Evidence showing that a person is placed on an international or interstate wanted list is a precondition for initiating a special pre-trial investigation.  The court should make sure that the suspect is out of Ukraine and that he or she is placed on a wanted list.

Drozdova & Partners Law Firm Senior Partner Mykhailo Honcharov has drawn attention to this requirement spelled out in Article 297-2 of the Code of Criminal Procedure. The advocate acted as the attorney for a person suspected of an extremely serious crime and in respect of whom an investigation officer filed a request for a special (in absentia) pre-trial investigation.

The Shevchenkivskyi District Court, Kyiv, considered the request. The investigation officer argued that the person did not reside in Ukraine and that, therefore, it was necessary to conduct and complete the pre-trial investigation and to file the bill of indictment with the court.

‘After the examination of the case files, we have revealed a number of violations of the provisions of the Code of Criminal Procedure,’ has said Mr Honcharov. ‘In particular, the case files do not contain any documents saying that the person is placed on any international or interstate wanted list. However, the placing on any such list is a prerequisite to prove that the person is out of Ukraine and officially placed on a wanted list and that, therefore, the pre-trial investigation should be conducted under a special procedure.’

Following the hearing, the court dismissed the prosecuting attorney’s request.

We remind that in accordance with Article 297-4 of the Code of Criminal Procedure the judge is required to dismiss a request for a special pre-trial investigation where the prosecution or investigation officer fails to prove that the suspect has gone into hiding from the investigation authority and the court to avoid criminal liability and has been placed on an international and/or interstate wanted list.

Following the consideration of the request, the reporting judge issues a ruling specifying the reasons for allowing or dismissing such request.