Taras Bezpalyy acted as co-moderator at meeting of the Committee on Criminal and Criminal Procedure Law of the Ukrainian Bar Association

On September 7th, 2018, regular meeting of the Committee on Criminal and Criminal Procedure Law of the Ukrainian Bar Association took place. During the meeting, participants discussed practice of notice of suspicion cancellation under Article 303 of the Criminal Code of Ukraine.

Taras Bezpalyy, counsel at Legal Alliance Company, attorney, in his speech explained that the legislation lays down the list of obligations of prosecutor’s office employees at pre-trial investigation during case consideration. The mentioned article allows appealing actions, omission or decisions of prosecutor if he did not take the procedural actions he had to take.

During the event, participants also discussed reality of cancelling the notice of suspicion under Article 303(1)(10) and justifying sentence due to improper service of the notice of suspicion and, as a result, lack of “accused” status. Mr Bezpalyy also gave some advice on whether it is possible to set the fact of lack of procedural status of suspect during the preparatory court session. This is the approach which the co-moderator considers the most interesting for an attorney, as it is not possible to change during trial what can be changed during pre-trial investigation.

“Rule of law implies that a person must be protected against abuse by authorities, which means interference of authorities must be subject to effective court control”, Mr Bezpalyy summed up.

Contact the speaker: counsel Taras Bezpalyy, bezpalyy@l-a.com.ua