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Published byOwen Maxwell Modified over 9 years ago
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Nazar Fedorchuk Oleksandr Banchuk
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1) Say Goodbye to the Soviet Criminal Procedure Cosmetic changes for too long Gone: Opening the Case Phase Bureaucracy (supposed to) Too strong prosecution
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2) Enhanced Protection of Human Rights Duties of the Judge to Protect Human Rights – Article 206 Protection Against Ill-treatment Investigative judge
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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.
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10) New Role of the Prosecutor Guiding role One prosecutor throughout the case Less control over defense
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4) More Chances to be Acquitted No returning for investigation Only Direct Testimonies Admitted in Court (no Confessions) “Jury” Trial
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5) Simplified and Reformed Investigation Phase Covert and Overt Investigative Phases Special investigative means
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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
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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
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8) Enhanced Tools for Investigation of Complex Crimes and Corruption Undercover Investigations and Special Investigation Techniques New Measures of Restraint Plea Agreements Reconciliation Agreements
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9) New Rules of Evidence
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