TOP TEN REASONS WHY THE NEW CRIMINAL

PROCEDURE CODE IS IMPORTANT TO EVERYONE

Nazar Fedorchuk

Oleksandr Banchuk

1) Say Goodbye to the Soviet Criminal Procedure

Cosmetic changes for too long Gone:

Opening the Case PhaseBureaucracy (supposed to)Too strong prosecution

2) Enhanced Protection of Human Rights Duties of the Judge to Protect Human

Rights – Article 206 Protection Against Ill-treatment Investigative judge

3) Reformed Pre-Trial Measures of Restraint Pre-trial Detention New Rules New measures of restraint Additional obligations

E means of controlDon’t leave town or placeAvoid talking to certain peopleGive out passport etc.

10) New Role of the Prosecutor

Guiding role One prosecutor throughout the case Less control over defense

4) More Chances to be Acquitted No returning for investigation Only Direct Testimonies Admitted in

Court (no Confessions) “Jury” Trial

5) Simplified and Reformed Investigation Phase

Covert and Overt Investigative Phases Special investigative means

6) Enhanced Rights of Defendant and Defense Created Right Conditions Right to Appoint Independent Forensic

Examination Right to Request the Access to

Documents and Things Mandatory Presence of Defense Lawyer

during Every Detention Free Legal Aid Option

7) Enhanced Rights of Victims Right to Information on the Main Steps

in their Case Right to Reconciliation Rights to Participate in the Trial Rights to Have the Representative

8) Enhanced Tools for Investigation of Complex Crimes and Corruption

Undercover Investigations and Special Investigation Techniques

New Measures of Restraint Plea Agreements Reconciliation Agreements

9) New Rules of Evidence