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Publication date: 21.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Criminal proceedings in Ukraine are regulated by numerous legislative acts, the main of which is the Criminal Procedure Code of Ukraine (CPC). One of the central figures in criminal proceedings is the suspect, who has a number of rights and obligations that ensure his or her protection and fair trial. In this article, we will consider the main rights and obligations of a suspect in Ukrainian criminal proceedings.
Suspect's rights
The right to defence
Choice of defence counsel: A suspect has the right to a defence counsel from the moment of detention, serving of a notice of suspicion or the beginning of the first interrogation. The defence counsel may be a lawyer or another person who has the right to provide defence.
Personal participation in the process: The suspect has the right to personally participate in all investigative actions and court hearings, submit evidence, file motions, and appeal against the actions and decisions of the investigator, prosecutor, and court.
Right to information
Notification of suspicion: A suspect has the right to be notified in a timely manner of a suspicion, indicating the nature of the offence charged.
Acquaintance with the case file: The suspect has the right to be familiarised with the case file, in particular, after the pre-trial investigation is completed.\
Right to language protection
The suspect has the right to use his/her native language or a language he/she understands, and to receive free assistance from an interpreter if he/she does not speak the language of the proceedings.
Right to appeal
The suspect has the right to appeal against the actions, decisions, and inaction of the investigator, prosecutor, and court. This includes the right to appeal and cassation against court decisions.
The right to security
The suspect has the right to ensure his or her safety and the safety of his or her family members in case of threat. This right includes the possibility of applying for state protection measures.
The right to medical care
A suspect has the right to receive adequate medical care, especially in cases of arrest or detention.
Duties of the suspect
- Appearance when summoned: The suspect is obliged to appear when summoned by the investigator, prosecutor, or court. Failure to comply with this obligation may result in the use of compulsory attendance.
- Immediate notification of change of residence: The suspect is obliged to notify the investigator, prosecutor, or court of any change in his or her place of residence or stay.
- Compliance with the chosen preventive measures: If a preventive measure is imposed, the suspect is obliged to comply with its conditions, such as not leaving a certain place, reporting changes of location, wearing an electronic bracelet, etc.
- Non-interference with investigative actions: The suspect has no right to obstruct investigative actions, in particular, to refuse to participate in investigative experiments, searches, seizures, etc.
- Compliance with the rules of conduct in court: The suspect is obliged to comply with the established rules of conduct during court hearings, including respect for the court, participants in the process and the procedure for conducting court hearings.
- Ensuring the rights of a suspect: A number of mechanisms ensure that the rights of a suspect are respected: Defence counsel (Every suspect has the right to free legal aid if they are unable to provide their own defence counsel), Judicial control (The court monitors the observance of the suspect's rights at all stages of the criminal process, including pre-trial investigation and trial).
Procedural guarantees
The CPC of Ukraine provides for numerous procedural guarantees, such as the right to language protection, the mandatory participation of a defence counsel in cases provided for by law, the right to medical assistance, etc.
International standards
Ukrainian legislation is focused on compliance with international human rights standards, including those of the European Court of Human Rights.
Висновок
The rights and obligations of a suspect in criminal proceedings are fundamental to ensuring fairness and the rule of law. Protecting the rights of a suspect not only guarantees the legitimacy of the process, but also prevents possible abuses by law enforcement agencies. The duties of a suspect, in turn, contribute to the effective and fair investigation and trial of criminal cases. It is important that all participants in the criminal process comply with the established norms, which ensures a balance between the protection of human rights and the interests of justice.
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