The Committee on Justice does not uphold the Bill on Amendments to several Laws of Ukraine (re Exclusion of certain Circumstances that bar Participation of the Defender in the Case)

11 March 2011, 15:35

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Опис : C:\Documents and Settings\Имя\Рабочий стол\4.jpgThe primary purpose of the bill (Reg. No. 6597) is to improve the criminal proceedings in part of defender´s participation, consolidate the constitutional principle of a free choice of a defender and presumption of innocence, and prevent de facto illegal and extrajudicial deprival of a lawyer´s right for their occupation.  

 

The bill amends part seven of clause 48 of the Code of Criminal Procedure of Ukraine, envisaging an obligation (not a duty) of a defender to refuse participation in the case under the circumstances excluding his involvement.

 

The bill also excludes several provisions of clause 61 of the Code of Criminal Procedure of Ukraine which allegedly contradict the Constitution of Ukraine, and strengthens legal safeguards of the defenders in case of the deprival of their participation in the case by means of extended judicial control and the right for appeal.     

 

The Committee members reject the provisions including the defenders into the list of infringers envisaged by clauses 185-3 and 185-4 of the Code of Ukraine on Administrative Infringements.