoned decision and imposes a sentence, which may include various types of punishment, such as imprisonment, fines, or other measures in accordance with the law.

In case of disagreement with the court's decision, the parties have the right to appeal to higher authorities. This provides an opportunity to review the case and ensures that the principle of fair trial is respected.

 

A lawyer plays a major role in criminal cases, viz:  lawyer's representation in court, analysis, defense in court, protection of dignity, legal proceedings, and other. 

 

In general, Ukraine's judicial system in criminal cases is determined by fairness, legality, and independence. It aims to ensure the protection of the rights and freedoms of every citizen and to preserve law and order in society.

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