Criminal Procedure Law of Ukraine - Exam Review

These vocabulary flashcards cover the fundamental terms and procedural rules of the Ukrainian Criminal Procedure Code (KPK) as outlined in the lecture notes, including pre-trial stages, trial conduct, and international cooperation.

Due process of law in criminal proceedings

The legally established order for performing procedural actions and making decisions that complies with the rule of law, the status of the individual, and the circumstances of the case, ensuring all proper procedural guarantees.

Adversarial nature of parties (Змагальність)

A principle where the prosecution and defense independently uphold their legal positions and rights, having equal rights to gather and submit evidence, while the court performs a leading and decisive role.

Right to defense

The guaranteed opportunity for a suspect or accused person to protect their rights personally or through a defense attorney, utilizing all procedural guarantees including the right to remain silent and access to legal aid.

Presumption of innocence

The principle that a person is considered innocent until their guilt is proven and established by a court's guilty verdict that has entered into legal force.

Standard of proof: "Beyond a reasonable doubt"

The requirement that the prosecution must prove guilt to a level where no reasonable doubt remains; any remaining doubts are interpreted in favor of the accused.

Investigating judge (Слідчий суддя)

A judge of the court of first instance who performs judicial control over the protection of human rights and freedoms during the pre-trial stage of criminal proceedings.

Procedural leadership (Процесуальне керівництво)

The form of oversight by the prosecutor over the observance of laws during pre-trial investigations, involving the organization, coordination, and control of the legality of the investigation.

Suspect (Підозрюваний)

A person who has been notified of suspicion, detained on suspicion, or one for whom a notification of suspicion has been prepared but not served due to unknown location.

Accused (Обвинувачений)

A person against whom an indictment (обвинувальний акт) has been submitted to the court.

Inadmissibility of evidence

The status of evidence obtained through a significant violation of human rights and freedoms, which a court cannot reference in its verdict or ruling.

Fruit of the poisonous tree doctrine

The rule that everything derived from an illegal piece of evidence is also considered inadmissible.

ERDR (Єдиний реєстр досудових розслідувань)

The Unified Register of Pre-trial Investigations; the database into which information must be entered within $24$ hours of a report to officially start a criminal investigation.

Measures of restraint (Запобіжні заходи)

Preventive measures such as personal recognizance, personal guarantee, bail, house arrest, or detention, used to ensure the proper behavior of the suspect/accused.

Detention (Затримання)

A temporary measure of restraint involving isolation that can last up to $72$ hours, by which point the person must be released or brought to court.

Drive-in (Привід)

The forced delivery of a person to an investigator, prosecutor, or court if they have been properly summoned but failed to appear without a valid reason.

Temporary access to things and documents

A measure that allows a party to the proceedings to familiarize themselves with, copy, or seize items/documents based on a court ruling for a period not exceeding $2$ months.

Standard term for detention during pre-trial investigation

A single ruling or extension of detention allows for a maximum of $60$ days, not to exceed a cumulative total of $12$ months for grave and especially grave crimes.

In absentia proceedings

A special pre-trial investigation and trial conducted when the suspect or accused is hiding in temporarily occupied territories or is on the international wanted list.

Preparatory court hearing

A session held no later than $5$ days after receiving the indictment where the court checks the possibility of starting the trial, resolves motions, and ensures the case is ready for consideration.

Boundaries of the trial

The rule that the court considers a case only regarding the specific person accused and only within the scope of the charges in the indictment, unless changing the qualification improves the defendant's position.

Direct examination (Прямий допит)

The initial questioning of a witness by the party that called them, where leading questions are generally prohibited.

Cross-examination (Перехресний допит)

Questioning of a witness by the opposing party after the direct examination, where leading questions are permitted.

Court debates (Судові дебати)

The stage where participants present their final arguments regarding what was established in court based on the evidence, before the judge retires to the deliberation room.

Newly discovered circumstances (Нововиявлені обставини)

Facts unknown to the court at the time of the trial, such as falsified evidence, perjury, or the cancellation of a foundational court decision, that justify an post-verdict review.

Extradition (Видача осіб)

The transfer of a person between states for criminal prosecution (pre-trial), for the administration of justice (trial), or to execute a final court sentence.

Non bis in idem

The principle that no one shall be tried or punished twice for the same offense; a mandatory ground for refusing extradition if the person has already been judged for the act.

Universal jurisdiction / Transfer (Перейняття)

A form of international cooperation where Ukraine, at the request of another state, investigates and tries a crime committed abroad, provided the person is a citizen or cannot be extradited.