KSU forbade the courts to automatically renew the arrest

КСУ запретил судам автоматически продлевать арест

KSU was considered unconstitutional automatic extension of arrest

The constitutional court issued its first decision this year.

The constitutional court recognised as unconstitutional the norm of the Criminal procedural code of Ukraine, which shall automatically extend the restraint to the accused at the preparatory hearing. On Friday, November 24, the press service of the Verkhovna Rada Commissioner for human rights Valeria Lutkovska.

We are talking about part 3 of article 315 of the Criminal procedural code of Ukraine, according to which during the preparatory court hearing the application of measures of providing of criminal proceedings shall be deemed extended in the absence of pleadings in criminal proceedings on the amendment or repeal of such measures, elected during the pre-trial investigation.

Lutkovska sure that this rule violates the constitutional right to freedom and personal inviolability, in particular, when applied to a defendant of a preventive measure in the form of arrest.

The COP in its decision noted that the legality of the use of such exceptional measures of restraint as house arrest and detention must be verified by the court after a certain period of time.

The COP is confident that in the preliminary hearing the court should check the validity of the use of a measure of restraint to the defendant and make a reasoned decision.

Also, the decision noted that during the transmission of the indictment to the court of the person’s status changes from “suspect” to “defendant”, and then automatically spread on him earlier elected a measure of restraint is wrong.

It is noted that this is the first decision of the COP handed down in 2017.

We will remind, the President Petro Poroshenko signed the law on amendments to Economic procedural, Civil procedural codes, the Code of administrative legal proceedings of Ukraine and other legislative acts (bill No. 6232), which triggers judicial reform.

As noted, this law introduced new rules for litigation in civil, commercial, administrative proceedings, and makes some changes to the rules of criminal procedure.

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