17:04 13.08.2013

Expert: New Criminal Procedure Code allows court to arrest ex-rector Melnyk after his escape

2 min read

There are enough grounds in the current Criminal Procedure Code for the court to arrest former Rector of the National University of the State Tax Service Petro Melnyk, according to Doctor of Law, Professor at the Department of Criminal Procedure of the National Academy of Internal Affairs, Associate Professor Yuriy Azarov.

While commenting on reports in a number of Ukrainian media outlets that the new Criminal Procedure Code has significant drawbacks with regard to arresting a person who has escaped house arrest, the expert noted that Article 178 of the Criminal Procedure Code says that one of the circumstances that is taken into account when choosing a measure of restraint is the fulfillment of the conditions of measures of restraint that were earlier applied to the suspect.

The code also states that detention is used if the prosecutor proves that milder measures of restraint have not proved effective.

"If the prosecutor proves that while being free, this person was hiding from a body of pre-trial investigation or court, obstructed criminal proceedings or was notified of being a suspect in committing another crime, [he will be arrested]," Azarov cited Clause 3, Part 2, Article 183 of the Criminal Procedure Code.

"But, of course, a final decision on choosing a measure of restraint is taken by the court, based on data provided by prosecutors," the expert said.

As reported, Melnyk was detained on July 27, 2013 on suspicion of demanding from two Ukrainian citizens bribes of UAH 40,000 and UAH 80,000 to accept their relatives' entry to university.

Kyiv's Pechersky District Court on August 1, 2013, ruled to place Melnyk under house arrest on suspicion of bribery. Melnyk was not allowed to leave his apartment except in situations in which he might need medical examination or treatment.

On August 7, a tracking bracelet was put on the ex-rector. Melnyk became the first senior official to have a tracking bracelet put on.

The ex-rector escaped house arrest on August 9, having removed his electronic tracking bracelet.

A number of Ukrainian media outlets reported, referring to their sources, that Melnyk fled the country through Belarus to a Baltic state. Some reports allege that Melnyk is currently in the Czech Republic.

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