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Publication date: 27.05.2024
Amendments to the Criminal Procedure Code of Ukraine in connection with the ratification of the Istanbul Convention.
Introduction
In 2022, Ukraine ratified the Council of Europe Convention on the Prevention of Violence against Women and Domestic Violence, which is larger than the Istanbul Convention. This step was a significant achievement in the fight against gender-based violence. As a result, there was a need to make appropriate changes to the Criminal Procedure Code of Ukraine (CPC) to ensure proper application of the provisions of the convention.
The main changes to the PDA
1. Conducting studies and examinations
The ratification of the Istanbul Convention requires the improvement of the procedure for the examination and examination of persons who have suffered from violence. Changes to the PDA include:
Expanding the list of errors when an investigation and examination can be conducted. This applies not only to physical, but also to psychological violence.
Ensuring confidentiality and protecting the rights of victims. This includes the right to be accompanied by a lawyer or other verified person during the procedure.
Mandatory examination at the request of the injured person. This will contribute to a more efficient and objective investigation of the population of the population.
2. Conclusion of a fitting agreement
Amendments to the CPC provide for restrictions on the possibility of concluding a reconciliation agreement in cases related to the domestic population. This is due to the protection of victims from pressure and coercion. The main provisions include:
Prohibition of concluding an agreement on application in cases related to domestic violence, if there are signs of systematicity or serious consequences.You may be interested in the following articles: Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online.
Ensuring the independence and voluntariness of the conclusion of the agreement. The court must make sure that the injured person enters into the agreement without pressure and of his own free will.
3. Criminal proceedings in the form of private proceedings
The amendments to the CPC also provide for new provisions on criminal proceedings in the form of a private lawsuit. This applies in particular to communication related to rape of women and domestic violence:
Expansion of the circle of persons who can be initiators of private prosecution. This includes close relatives and legal representatives of the affected person.
Simplification of the procedure for submitting an application and considering a case in the form of a private appeal. This will contribute to more prompt consideration of such cases.
Ensuring effective protection of the rights of injured persons in the process of private prosecution. This includes providing free legal aid and support.
Conclusion
Amending the Criminal Procedure Code of Ukraine in connection with the ratification of the Istanbul Convention is a step in the fight against violence against women and domestic violence. These changes are aimed at ensuring more effective protection of victims, improvement of investigation procedures and consideration of cases, as well as improvement of the level of justice in Ukraine.
