The criminal prosecution

The modern criminal process, which is regulated exclusively by the Criminal procedure code of Ukraine, is quite flexible and dynamic. The latest version of the code contains many innovations that were not even mentioned in the 1960 version of the code of Criminal procedure.

 

We will also consider some practical aspects of the Criminal procedure code of Ukraine related to the process of bringing a person to criminal responsibility.

 

Thus, the procedure for bringing a person to criminal responsibility, according to the current criminal procedure legislation, begins with notifying the person of suspicion of committing a criminal offense. Further, this process develops in two directions: the first – when the investigating authorities at the pre-trial investigation process gather all possible evidence to form a guilty act, which approves and sends to the court procedure head and the second scenario is when the investigating authorities during the investigation proceedings, after notifying the person of suspicion, so to speak about the ceiling and exhausts all available means of collecting evidence about the guilt of the person in the committed crime.

Since the criminal procedure code of Ukraine does not provide for such an option as the removal of suspicion to a person who was informed of suspicion of committing a criminal offense, the Code regulates these issues within the framework of the provisions defining the grounds and procedure for closing criminal proceedings, that is, article 284.

 

Thus, according to the provisions of article 284 of the criminal procedure code of Ukraine, if a person has been informed of suspicion, the procedure for clearing suspicion lies through the closure of criminal proceedings against the person. However, this fact does not prevent further pre-trial investigation of criminal proceedings. Thus, the Prosecutor and the investigating judge have the right to close criminal proceedings against a person, the so-called removal of suspicion.

 

The Code also specifies in which cases is a procedural decision as the closure of criminal proceedings in respect of a person: the lack of evidence of a criminal offense, established the absence in act of structure of a criminal offense, does not have sufficient evidence to bring a person's guilt in court and opportunities to get them, etc

 

Unfortunately, in modern practice, cases of closing criminal proceedings against a person are very rare. The reason for this is the " it " system, where pre-trial investigation bodies, even with insufficient evidence, in the vast majority of cases, send a criminal case to the court.

 

However, there are also positive examples when the investigation, after informing a person of suspicion, closed criminal proceedings for receiving evidence of the suspect's innocence during the pre-trial investigation.

 

In fact, the institution of the Criminal procedure code of Ukraine is really an effective and effective way to protect an innocent person at the stage of pre-trial investigation, but unfortunately, in practice, it rests on harsh realities.