DEFENDANT'S ALPHABET ABOUT CRIMINAL OFFENSES - Law office «LEGAL DEFENSE»

November 16, 2020

Kolesnyk Anna, lawyer, chairman of the NAAU Human Rights Committee

Svetlichny Igor, lawyer, head of the section of restorative justice of the Human Rights Protection Committee of NAAU

There are numerous examples in the register of court decisions when criminal proceedings are brought to court on one day and a preparatory hearing is scheduled the next day and a sentence with a real sentence or probation is handed down on the same day in accordance with the current criminal code. the sentence is rendered without the presence of the parties. Therefore, it is necessary to find out how cases of criminal offenses differ from cases of criminal offenses and what new opportunities for protection the legislator has provided to lawyers and their clients.

With the enactment of legislation on criminal offenses (Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of November 22, 2018), which entered into force on July 1, 2020, some criminal Proceedings began to be considered quickly, saving significant procedural time and reducing the burden on all participants in criminal proceedings, including defendants, victims and judges, not to mention witnesses and experts who may not be summoned to court at all.

With regard to this situation, we have a different opinion, due to the fact that such quick cases and sentences are not only unfavorable for the defense, but also often unfair, because they, like plea agreements, can sometimes be the result of psychological pressure from the prosecution. multiplied by the vulnerable state and legal ignorance of the guilty person. Let’s try to understand whether this is true.