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Nazar Fedorchuk Oleksandr Banchuk. Top Ten Reasons Why the New Criminal Procedure Code Is Important To Everyone. 1) Say Goodbye to the Soviet Criminal Procedure. Cosmetic changes for too long Gone: Opening the Case Phase Bureaucracy (supposed to) Too strong prosecution. - PowerPoint PPT Presentation
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TOP TEN REASONS WHY THE NEW CRIMINAL
PROCEDURE CODE IS IMPORTANT TO EVERYONE
Nazar Fedorchuk
Oleksandr Banchuk
1) Say Goodbye to the Soviet Criminal Procedure
Cosmetic changes for too long Gone:
Opening the Case PhaseBureaucracy (supposed to)Too strong prosecution
2) Enhanced Protection of Human Rights Duties of the Judge to Protect Human
Rights – Article 206 Protection Against Ill-treatment Investigative judge
3) Reformed Pre-Trial Measures of Restraint Pre-trial Detention New Rules New measures of restraint Additional obligations
E means of controlDon’t leave town or placeAvoid talking to certain peopleGive out passport etc.
10) New Role of the Prosecutor
Guiding role One prosecutor throughout the case Less control over defense
4) More Chances to be Acquitted No returning for investigation Only Direct Testimonies Admitted in
Court (no Confessions) “Jury” Trial
5) Simplified and Reformed Investigation Phase
Covert and Overt Investigative Phases Special investigative means
6) Enhanced Rights of Defendant and Defense Created Right Conditions Right to Appoint Independent Forensic
Examination Right to Request the Access to
Documents and Things Mandatory Presence of Defense Lawyer
during Every Detention Free Legal Aid Option
7) Enhanced Rights of Victims Right to Information on the Main Steps
in their Case Right to Reconciliation Rights to Participate in the Trial Rights to Have the Representative
8) Enhanced Tools for Investigation of Complex Crimes and Corruption
Undercover Investigations and Special Investigation Techniques
New Measures of Restraint Plea Agreements Reconciliation Agreements
9) New Rules of Evidence