Publication date: 29.05.2024
General provisions of special (correspondence) pretrial investigation of criminal cases
Special (absentee) pre-trial investigation is a special form of criminal proceedings, which is carried out in the absence of the suspect or the accused, if he avoids appearing before the investigator, prosecutor or court, and at the same time there are reasonable grounds to believe that he is outside Ukraine or is hiding from the authorities investigation and trial on the temporarily occupied territory of Ukraine, on the territory of a state recognized by the Verkhovna Rada of Ukraine as an aggressor state, for the purpose of evading criminal responsibility. Also, a special pre-trial investigation can be carried out on the basis of the decision of the investigating judge regarding the crime committed by the suspect, in respect of which a decision was made to hand over for exchange as a prisoner of war and such an exchange took place.
The purpose of a special pre-trial investigation is to ensure the inevitability of criminal liability of persons who are hiding from justice, as well as the preservation of evidence and the protection of the rights of victims.
Who and how initiates the implementation of a special pre-trial investigation
A special pre-trial investigation can be initiated by the investigator in agreement with the prosecutor or the prosecutor, if during the pre-trial investigation the circumstances that are grounds for an absent pre-trial investigation have been revealed.
The initiation procedure includes the following steps:
• The investigator or prosecutor prepares the appropriate request, which must meet the requirements established by the procedural code.
• The petition is submitted to the court for the purpose of obtaining permission to conduct an absentee investigation.
Who gives permission to carry out a special pre-trial investigation
The permission to carry out a special pre-trial investigation is granted by the investigating judge. After the petition is submitted by the investigator or the prosecutor, the judge considers it and, if there are grounds, gives permission to conduct the investigation in absentia.
A special pre-trial investigation can be carried out for the following categories of crimes (the Criminal Procedure Code clearly defines the articles of the Criminal Code of Ukraine under which an absentee investigation can be carried out):
• Crimes against the foundations of Ukraine's national security.
• Crimes against public safety.
• Terrorist acts.
• Crimes against the life and health of a person, for which punishment is provided in the form of deprivation of liberty for a term of at least ten years.
• Other serious and especially serious crimes.
The procedure for serving procedural documents during an absentee pre-trial investigation
The procedure for serving procedural documents in absentia pre-trial investigation includes the following features:
• Notification of suspicion: If the suspect is outside Ukraine, the notification of suspicion can be served through diplomatic missions of Ukraine or sent by registered mail to the suspect's last known address of residence or stay.
• Summonses: Summonses can be sent to the suspect's last known residence or whereabouts and published in official publications and on the official website of the Office of the Attorney General.• Other procedural documents: All other procedural documents that must be served on the suspect or the accused are sent to the defense attorney.
This procedure ensures the possibility of prosecuting persons who evade justice and allows criminal proceedings to be carried out in their absence, while preserving the rights of other participants in the process and ensuring the fairness of the trial.
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