Publication date: 06.06.2024
Protection of the Rights of Suspects and Accused in the Criminal Procedure of Ukraine
Introduction
The protection of the rights of suspects and accused persons is a fundamental principle of criminal procedure that ensures fairness and justice. In Ukraine, this principle is enshrined in the Constitution and criminal procedure legislation. In this article, we will analyze the main aspects of the protection of the rights of suspects and accused persons in the criminal procedure of Ukraine.
Constitutional Guarantees
The Constitution of Ukraine, as the fundamental law of the state, enshrines a number of rights and freedoms that directly relate to suspects and accused persons:
- Article 29: The right to liberty and security of person.
- Article 59: The right to legal aid.
- Article 62: Presumption of innocence.
- Article 63: The right not to incriminate oneself or one's loved ones.
Criminal Procedure Code of Ukraine (CPC)
The Criminal Procedure Code of Ukraine contains detailed provisions on the rights of suspects and accused persons, as well as mechanisms for their defense.
Presumption of innocence
According to the CPC, no person may be found guilty of a crime until his or her guilt is proved in accordance with the law and established by a court verdict that has entered into force (Article 17 of the CPC).
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Right to Protection
The suspect and the accused have the right to a defense, which includes:
- The right to have a defense counsel: Suspects and accused persons have the right to a defense counsel from the moment of detention or notification of suspicion.
- The right to free legal aid: If the suspect or accused cannot afford to pay for the services of a lawyer, he or she is provided with free legal aid (Article 20 of the CPC).
- The right to familiarize themselves with the case file: The suspect and the accused have the right to familiarize themselves with the criminal case file, including the protocols of investigative actions, examinations and other evidence (Article 290 of the CPC).
The right to appeal
The suspect and the accused have the right to appeal the actions and decisions of investigators, prosecutors and judges. This includes:
- Appeal against detention and custody: A suspect has the right to appeal against his or her detention and the application of a preventive measure in the form of detention (Article 206 of the CPC).
- Appeals against procedural decisions: The suspect and the accused have the right to appeal against decisions of the investigator, prosecutor and court that restrict their rights (Article 303 of the CPC).
Ensuring Rights during Pre-trial Investigation
During the pre-trial investigation, the suspect has the right to:
- The right to participate in investigative actions: A suspect has the right to be present during investigative actions, such as interrogations, searches, and examinations (Article 42 of the CPC).
- To appeal against the investigator's inaction: A suspect has the right to appeal against the inaction of an investigator or prosecutor if it violates his or her rights (Article 303 of the CPC).
