A provision of the Criminal Procedure Code of Ukraine regarding the automatic extension of pretrial detention under martial law has been ruled unconstitutional
The Second Senate of the Constitutional Court of Ukraine
On July 18, 2024, at a plenary session, adopted Decision No. 8-r(II)/2024 in the case concerning the constitutional complaints filed by Ruslan Illich Onishchenko and Dmytro Mykhailovych Gavryliuk regarding the constitutionality of part six of Article 615 of the Criminal Procedure Code of Ukraine.
According to the contested provisions of the Code
“if the term of a court order on pretrial detention expires and the court is unable to consider the issue of extending the term of pretrial detention in accordance with the procedure established by this Code, the pretrial detention measure shall be deemed extended until the court resolves the relevant issue, but for no more than two months.”
The Constitutional Court of Ukraine has ruled that Part 6 of Article 615 of the Criminal Procedure Code of Ukraine is inconsistent with the Constitution of Ukraine.
We congratulate Barristers partner Oleksandr Shadrin on yet another significant achievement! He previously had successful experience representing clients in cases involving complaints filed by Maryna Kovtun, Nadiya Savchenko, and others before the Grand Chamber of the Constitutional Court of Ukraine.
For more details, please visit: https://ccu.gov.ua/.../konstytuciynyy-sud-ukrayiny-vyznav...
Author: Barristers
Source: Barristers Facebook