Top Ten Reasons Why the New Criminal Procedure Code Is Important To Everyone

1. Nazar Fedorchuk Oleksandr Banchuk Top Ten Reasons Why the New Criminal Procedure Code Is Important To Everyone

2. 1) Say Goodbye to the Soviet Criminal Procedure • Cosmetic changes for too long • Gone: • Opening the Case Phase • Bureaucracy (supposed to) • Too strong prosecution

3. 2) Enhanced Protection of Human Rights • Duties of the Judge to Protect Human Rights – Article 206 • Protection Against Ill-treatment • Investigative judge

4. 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.

5. 10) New Role of the Prosecutor • Guiding role • One prosecutor throughout the case • Less control over defense

6. 4) More Chances to be Acquitted • No returning for investigation • Only Direct Testimonies Admitted in Court (no Confessions) • “Jury” Trial

7. 5) Simplified and Reformed Investigation Phase • Covert and Overt Investigative Phases • Special investigativemeans

8. 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

9. 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

10. 8) Enhanced Tools for Investigation of Complex Crimes and Corruption • Undercover Investigations and Special Investigation Techniques • New Measures of Restraint • Plea Agreements • Reconciliation Agreements

11. 9) New Rules of Evidence