The Sponsor of this Bill (Reg. No.1308), the People´s Deputy, V. Marushchenko, proposes amendments to Part 1, Clause 69 of the Procedural Criminal Code of Ukraine, and namely to Paragraph 1, to the effect that lawyers and other experts in the judicial area, entitled by Law to provide legal assistance independently or as authorised by a legal entity; and notaries, doctors, and psychologists, cannot be interrogated as witnesses on account of what they might know or have gleaned during their professional activities, unless they are relieved in writing from their duty to adhere to the Seal of Confession of the person relaying his/her confidences to them.
The Bill also proposes to establish that members of the clergy cannot be interrogated as witnesses to facts heard by them at Confession.
The People´s Deputy, V. Marushchenko, reporting on the Bill at the Committee meeting, explained the need for amendments by eliminating discrepancies in the legal regulation of the parties to criminal processes, improving the protection of citizens´ rights, and providing adherence to the Seal of Confession by clergymen.
The Sponsor referred to Section 3, Clause 3, of the Law of Ukraine ‘On Conscience, Liberty and Religious Organisations´ reading: ‘No one has the right to demand from a clergyman confidential information heard from his believers´. Furthermore, V. Marushchenko noted, Section 3, Clause 5 of this Law, says that the State takes note of and respects the traditions and internal precepts of religious organisations, where they are in line with current legislation.
At the same time, the Reporter stressed, the Procedural Criminal Code envisages that a clergyman can be interrogated as a witness, concerning information entrusted to him or gleaned during his professional activities, provided that the person confiding in him has relieved him of the obligation to keep the professional secret.
The People´s Deputy said that there is a discrepancy in this provision relating to the traditions and internal precepts of major religious organisations in Ukraine, according to which information passed to a clergyman during Confession is not subject to being made public. Also, he stressed, no cases have, in actual practice, come to light where clergymen have been relieved from keeping the Seal of Confidence by persons confiding in them relevant information.
On the other hand, inclusion of this Clause in the Procedural Criminal Code could present a risk of abuse, for the purpose of interrogating clergymen as witnesses to obtain confidential information heard by them at Confession.
Furthermore, the Reporter said, Clause 69 of the Procedural Criminal Code does not define in what form the relieving of lawyers, notaries, doctors and psychologists from their obligation to keep a professional secret must take place, which, to his mind, also leads to abuse for the purpose of obtaining from them the relevant data during the investigation of criminal cases.
The Sponsor believes that there is a need for legal protection in adhering to the Seal of Confidence, and much clearer regulation of the right to the keeping of a professional secret by the above-named persons.
Committee Members upheld the Bill which, should it be passed, will eliminate the discrepancies among various legislative acts in this field.