The bill (Reg.No.4174) extends
opportunities for using videoconferencing while reviewing a case according to
appellate or cassational procedure to cut down on the
expenses for the provision of personal presence of defendant during the review
of his case in court.
Namely, the bill amends clauses 354, 358 and 391 of Code of Criminal Procedure of Ukraine regarding form of participation of defendant in the judicial sitting. The said amendments give an alternative for a defendant either to be personally present during the judicial sitting or detail own position by means of a videoconferencing system. However, the People´s Deputies stressed that form of participation of the defendant in the judicial session is defined by the court.
The People´s Deputies upheld the ideas of the bill, having expressed several remarks concerning it.
It was stressed that "supplements to part 4 of clause 354 of the Code of Criminal Procedure of Ukraine are self-contradictory and contradict amendments suggested by the bill to part 2 of clause 358 of the Code of Criminal Procedure of Ukraine."
Moreover, it was declared that clauses 358 and 391 of the effective Code of Criminal Procedure of Ukraine grant warrant to appear to the court of cassation or appeal to a defendant under arrest in case the respective application is filed. The Committee members also declared that deprivation of a defendant of an opportunity of personal presence at the judicial session may cause unjustifiable restriction of their rights.