The President of Ukraine, Volodymyr Zelenskyi, signed the Law No. 1422-IX "On Amendments to the Criminal Procedural Code of Ukraine regarding the improvement of certain provisions in connection with the implementation of a special pre-trial investigation", which was adopted by the Verkhovna Rada on April 27. This was reported in the Office of the President.
This document is designed to ensure the deterrence of punishment for citizens who have committed a criminal offense and are hiding from the investigation in other countries or in the temporarily occupied territories of Ukraine.
According to Ukrainian legislation, in order to start a special pre-trial investigation or special trial against a fugitive, he must be declared an international wanted person. But Interpol sometimes refuses Ukraine to declare individuals on the international wanted list, motivating such decisions by the presence of signs of political persecution. Courts, in turn, associate the announcement of an international wanted person with the moment Interpol issues a "red card" and, as a result, refuse to grant requests for a special pre-trial investigation.
The law signed by the president changes the approach and defines two grounds for carrying out a special pre-trial investigation or a special judicial proceeding:
- If the suspect is declared an international wanted person;
- If the suspect unreasonably refuses to appear on the summons of the investigator, prosecutor, investigative judge or court (provided he is properly notified of such a summons) and is located on the territory of the aggressor state or on the temporarily occupied territories of Ukraine.
The investigative judge can arrest such a suspect in absentia.
The document also defines the list of articles of the Criminal Code of Ukraine, according to which a special pre-trial investigation can be carried out. The trial of the defendants in such criminal proceedings may be conducted in absentia. Exceptions are minors who are hiding from the investigation on the temporarily occupied territory of Ukraine, on the territory of the aggressor state, or declared on an international wanted list.
The law also introduces mandatory publication in the national mass media and on the official website of the Prosecutor General's Office of information about suspects against whom a special pre-trial investigation has been initiated, no later than 24 hours after receiving the relevant court decision.
If, after the start of special court proceedings, the accused appeared or was brought to court, from this moment the trial proceeds according to the general rules of the Criminal Procedure Code of Ukraine.
