Nazar Fedorchuk Oleksandr Banchuk. 1) Say Goodbye to the Soviet Criminal Procedure  Cosmetic changes for too long  Gone: Opening the Case Phase Bureaucracy.

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Presentation transcript:

Nazar Fedorchuk Oleksandr Banchuk

1) Say Goodbye to the Soviet Criminal Procedure  Cosmetic changes for too long  Gone: Opening the Case Phase Bureaucracy (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 control Don’t leave town or place Avoid talking to certain people Give 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