The rights of the suspect should be not only explained, but also ensured not only on paper, but also in practice, clearly and in a timely manner, which is directly provided by the Criminal Procedure Code of Ukraine (CPC).
It often happens that in the presence and obviousness of the future suspect, the indication of his data in procedural documents with the statement that he committed a crime is investigated on a "fact" basis, after which the suspicion and indictment are served in one day, which artificially limits time and opportunities protection, conditions are created for falsifications and biased investigation.
An important right of a suspect, which provides an opportunity to ensure a fair investigation and due process in criminal proceedings, to ensure his right to defense, is the right to challenge (Articles 42, 75, 77, 79 of the CPC).
At the same time, the right to withdraw extends not only to the investigator and the prosecutor-procedural manager, but to all investigators and prosecutors who are part of the group.
As soon as the suspect receives the relevant status, he must be immediately informed by the investigator / prosecutor of the entire team of investigators and prosecutors, acquainted with all supporting documents (including resolutions), as well as those persons in respect of whom the suspect has the right to challenge and those actions that are carried out with their participation.
Please note that Article 42 of the CPC does not limit the number of persons who can be challenged, does not limit the possibility of applying a challenge in time. The suspect has the right to challenge and persons who have already committed certain actions or granted permits, consent in this criminal proceeding and to question the legality of their actions, such as search, seizure of property, seizure of property.
Requiring the exercise of the right to defense in the form of recusal does not only mean providing the names of persons belonging to the group of investigators, prosecutors and other persons to whom the suspect has the right to recusal in this criminal proceeding, and in giving suspects time to obtain information to draw certain conclusions.
Failure to secure the right to dismissal is a violation of criminal procedure, the right to protection, violation of human rights and fundamental freedoms guaranteed by the Constitution and laws of Ukraine, international treaties, the binding nature of which was approved by the Verkhovna Rada of Ukraine (Article 87 CPC).
It is very important that defense attorneys pay attention to such systemic violations and respond to them in a timely manner to ensure compliance with the criminal process, the rights and interests of the client.
Elizabeth Lipka, lawyer for Dynasty Law & Investment