NABU urged Poroshenko to veto changes to the CPC, which was adopted by the Parliament
NABU calls on President Petro Poroshenko to veto the amendments to the criminal procedural code adopted by the Verkhovna Rada on 3 October.
This is stated on the website of the NABU.
“Bill No. 6232, which among other things provides for amendments to the criminal procedure code of Ukraine (the so-called “judicial reform”) contains a number of contradictions, which in the case of entry into force, can paralyze the work of the bodies of preliminary investigation”, – convinced the Agency.
“The biggest concern is the amendment to article 219 of the code of criminal procedure, which provides for the restriction of pretrial investigation of serious crimes for up to 6 months from the moment of entering information in eRDR, with the possibility of extending the investigation on the court for another six months”, – stated in the message.
“Stress, disclosure and investigation of complex corruption schemes in such a short time is impossible. For example, in the investigation of the schemes associated with withdrawal of funds abroad, detectives NAB the find string, which is an average of 7-10 units through which stolen from the Ukrainians, the money is transferred to the ultimate beneficiaries. To obtain evidence on the case detectives to perform banking operations of the enterprise each link. In such circumstances, only to disclose the banking secrecy according to article 164 of the criminal procedure code the investigator will need at least 7-10 months, not to mention further expert research” – believe in NABOO.
Another risk of the new norms of the CPC the Department believes the closure in court proceedings, where pretrial investigation exceed six months, upon the initiative of the defendants in the ongoing investigations: “In the proposed Criminal procedural code changes there are no transitional provisions, which were taken from the operation code of the current Affairs where no one is declared suspicion”.
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Controversial in NABOO also consider the provision on the powers of the investigator-judges to determine the feasibility of conducting examinations, the obligations of the investigator prior to conducting a search to apply to the court to request that the owner voluntarily gave vgscan things, objects or equipment, and provide judges the authority to cancel the notice of suspicion and the status of suspect in criminal proceedings.
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“National Bureau believe that the adoption of such changes in the criminal procedural legislation will inhibit the investigation of serious and particularly serious crimes and will make it impossible to bring the perpetrators to justice. The national Bureau urges President of Ukraine to prevent blocking of work of bodies of preliminary investigation, vetiroval controversial changes to the criminal procedure code”, – summed up in the message.