Closure of Criminal Proceedings on the Grounds of Expiry of the Pre-Trial Investigation Time Limits: Defence Mechanisms and Practical Challenges
Closure of Criminal Proceedings on the Grounds of Expiry of the Pre-Trial Investigation Time Limits: Defence Mechanisms and Practical Challenges
EVERLEGAL Expert: Yaroslav Serbin, Senior Associate
One of the key guarantees of fair criminal proceedings is the conduct of a pre-trial investigation within the time limits established by criminal procedural law. Compliance with procedural time limits ensures a balance between the State’s interest in carrying out criminal prosecution and an individual’s right not to remain, for an indefinite period, under the threat of prosecution.
For this reason, the legislature links the expiry of the established time limits for pre-trial investigation to clearly defined procedural consequences, one of which is the closure of criminal proceedings.
Read more in the EVERLEGAL lawyer's article for Yurydychna Gazeta at the link below.
In Focus:
- Procedural mechanisms available to defence counsel for seeking the closure of criminal proceedings on the grounds provided for in Article 284(1)(10) of the Criminal Procedure Code of Ukraine
- Absence of an effective procedural safeguard against the prosecutor’s inaction in failing to close criminal proceedings
- Practical consequence of the legislative gap
- Expected effect of the proposed amendments
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