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The President Signed the Law on Improvement of the Procedure related to Including by the Court of the Term of Detention under Remand into the Term of the Final Sentence


Comment by Iryna Kuzina,  Attorney at law, Head of Kharkiv office at Ilyashev & Partners Law Firm
Source:  The Yurydychna Praktyka

The President of Ukraine, Petro Poroshenko, has endorsed the law No. 768-VIII “On introduction of amendments to the Criminal Code of Ukraine as for improvement of the procedure of including by the court of the term of detention under remand into the term of the sentence” which was passed by the Parliament on November 26, 2015.

The law will contribute to improvement of the guarantees and protection of rights and freedoms of persons under investigation, to decrease of the period of detention in the remand prisons of the persons under police investigation and court trial, to restoration of rights and lawful interests of persons sentenced to deprivation of freedom rights of whom were considerably limited in the process of their detention or criminal prosecution. It will also stimulate law-enforcement authorities and courts to more expeditious and effective investigation and consideration of criminal cases and will considerably decrease the possibilities for unsubstantiated detention of persons in the detention facilities.

The document will also ensure bringing the terms of holding in custody and economy of budget funds (related to the decrease of the quantity of detainees) in line with international standards.

However, according to the opinion of Iryna Kuzina, Attorney, the Head of Kharkiv Office of Ilyashev & Partners Law Firm, the law will prompt the persons accused of criminal offences to act dishonestly aiming to delay a trial by lodging numerous and unfounded petitions, claims, challenges and requests to replace attorneys, etc. in order to spend less time in the detention facilities in total.

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