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,
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