PGO lists reasons for withdrawal from HACC motion on choosing restraint measure for Tatarov
The prosecutor of the Prosecutor General's Office (PGO) withdrew from the High Anti-Corruption Court (HACC) a motion on the application of a restraint measure against Deputy Head of the President's Office Oleh Tatarov on the basis of the requirements of Article 185 of the Criminal Procedure Code of Ukraine and the revealed violation of the requirements of the Code, the Prosecutor General's Office told Interfax-Ukraine.
"Thus, by studying the materials attached to the motion, it was established that the actions of the suspects may contain the composition of another criminal corruption offense, which does not give the right to apply to the court with a motion on choosing a restraint measure in the form of detention," the Prosecutor General's Office said.
In addition, the deputy head of the President's Office was reported on the suspicion with violation of the requirements of Article 481 of the Criminal Procedure Code of Ukraine by an unauthorized person, which is confirmed by the case law, including the HACC. Despite the suspension of his right to practice law, he did not lose his status as a lawyer.
"These violations of the requirements of the Criminal Procedure Code of Ukraine in the future may entail recognizing impermissible the collected evidence by the court," the Prosecutor General's Office said.
At the same time, the department said that after the receipt of the materials of the pretrial investigation in criminal proceedings from the National Anti-Corruption Bureau of Ukraine, investigators of the Main Investigation Department of the Security Service of Ukraine and prosecutors of the Prosecutor General's Office will assess the collected evidence and take appropriate procedural decisions.