The Department of Criminal and Legal disciplines of the Faculty of Training Specialists for the National Police of Ukraine invited a graduate and a former associate professor of the University, today a judge of the Supreme Court, Candidate of Law, Associate Professor Mykola Mazur to conduct a practical class on the subject "Criminal Procedure" for students of the group 18-22 of the correspondence and distance learning department. During the meeting the speaker covered the issue of criminal proceedings for crimes related to the occupation of the Crimea and the conflict in Donbas in the absence of the accused (in absentia).
Criminal Prosecution, i.e. the effective prosecution of perpetrators of war crimes and gross human rights violations together with the legal protection of victims of the armed conflict and the improvement of legislation, judicial and investigative practice, is one of the four main areas of transitional justice policy.
However, how can the Ukrainian judiciary bring the perpetrators to justice who are hiding on the temporarily occupied territories (access to which is not available) or on the territory of the country - aggressor?
As international experience shows, this problem is solved by the application of the procedure in absentia. National legislation also provides for the possibility of a trial or all criminal proceedings in the absence of the accused in several cases: removal of the accused from the courtroom (Part 1 of the Article 330 of the Criminal Procedural Code of Ukraine), simplified proceedings for criminal offenses ( Articles 381, 382 of the CPC of Ukraine), in absentia in respect of certain crimes - the procedure of pre-trial investigation and trial of certain crimes (Articles 297-1, 287-5, 323 of the CPC of Ukraine).
In fact, the speaker dedicated the discussion to the last type of the procedure - in absentia - taking into account the importance of the purpose of this procedure - to ensure the inevitability of punishment for certain crimes against the foundations of national security, public safety and corruption crimes. This procedure has become especially relevant for Ukraine, where an armed conflict continues. Mykola Mazur paid special attention to these issues during the webinar.
"The application of in absentia procedure not only allows for the administration of justice in absentia, but due to the application of this procedure important evidences are preserved, the state ensures the official conviction of criminals who have committed serious crimes. The materials of such cases will be further used in the proceedings against Russia in international courts to prove the facts of aggression against Ukraine. In addition, it is possible that the perpetrators will be in Ukraine, and then they will be punished in accordance with the sentences or such sentences can be executed in other countries through the institutions of international legal assistance, "- Mykola Mazur said.
