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Адвокат Лисичанск / АДВОКАТ ЛУГАНСК / LAWYER PRACTICE / Articles

E-mail: [email protected]

CHANGES IN THE CODE OF CRIMINAL PROCEDURE OF UKRAINE CONCERNING PARTICIPATION OF LAY ASSESSORS

The law of Ukraine N 3388-VI of may 19, 2011 "On amendments to the Criminal procedure code of Ukraine concerning the participation of people's assessors" amended Criminal procedure code of Ukraine.

In part two of article 17 reads as follows:

"Criminal cases about the crimes for which the law prescribes a penalty of deprivation of liberty for a term exceeding ten years, shall be considered in court of the first instance court collectively consisting of three persons, if the defendant filed a motion for such consideration, and the crimes for which the law provides for the possibility to appoint punishment in the form of lifelong imprisonment, consisting of three persons

regardless of the presence of the petition of the defendant for such examination";

The third part of section 17 is excluded.

In the text of the criminal procedure code, the words "people's assessors" excluded

The first part of article 300 to read as follows:

"The interrogation of the defendant begins with the proposal of the presiding judge to give in to testify, then the defendant is interrogated by the Prosecutor, the public Prosecutor, victim, civil plaintiff, civil defendant, their representatives, defender, public defender. After that, the defendant can be asked questions by the other defendants. Then interrogates the defendant the judge. The court has the right throughout

the interrogation of the defendant parties to the proceedings to ask him questions to clarify and Supplement his responses."

In practice, the judge often takes over the role of the Prosecutor (prosecution) and he first asks questions, trying to figure out all the nuances of the recognition or not of a guilty plea. The judge, while in the excitement of the person who identifies the perpetrator (especially if he does not admit guilt), becoming in the process the second Prosecutor.

The law also requires the judge to take a neutral position. The courtroom is the site of the adversarial nature of the prosecution and the defence, the Prosecutor and the lawyer, and the court must do its conclusion in the jury room and not take active participation in the trial, so as not to arouse suspicion in commitment of one of the sides of the adversarial process.

Additional articles by changes in legislation:

http://donadvocat.com/ru/articles/arest_zalog.html

http://donadvocat.com/ru/articles/zalog.html

http://donadvocat.com/ru/articles/dekriminalizacia.html

http://donadvocat.com/ru/articles/kontrabanda.html

http://donadvocat.com/ru/articles/PROEKT_UPK.html

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