The Ukrainian ombudsman wants terrorism suspects to be able to be released on bail and placed under house arrest
The Commissioner of the Verkhovna Rada of Ukraine for Human Rights, Valeriya Lutkovskaya, appealed to the Constitutional Court with a proposal to declare unconstitutional the provision of Part 5 of Article 176 of the Code of Criminal Procedure, which states that it is impossible to deal with those suspected of terrorism, crimes against the foundations of the national security of Ukraine, or obstruction of the activities of the Armed Forces of Ukraine. apply a more lenient measure of restraint, other than detention.
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This was reported by the KSU press service.
In her submission, Lutkovskaya explains that an analysis of the provisions of the Code of Criminal Procedure and the Criminal Code states that the provision of part five of Article 176 of the Code of Criminal Procedure excludes cases when it is impossible by law to apply a preventive measure to a previously unconvicted person suspected of committing the relevant specified crimes.
“The provision of the Code of Criminal Procedure violates the principle of proportionality and fairness, which are components of the principle of the rule of law, and, thus, does not comply with the provisions of the first part of Article 8 of the Constitution of Ukraine,” the Ombudsman emphasized.
V. Lutkovskaya also emphasized that “the provision of Part 5 of Article 176 of the Code of Criminal Procedure, which was introduced into the Code by Law of October 7, 2014 No. 1689-VII, makes it impossible to comply with the principle of proportionality in the application of preventive measures in relation to certain categories of crimes by defining for them there is only one possible suppression in the form of detention. Without the opportunity to apply a more lenient measure of restraint than detention, the court will not be able to apply an adequate measure of restraint, taking into account the principle of proportionality.”
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