16:12 11.03.2021

HACC cancels detective's order to terminate pretrial investigation into case of former Ukraine's president

2 min read
HACC cancels detective's order to terminate pretrial investigation into case of former Ukraine's president

The investigating judge of the High Anti-Corruption Court (HACC) at a meeting on Tuesday, March 9, satisfied the complaint of the defender and canceled the detective's decision to terminate the pretrial investigation in criminal proceedings against the former President of Ukraine, the press service of HACC reports.

"Having heard the participants in the process, the investigating judge came to the conclusion that it is impossible to establish the motives of the investigation from the content of the contested decision for the need to apply for international legal assistance in criminal proceedings," the message says.

It is noted that in accordance with Part 5 of Article 110 of the Criminal Procedure Code of Ukraine, the decision of the investigator or prosecutor consists of an introductory, motivating and operative parts. At the same time, the motivation part must contain information about the content of the circumstances that are the grounds for the adoption of the decision, and the reasons for the adoption of the decision, their justification and references to the provisions of this Code. Since the decision of a detective is a procedural decision in a specific criminal proceeding with a certain subject of evidence, the decision to terminate criminal proceedings must contain information relevant to the circumstances of the criminal offense and stated in the suspicion.

"The detective in the court session did not provide any documents from which it is possible to establish the execution of which procedural actions the request is directed within the framework of international cooperation. Consequently, the investigating judge does not have the opportunity to establish which circumstances the pretrial investigation body intends to confirm or deny and how they correlate with the circumstances of the criminal offense, which the former president of Ukraine is suspected of committing," the HACC stressed.

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