Rights of suspect, accused in Ukraine

Rights of suspect, accused in Ukraine

According to p.3-4 Article 42 of the Criminal Procedure Code of Ukraine, the suspected, the accused has the right:

1) to know what criminal offense he is suspected or accused of committing;

2) to be clearly and timely notified of their rights provided for by this Code, as well as to receive their clarification;

3) at the first request to have a defense attorney and a meeting with him regardless of the time on working days, weekends, holidays, non-working days before the first questioning with the observance of conditions that ensure the confidentiality of communication, as well as after the first questioning - meetings without time and number restrictions on working days , weekends, holidays, non-working days; on the defense counsel's participation in the interrogation and other procedural actions; on the refusal of the defense counsel at any moment of the criminal proceedings; to obtain legal assistance of the defender at the expense of the state in the cases provided for by this Code and/or the law regulating the provision of free legal assistance, including in connection with the lack of funds to pay for such assistance;

4) not to say anything about the suspicion against him, the accusation or refuse to answer questions at any time;

5) give explanations, statements about suspicion, accusation or refuse to give them at any time;

6) demand verification of the reasonableness of the detention;

7) in the case of detention or the application of a preventive measure in the form of detention - to immediately notify family members, close relatives or other persons about the detention and their place of stay in accordance with the provisions of Article 213 of this Code;

8) collect and submit evidence to the investigator, prosecutor, investigating judge;

9) participate in procedural actions;

10) during procedural actions, ask questions, submit comments and objections regarding the order of actions, which are recorded in the protocol;

11) apply technical means in compliance with the requirements of this Code when conducting procedural actions in which he participates. The investigator, the prosecutor, the investigating judge, the court have the right to prohibit the use of technical means during the conduct of a separate procedural action or at a certain stage of criminal proceedings in order not to disclose information that contains a secret protected by law or relates to the intimate life of a person, about which a decision is made (decided) reasoned resolution (resolution);

12) file a request for procedural actions, to ensure security for oneself, one's family members, close relatives, property, housing, etc.;

13) declare objections;

14) get acquainted with the materials of the pre-trial investigation in accordance with the procedure provided for in Article 221 of this Code, and demand the opening of materials in accordance with Article 290 of this Code;

15) receive copies of procedural documents and written notices;

16) appeal the decisions, actions and inaction of the investigator, prosecutor, investigating judge in the manner provided by this Code;

17) demand compensation for damage caused by illegal decisions, actions or inaction of a body that carries out investigative activities, a pre-trial investigation, the prosecutor's office or a court, in accordance with the procedure established by law, as well as the restoration of reputation, if suspicions and accusations are not confirmed;

18) use his native language, receive copies of procedural documents in his native language or another language that he speaks, and if necessary, use the services of an interpreter at the expense of the state.

The accused also has the right:

1) participate during the trial in questioning prosecution witnesses or demand their questioning, as well as demand the summoning and questioning of defense witnesses on the same terms as prosecution witnesses;

2) collect and submit evidence to the court;

3) to express his opinion in the court session regarding the motions of other participants in the court proceedings;

4) speak in court debates;

5) to familiarize himself with the log of the court session and the technical record of the court process, which are required to be provided to him by the authorized employees of the court, and to submit his comments on them;

6) appeal court decisions in the manner established by this Code and initiate their revision, know about the appeals and cassation complaints filed against them, applications for their review, submit objections to them;

7) receive clarification on the procedure for preparing and using a pre-trial report, refuse to participate in the preparation of a pre-trial report.

8) participate in the preparation of a pre-trial report, provide the representative of the staff of the probation authority with the information necessary for the preparation of such a report, read the text of the pre-trial report, submit comments and clarifications.

According to p.6 Article 42 of the Criminal Procedure Code of Ukraine, the suspect, the accused, who is a foreigner and is in custody, has the right to a meeting with a representative of the diplomatic or consular institution of his country, which the administration of the place of detention is obliged to ensure.

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