Publication date: 09.05.2024
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.
In the Criminal Procedure Code (CPC) of Ukraine, the takeover of criminal proceedings is defined as the process of transferring competence to investigate a specific criminal case from an authority of one state to an authorized body of another state. It is important that such transitions are carried out correctly and in accordance with all procedural requirements to ensure a fair and effective consideration of the criminal case. Accordingly, there are two cases in which adoption is relevant: an appeal by the competent authorities of Ukraine to foreign states and an appeal by the competent authorities of Ukraine on a petition for adoption.
The transfer of criminal proceedings to the competent authority of another state can be carried out through the mechanisms of international legal assistance in criminal matters. These mechanisms typically include legal assistance agreements between countries, as well as international conventions and agreements relating to justice and criminal law.
The main steps in the procedure for taking over criminal proceedings may include:
Contacting the competent authority: An authority wishing to transfer criminal proceedings usually contacts the competent authority of another state through established channels of communication.
Submission of a request for legal assistance: Typically, the competent authority must submit a formal request for legal assistance, which specifies the reason for the transfer of criminal proceedings, the necessary information about the case and other details.
Decision-making by the competent authority: The competent authority of another state considers the request for legal assistance, evaluates it and makes a decision on its satisfaction. If the request meets all the requirements, the competent authority may decide to transfer criminal proceedings.
Execution of transfer of criminal proceedings: Once a decision on transfer is made, the competent authority begins to implement this decision in accordance with the domestic law and procedural practice of its state.
Ukraine's takeover of criminal proceedings generally occurs in accordance with procedures established by the Criminal Procedure Code of Ukraine and international agreements. The main stages of such imitation may include:
Appeal to the competent authorities: The procedure for Ukraine to take over criminal proceedings begins with an appeal to the central authorities regarding international legal assistance, namely the Ministry of Justice of Ukraine and the Office of the Prosecutor General. The appeal is made through a petition, which must meet the requirements of international treaties and reservations made by Ukraine.
Verification of documents and case materials: The competent authority considering the request for adoption checks the compliance of the documents and case materials with the requirements of the law. This may include checking the reliability of evidence, the legality of detention and other aspects. It is important that the existence of conditions for imitation is established, namely: the act in respect of which the request was submitted must be recognized as criminally unlawful and according to the Criminal Code of Ukraine, a person is not extradited if he is a citizen of Ukraine or such extradition is impossible in accordance with international treaties, a foreign state provided guarantees that if a person is prosecuted in Ukraine, the requesting party will not accuse such person for the same offense.
Decision-making: if a decision is made to accept the proceedings, the competent authority of Ukraine entrusts the implementation of the pre-trial investigation to the prosecutor and informs the authority of the foreign state that made the request about this. In turn, the prosecutor forwards the received materials to the pre-trial investigation body, taking into account the rules of jurisdiction.
Implementation of the decision to take over: After the decision is made, the competent authorities begin to carry out the procedures provided for the further consideration of criminal proceedings. In particular, a pre-trial investigation is carried out taking into account the specifics established by the Code of Criminal Procedure and international treaties.
These procedures are generally carried out in accordance with the principles of fairness, legality and international human rights standards. When criminal proceedings are taken over through international mechanisms such as legal assistance agreements, it is also important to comply with the procedures established by these agreements.
Consultation with a lawyer at different stages of the process:
A criminal lawyer will play an exceptional role at each stage of criminal proceedings. In particular, a criminal lawyer will collect evidence, participate in investigative actions, appeal against the actions, inactions of the investigator, prosecutor, conduct a legal analysis of the situation and analyze documents. Also, a lawyer's consultation will determine and implement a defense strategy, prepare procedural documents and provide reliable protection to the client.
