Recently, there has been a trend in which investigators and prosecutors are issuing summonses to suspects “for the purpose of conducting procedural actions provided for in Article 290 of the Code of Criminal Procedure of Ukraine.” In fact, this is an attempt to compel a person to exercise their right to review the materials of the pretrial investigation, which appears to constitute an abuse of power.
Yuriy Radzievsky, an attorney and partner at Barristers LLP, points out:
According to Article 133 of the Code of Criminal Procedure of Ukraine, a summons may be issued only if the person’s participation in the procedural action is mandatory. Access to the investigation materials is a right, not an obligation, of the defense. This approach has been confirmed, in particular, by the position of the Supreme Court (Resolution of the Plenum of the Criminal Chamber of the Supreme Court dated October 24, 2022, in Case No. 216/4805/20). At the same time, the suspect finds themselves in a vulnerable position: ignoring the summons may create the risk of a more severe pretrial measure being imposed.
“Sending a summons to a suspect to review the materials of the pretrial investigation constitutes a gross abuse of power,” emphasizes Yuriy Radzievsky.In such cases, the defense may respond, in particular, by filing a motion to recuse the judge or by raising the issue of criminal liability under Article 365 of the Criminal Code of Ukraine.
Author: Yuriy Radzievsky, Attorney and Partner at Barristers
Source: Barristers Facebook