Publication date: 26.05.2024
The Law on the Functioning of the Institute of Officials Responsible for Ensuring the Rights of Detainees: New Requirements and Responsibilities
Introduction
On April 18, 2024, the newspaper "Voice of Ukraine" officially published Law No. 3623-IX "On Amendments to the Criminal Procedural Code of Ukraine (CPC) on strengthening the effectiveness of the functioning of the institute of officials responsible for the stay and ensuring the observance of the rights of detainees." The document entered into force on April 19, 2024. This law significantly changes approaches to ensuring the rights of detained persons, establishing new requirements for officials responsible for their stay and compliance with rights.
Amendments to Article 212 of the Criminal Procedure Code
New requirements for appointing responsible persons
According to the new wording of the first and second parts of Article 212 of the Criminal Procedure Code:
Appointment of responsible persons:
In the body, which includes the subdivision of the pre-trial investigation body, one or more officials should be appointed, responsible for the stay and ensuring that the rights of detainees are observed.
Requirements for responsible persons:
Investigators, inquirers, heads of pre-trial investigation bodies, heads of inquiry bodies, other employees of the division of the pre-trial investigation body and operative units cannot be responsible for the stay and ensuring that the rights of detainees are observed.You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Duties of responsible persons
Amendments to the third part of Article 212 of the Criminal Procedure Code establish specific obligations for persons responsible for the stay and ensuring that the rights of detainees are observed:
Survey of detainees:
The responsible person is obliged to carry out a survey regarding the circumstances of the detention, the use of coercive measures by an authorized official, conducting a personal search and confiscation of property.
The survey also concerns the notification of the detainee about the grounds of detention and his rights, notification of third parties about the fact of detention, as well as the state of health of the detainee.
Measures in case of detection of violations:
In the case of detection of violations of the rights of the detained person, facts of torture, cruel or inhumane treatment of him, the responsible person is obliged to immediately take measures to stop them.
It is necessary to report such facts to the head of the body, which includes the division of the pretrial investigation body, and to notify the prosecutor in writing.
The meaning of the law
The introduction of Law No. 3623-IX aims to strengthen the protection of the rights of detained persons by ensuring the independence and objectivity of officials responsible for their stay.The requirement to appoint responsible persons who are not investigators or inquirers is aimed at avoiding conflicts of interest and ensuring impartial control over the observance of the rights of detainees.
Conclusion
Law No. 3623-IX is an important step in the direction of raising the standards of protection of the rights of detained persons in Ukraine. New requirements for officials and their duties to ensure the rights of detainees create prerequisites for a more transparent and fair pre-trial investigation process. This will help strengthen trust in law enforcement agencies and improve the general legal culture in the country.
