In his remarks, he addressed issues related to Parts 1, 9, and 12 of Article 290 of the Code of Criminal Procedure. The speaker noted that the issue of disclosing case materials in criminal proceedings has always been and continues to be a subject of various discussions and practical application.
According to him, in criminal proceedings, attorneys can choose between a sprint and a marathon—that is, either to pursue a closed criminal proceeding at the preliminary hearing stage or to go the long haul and secure an acquittal seven or even ten years later.
“Part 1 of Article 290 of the Code of Criminal Procedure states that when an investigator or prosecutor determines that the evidence is sufficient and they can proceed to the next stage—to refer the case for trial on the merits and draft an indictment— they shall notify the parties of the completion of the pretrial investigation and the disclosure of the criminal case materials. And this is where a lot of interesting practice arises—and, consequently, tools that can be used to close such proceedings and conclude a criminal case ‘in a sprint’ (this is paragraph 10 of Part 1 of Article 284 of the Code of Criminal Procedure),” the speaker emphasized.
The Forum session’s discussion also focused on other pressing procedural challenges and practical aspects of defense in white-collar crime cases, including:
• abuse of procedural rights and the practice of the Supreme Court’s Criminal Chamber;
• procedural safeguards and the role of the court;
• jurisdiction and venue in criminal proceedings;
• courts’ approaches to evaluating evidence;
• a defense attorney’s work with financial and accounting evidence;
• Common investigative errors that become arguments for the defense;
• strategies for working with criminal case files.
For more details, see the report from Yuridicheskaya Praktika at the link below.
Author: Denys Ponomarenko, Attorney and Partner at Barristers
Source: Legal Practice