Case Law of the Supreme Court

Case Law of the Supreme Court
Judicial proceedings
1. The right to appeal against the court’s of first instance selection or continuation of a measure of restraint in the form of detention 2. Obligation of the appellate court to directly examine the evidence 3. The suspension of the pre-trial investigation in connection with the search for a person does not indicate that he/she is evading the investigation, therefore it does not result in stopping the calculation of the statute of limitations for bringing a person to criminal liability 4. A preventive measure in the form of detention applied to a person who is wanted is different from the permission for apprehension with a purpose of compulsory attendance and its selection and can be appealed in the appeal procedure 5. The resolution on the determination of a group of investigators may be submitted to the court at any stage of the trial to verify the authority of a person to conduct a pre-trial investigation 6. A change of the legal qualification of a person's actions, based on the actual circumstances of the case, to a less serious crime by the court of appeal does not require the formulation of a new charge in the court decision 7. The court of appeal shall first establish the elements of a criminal offense in the actions of an accused and then decide on the discharge of the person from criminal liability due to the expiration of the statute of limitations 8. Does transferring bail to support the Armed Forces of Ukraine mitigate the punishment: The position of the Supreme Court 9. The expiration of the pre-trial investigation period leads to the closure of criminal proceedings not only during the preparatory court hearing but also at any stage of the proceedings before the court enters the deliberation room. However, if the motion to close the criminal proceedings is denied, it may be resubmitted 10. The return of an indictment, motion to enforce compulsory medical or reformatory measures to the prosecutor since they do not meet the requirements of the criminal procedure code does not resume the pre-trial investigation
Neglect of official duty (Article 367 of the Criminal Code of Ukraine)

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