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18 January 2012 – the Constitutional Court of Ukraine confirmed lawfulness of the criminal procedural rules on review of the criminal case file
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CreatedWednesday, 18 January 2012
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Created byUkraine
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Last modifiedThursday, 19 April 2012
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Revised byAdministrator
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Favourites686 18 January 2012 – the Constitutional Court of Ukraine confirmed lawfulness of the criminal procedural rules on review of the criminal case file /index.php/home/news/98-legal-developments/686-18-january-2012-ukraine
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The Constitutional Court of Ukraine has recently adopted the decision by which it confirmed the lawfulness of the changes made to the Code of Criminal Procedure of Ukraine (Article 218) with regard to review of the criminal case files by the accused person and his/her criminal defense attorney. Among other things, the Constitutional Court emphasized that the accused person and his/her criminal defense attorney can not be limited in time while reviewing the criminal case file; however, if it becomes evident that such review is aimed at deliberate delay of the criminal proceedings, the investigator upon approval of the prosecutor or the prosecutor has the right to request the court to determine the term for review of the criminal case files. This court decision could be further appealed by the prosecutor, the accused or his/her criminal defense attorney within three days from the day when such decision was rendered.
By law, the decision of the Constitutional Court of Ukraine is final and obligatory for execution on the whole territory of Ukraine.