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Ukraine’s parliament introduces new classification of criminal violations

Source : 112 Ukraine

239 MPs supported the proper draft law
14:48, 22 November 2018

Open source

The Verkhovna Rada of Ukraine has adopted the law #7279-d, which regulates the procedure of the investigation of the criminal offense. 239 MPs supported it as 112 Ukraine reported.

The document changes the terminology in the Criminal Code. Earlier the term “crime” was used as the common one, according to the innovation, the phrase “criminal offence” will be used instead of it.

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As before the criminal offense is the socially dangerous action or inaction. If there are the signs of the criminal violation in such action but it does not pose the significant social threat due to its insignificance then it is not the criminal offence.

The criminal offence are:

- the criminal misconduct, the violation which provides the punishment in the form of the fine in the sum of up to $1,836 or another but not the detention;

- grave, with the main punishment in the form of the fine in the sum of up to $612 or the imprisonment up to five years;

- grave, with the main punishment in the form of the fine in the sum of up to $15,308 or the imprisonment up to ten years;

- particularly grave, with the main punishment in the form of the fine in the sum of more than $15,308 or the imprisonment for more than ten years, including the life sentence.

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The preparation of the criminal misconduct is not prosecuted (earlier of the not grave crime). If a person is condemned due to the criminal misconduct, he will be treated as a person with no criminal record after the serving of the sentence.

The draft law provides the exclusion of the norm on the driving of the transport in the drunken state from the Administrative Code and its introduction to the Criminal Code and such violation will become a criminal misconduct.

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According to the acting legislation, the driving of the cars or ships in the drunken state or drugged (and the refusal from the check) is punished in the same way, the fine in the sum of $367 in the first time and with the fine in the sum of $734 if the incident takes place for the second time during a year, and with the fine in the sum of $1, 469 if the incident takes place for the third time during a year. In all these cases, a driver can be deprived of the driving license for some period of time. The punishment for the alcohol, drug or medicine consumption after the car accident does not differ too much.

The law make the amendments to the Administrative Code on the responsibility for the driving of the vessels in the drunken state: the fine in the sum of $612 or the public works during 40-60 hours with the depriving of the right to drive all types of the vessels for one-three years. If a person does not possess the right to drive the vessels and was drunk then the responsibility in the form of $918 or the public works during 40-60 hours with the depriving of the right to drive all types of the vessels for one-three years is provided. The consumption of the drugs after the accident will lead to the fine in the sum of $735 with the depriving of the driving license for three years.

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The Criminal Code provides that the driving of the vehicle under the influence of alcohol, drugs or medicine, pass of the driving to a person in such state, refusal from the check and consumption of such things after the accident can be punished in the form of the fine from $612 up to $1,225 with the depriving of the driving license for three years.

If the violation repeats the fine will be up to $1,836 with the with the depriving of the driving license for two-three years.

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According to the document, some crimes of the medium gravity, particularly, the theft, illegal production, storage and transfer of the drugs and its analogs without intention to sell will become the criminal misconducts.

It is supposed that the investigation of the misconducts will be held in the form of the inquiry with the simplified procedure, including the shortened terms.

The police officers, the representatives of the security body, bodies, which control the tax legislation, representatives of the State Investigation Bureau will be enabled to hold the inquiry. A person who holds it uses the authority of the prosecutor.

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Moreover, the interrogators are authorized to search the detainees in particular cases, hold the tracking and unspoken investigative actions.

If the case is urgent, the interrogator will possess a right to search the site, get the explanations, hold the medical examination, take a statement of the equipment, including photo or video, confiscate the  commit of the crime, goods and documents before the information put on Unified register of pretrial investigations.

The suspect in the commitment of the criminal misconduct can be detained without the regulation of the investigative judge, judge, if a person offers resistance to the law enforcers, refuses to stop the commitment of the crime or is trying to escape as well as if a person is drunk, can harm himself and society. It is possible to detain such person for maximally three hours.

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The prosecutor’s office should send charges along with the materials case to the suspect during three days after the serving of the charges. If a person is detained at the site during 24 hours. It also should do one of the following actions: to close the criminal proceeding, return the materials to the interrogator and extend the term of the inquiry, appeal to the court with the charges and send the criminal proceeding for the holding of the pretrial investigation in case of the signs of the commitment of the crimes.

In its turn, the court should appoint the court session in five days or immediately if a person was detained at the site. if the suspect pleads guilty and does not appeal, the court considers the indictment without the consideration during the court session with the presence of the workers of the court proceeding.

The majority of the norms comes into force from January 1, 2020.

Earlier Ukraine’s Constitutional Court provided a conclusion to the presidential bill on amending the Constitution of the State concerning the integration of the country in the European Union and NATO.

 

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