Changes in the Criminal procedure code, according to which pre-trial investigation may not last longer than a year, do not apply to criminal proceedings that are open to making these changes. This was at the briefing said the Prosecutor General Yuri Lutsenko.
To a journalist’s question, whether justified concerns of some experts, for example, that proceedings against Viktor Yanukovych should be closed, according to the new changes in the CPC, Lutsenko said that such concerns are “excessive and premature”.
According to him, changes in legal legislation will not affect those cases that were opened prior to the adoption of this law.
“First of all, changing the codes for all cases prior to its adoption. None of the case that was opened, even where there are no suspicions, before the adoption of the code does not fall under its scope. This direct rule changes to the legislation. Secondly, of course, if the Committee were not professional, then problems could arise. Problems could arise with 63 000 unsolved robberies, which according to the author of the amendment would have to be closed for the year. Robbery – 9 000. Could also be closed for the year. Illegal appropriation of means of transportation – 33 000. Well, 10,000 corrupt…” – said Lutsenko.
He named the new terms which directs the pre-trial investigation, “tough but reasonable”.
However, in the opinion of the public Prosecutor, there is another “sore subject” in the new criminal procedure code – appeal in court of reports of suspicion.
“The right to challenge the suspicion of the court, in my opinion, is a mistake. After giving such a suspicion, we are given to understand that the police are working on a specific case, but that’s not indictment. I think that the appeal of suspicion is a loophole for corrupt…” – said Lutsenko.
According to the public Prosecutor, he plans to appeal the amendment.
3 October 2017, the Parliament passed a law which made Economic and Civil procedure codes, Code of administrative procedure and other laws a number of changes necessary to start judicial reform.
The MP from the Radical party Andrei Lozovoi made in the adopted law amendment, which shortens the pre-trial investigation until three to six months. According to some of his colleagues in the Parliament, because that amendment, law enforcement officers may start to refuse complicated cases for fear that will not have time to investigate them in the period specified by law.
At the same time the people’s Deputy from people’s front Leonid Yemets said that the Verkhovna Rada Committee on legal policy and justice with your edits leveled the so-called amendment Lozovoy and that the Parliament supported the bill No. 6232 in the Committee’s wording.
The head of the Specialized anti-corruption prosecutors Nazar Golodnitsky called scandalous amendment of the people’s Deputy Andrey Lozovoy to the Criminal procedure code introduced in bill No. 6232 of judicial reform, “a violent jump back” and “changes in favor of thieves and corrupt officials”.