Article | Criminal Proceeding in Absentia of a Suspect or an Accused in the System of Criminal Justice of Ukraine |
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Authors |
Hloviuk I.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2015 |
Pages | 16 - 25 |
Annotation | The article is dedicated to the issues of place of criminal proceedings in absentia of a suspect or an accused in the system of criminal justice of Ukraine. Criminal proceeding in absentia is proved to take a special place in the system of criminal justice of Ukraine as it is characterized by both summary and complicated criminal procedure. The following conditions of criminal proceedings in absentia (formulated in international standards of fair trail, as well as in case-law of the European Court of Human Rights) are analyzed: ensuring the right to defense referring to the right to counsel and the right to revision. The author advises that the full text of a sentence should be published in national mass media, as well as in the Internet. The special form of reviewing judgments in absentia by a court under the application of an accused is proposed to be enshrined in the Code of Criminal Procedure of Ukraine to exercise the right an accused to revision. |
Keywords | criminal proceedings in absentia of a suspect or an accused, counsel, revision of a case, due notice of an accused on hearing concerned, explicit refusal of an accused to take part in trial, judgement in absentia. |
References | |
Electronic version | Download |