The UNBA calls to veto the amnesty law due to decriminalization of crimes against advocates
The UNBA received a letter from advocate Maxym Yurchenko concerning the Law “On Amnesty in 2016”, which proposes to decriminalize crimes against advocates.
The UNBA shares the opinion that the draft law no. 4255 may adversely affect the protection of the rights of independent practice of law, including the protection of their health and life from crimes related to professional activities.
The Law "On Amnesty in 2016" was re-adopted following the proposals made by the President on 22.12.2016. However, according to the Verkhovna Rada website, it has not been signed yet by the Speaker or the President, nor has it been published, meaning it has not come into force.
Some provisions of the above law contain discriminatory norms on the basis of profession and violate the rights of advocates to protect their lives and health. Therefore, the UNBA is preparing an appeal to the VRU Speaker and leaders of parliamentary factions, to the VRU Commissioner for Human Rights as well as the President of Ukraine, requesting to veto the law.
A special part of the Criminal Code of Ukraine (CC) contains Section XVIII, which deals with crimes against justice. Due to the adoption of the Law of Ukraine "On Amnesty in 2016", attention should be paid to Articles 377 and 398 CC.
In particular, Article 377 CC provides that victims of the crime are a judge, lay judge, juror and their close relatives. Article 398 CC stipulates that victims of the crime are a defender, representative of a person and their close relatives. It transpires from the draft law (available at http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=58435) that, according to paragraph (e) of Article 9 of the Law of Ukraine "On Amnesty in 2016", amnesty does not cover persons convicted of crimes of threat or violence against a judge, lay judge or juror (Article 377 CC of 2001 and Article 189-4 CC of 1960).
Meanwhile, the list of crimes not covered by the amnesty does not mention Article 398 CC.
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