Verkhovna Rada Committee on Legislative Support to Enforcement recommends Ukrainian Parliament adopt draft law "On amendments to Criminal Procedure Code of Ukraine" (as to consolidation of right of specific categories of prisoners to just sentence) as a basis

Information Department
28 September 2015, 10:57

The draft law No. 2033a offers to set interim order of consideration of judgments of conviction that had taken effect to introduce nationwide interim mechanism of revision of judgments in criminal cases, under which persons were sentenced without proper evidentiary basis for grave and especially grave crimes under the Criminal Procedure Code of Ukraine dated December 28, 1960 and have still been serving sentence.

The draft law envisions that an appeal against a judgment of conviction is submitted not by a sentenced person personally, but by his/her defendant. In compliance with the draft law this provision is a specific filter aimed at preventing from restriction of the right to appeal. All the sentenced persons, who would initiate the revision of their judgments of conviction are ensured in their right to free secondary legal assistance under the Item 7, Section 1 of Article 14 of the Law of Ukraine "On free legal assistance."

Respective amendments are to be introduced to Chapter XI "Transitional provisions" of the Criminal Procedure Code of Ukraine.

Participants of the Committee meeting founded the necessity for passing the draft law with the fact that the revision of these sentences by courts of appeal is expedient taking in account their lesser utilization as against other courts. According to the State Judicial Administration, in 2014, the number of appeals in the frames of criminal proceedings submitted for consideration by courts of appeal decreased 12.4% against 2012.

According to the Secretariat of the Committee, the members of the Committee supported the draft law.