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Publication date: 07.05.2024
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.
Compliance with court decisions in criminal proceedings in Ukraine is mandatory and subject to special rules and procedures. Once a judgment, sentence or determination comes into force in criminal proceedings, it must be carried out in accordance with the requirements of the law. The organization of execution of court decisions in criminal cases depends on their nature. If the decision provides for a penalty of imprisonment, enforcement is usually entrusted to the correctional services. These services are responsible for ensuring the execution of sentences and monitoring those subject to punishment. If a court decision provides for material compensation or other payments, execution may be carried out through enforcement services, which have the right, along with other measures, to apply seizure of property or other enforcement measures.
The entry into force of a decision as a prerequisite for implementation:
In criminal proceedings, the entry of a court decision into legal force is a necessary condition for its execution. After a court decision, sentence or ruling has entered into legal force, it becomes binding on all parties involved in the criminal process.
If a court sentence provides for punishment, such as imprisonment or other types of punishment, then the penal authorities are responsible for its execution. They exercise control over the defendants subject to execution of the sentence. In general, a sentence or ruling comes into force only after the period for appeal has expired (for a sentence - 30 days). If the decision was not overturned on appeal, then the wool comes into force after the appellate court makes the corresponding decision, that is, from the moment of proclamation.
The order of execution of the solution:
a court decision that has entered into legal force is usually enforced no later than three days from the date it enters into legal force or the return of the materials of criminal proceedings to the court of first instance from the court of appeal or cassation or the Supreme Court.
This means that when the decision becomes final (enters into legal force), or when the case is returned to the trial court for execution after consideration by the appellate or cassation courts, the enforcement process begins. This means that the penitentiary services or other competent authorities take the necessary actions to execute the court decision.
It is important to note that in cases where a judgment is returned to the trial court for a new trial, the enforcement process may be delayed as the case must go through a new trial. However, after the case is returned to the court of first instance, the court decision, which has entered into legal force, continues to be in effect, and the enforcement process will need to be initiated again.
Analysis of the features of the execution of certain types of punishments in criminal proceedings:
National legislation establishes various features of the implementation of various types of punishments. For example, for different types of criminal penalties (such as imprisonment, restriction of freedom, fines, etc.), differences may be established in the application procedure, duration, conditions of execution, possibilities for dismissal and other aspects.
Fine. If punishment in the form of a fine was chosen, then it is paid by the convicted person within a month after the sentence has entered into legal force. After payment, you must notify the criminal-executive inspection and provide documents confirming payment of the fine.
Correctional work. The sentence is carried out within 10 days from the date it enters into legal force. Punishment will be carried out at enterprises, institutions or organizations at the place of work of the convicted person.
Service restrictions for military personnel. A copy of the court verdict is provided to the military commander who is sentenced to this type of punishment. In turn, the unit commander issues an order in which he determines the amount of deductions from the salary and the period during which promotion in rank will not be applied and the period that will not be counted towards length of service. Within 3 days, the commander notifies the court about the execution of the sentence.
Confiscation of property. To execute this punishment, the court sends a letter of execution, a description of the property and a copy of the verdict to the state executor. Accordingly, the confiscation itself will be carried out by the executor at the location of the property in accordance with the requirements of the law.
Consultation with a lawyer at different stages of proceedings:
The legal opinion of a lawyer plays a very important role at all stages of the process. During the pre-trial investigation, a criminal lawyer will collect evidence, accompany his client during investigative actions, appeal against the illegal actions of the prosecution, and conduct a legal analysis of the situation. At the stage of judicial proceedings, a criminal lawyer will implement a defense strategy, represent the interests of the client, and prepare procedural documents.
