Terms of pre-trial investigation [in ALL criminal proceedings, where no one was notified of suspicion], are terminated until the end of martial law. But what if to get a new angle on?
Investigative bodies and prosecutors interpret the provisions of part 8 of Article 615 of the Criminal Procedural Code of Ukraine so that terms of pre-trial investigation in all criminal proceedings, where no one was notified of suspicion, are terminated until the end of martial law. However, based on legal and grammatical analysis of the above Code, there is an alternative option for interpretation of the above legal provisions, which is rather more optimistic. In particular, the part 8 of Article 615 of the Criminal Procedural Code of Ukraine may be interpreted so that terms of pre-trial investigation are terminated only in respect of “old” criminal proceedings being registered before the martial law was introduced, while terms in “newly” opened criminal proceedings (after February 24, 2022) are not terminated and shall be calculated in normal mode.
The full version of the article is available in Ukrainian by the link.
Kind regards,
SIMILAR POSTS
The “false bottom” of the Draft Law on communication between business and tax authorities No. 9662 
604
It didn’t go well: “Amendments of Lozovyi” were partially canceled
576
Thresholds of criminal liability under Article 212 of the Criminal Code of Ukraine in 2024
2883
An attempt to cancel “amendments of Lozovyi”– business, stand by!
555
Terms of pre-trial investigation in wartime: has the Law No. 3341-IX dotted the i’s and crossed the t’s?
641
Criminal proceedings regarding tax evasion: what has changed during the work of the Bureau of Economic Security of Ukraine?
1480
“Let’s go!”: The Bureau of Economic Security of Ukraine has started its activity
1822
Tax police performance before liquidation.
Statistics of criminal proceedings regarding tax evasion for the first half of 2021
1305
Statistics of criminal proceedings for tax evasion for the first quarter of 2021
2239
Thresholds of criminal liability under Article 212 of the Criminal Code of Ukraine in 2021
41243
No guilt illusion while closing criminal proceedings due to expiration of limitation periods
21970
Statistics of criminal proceedings on taxes for 2020: Goodbye, the tax police! Hello, the Bureau of Economic Security of Ukraine!
2248
Leave a comment