Publication date: 03.06.2024
1. Can the prosecutor, during the consideration of a criminal case in court, present an additional indictment?
Yes, the prosecutor has the right to present an additional indictment during the consideration of a criminal case in court. This charge may involve new facts or circumstances that were not considered at the time of the original charge.
2. In what cases can the prosecutor file an additional indictment in court during the criminal case?
The prosecutor may file an additional indictment in the following cases:
1. Discovery of new facts or evidence that testify to the commission of additional criminal offenses by the accused.
2. Change in qualification of the accused's act to a more serious or less serious one as a result of new circumstances.
3. Finding that the actions of the accused fall under other articles of the Criminal Code of Ukraine.
3. With whom should the prosecutor agree to issue an additional indictment in court and what are the consequences of not agreeing to such intentions of the prosecutor?
The prosecutor must agree on the presentation of an additional indictment with the head of the relevant prosecutor's office.
If the higher-level prosecutor does not agree to the additional indictment, he removes from the case the prosecutor who initiated the matter. Then he himself participates in the trial or appoints another prosecutor. In such a case, the court proceedings continue according to the usual procedure
4. What procedural document and to whom should the prosecutor submit during the consideration of a criminal case in court for the purpose of presenting an additional charge of committing a criminal offense?
The prosecutor must submit a request for an additional indictment to the court hearing the case. This motion must include a justification for the need for an additional indictment and new evidence or facts that support its feasibility.
5. What are the rights of the accused after an additional indictment is presented?
After an additional indictment is presented, the accused has the following rights:
1. Get information about the new charges and get acquainted with the evidence.
2. File an objection against the additional indictment.
3. Submit a request for additional investigative actions.
4. File a motion to postpone the trial to prepare the defense.
5. To exercise the right to defense, in particular, to engage a lawyer to represent one's interests.
6. From what stage does the court continue consideration of a criminal case after the prosecutor's request for an additional indictment has been granted?
After the prosecutor's motion to issue an additional indictment is satisfied, the court begins the trial with a preliminary court session, this is necessary to ensure the rights of the accused.
Conclusion
The filing of an additional charge during the trial is an important tool in the criminal process. It allows the state prosecution to respond to new facts that may appear during the trial, and to provide a more complete and accurate reflection of the circumstances of the case.For the prosecution, this is of great importance, as it provides an opportunity to adjust the original charges, add new evidence and increase the effectiveness of the criminal prosecution. It also contributes to justice, as it allows taking into account all relevant circumstances that may affect the court's decision.
For criminal proceedings as a whole, the institution of change, refusal and filing of an additional indictment opens up opportunities for correcting mistakes that could have been made at the previous stages. This ensures the flexibility and adaptability of the process, allowing more effective use of the evidence collected and ensuring that the rights of the participants in the process are respected.
Thus, this institution contributes to the achievement of the main goal of criminal justice - establishing the truth in the case and making a fair decision, which is important for trust in the judicial system and ensuring the rule of law.
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