Statistical data on the number of verdicts of non-guilty that were adopted by the Ukrainian courts in 2013

14 February, 2014 Newsletters

The statistical data on the  activity of Ukrainian courts in 2013 was published1 on the official portal of the Court System of Ukraine.

According to this data the new Criminal Procedural Code of Ukraine (which entered into force starting from 20.11.2012) did not considerably change the number of verdicts of non-guilty, rendered by Ukrainian courts. Thus, in 2013 all Ukrainian courts rendered verdicts of non-guilty to 295 individuals. This is 20 individuals more than in 2012.

Such statistics obviously contradicts the promises of the officials, which were proclaimed in 2012 during the adoption of the new Criminal Procedural Code of Ukraine.

Please note that by such inconsolable statistics on  verdicts of non-guilty, 122 973 individuals were convicted in 2013 with verdicts of guilty. Thus, the ratio of verdicts of non-guilty to verdicts of guilty in 2013 in Ukraine is 0,24 per cent.

Besides, we would like to mention that criminal proceedings regarding 22 799 individuals were closed by courts without rendering any verdict.

It is worth mentioning that 6 verdicts of non-guilty in 2013 were admitted in criminal proceedings under the Article 212 of the Criminal Code of Ukraine (on charges of intended tax evasion).

At the same time, according to the statistical data for 2013, the courts convicted with the verdict of guilty 113 individuals in proceedings under the Article 212 of the Criminal Code of Ukraine. Thus, ratio of verdicts of non-guilty under the Article 212 of the Criminal Code of Ukraine compared to verdicts of guilty is 5 per cent.

In general, in 2013 336 criminal proceedings under the Article 212 of the Criminal Code of Ukraine reached the courts, in 217 of which courts rendered a decision to close a proceeding.

Opportunely we would like to mention that according to statistical data of the General Procurator’s Office of Ukraine, in 2013 the investigating authorities opened 3069 criminal proceedings under the Article 212 of the Criminal Code of Ukraine. Thus, as evident from the comparison of statistical data, only 10 per cent of criminal proceedings initiated by investigators under the Article 212 of the Criminal Code of Ukraine reach courts, which is a result of existence of mechanism of de facto automatic opening of criminal proceedings after each act of tax audit.

The above commentary presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

Kind regards,

© TOV "KM Partners", 2014

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