Automatic extension of detention violates the right to defense, - says Constitutional Court

The obstacles to access to court and the violation of the right to be heard in court for a person in such an important matter as the extension of the term of detention, established by the provisions of the CPC, mean that it is impossible to exercise the right to defense guaranteed by part two of Article 63 of the Constitution.

This was specifically noted by the Constitutional Court in a case concerning guarantees of judicial review of the observance of the rights of persons held in custody (decision of 18 July 2025 No. 8-r(II)/2024).

In this case, part 6 of Article 615 of the CPC was challenged, according to which «if the term of a court decision on detention expires and it is impossible for the court to consider the issue of extending the term of detention in accordance with the procedure established by this Code, the preventive measure in the form of detention shall be considered extended until the relevant issue is resolved by the court, but for no more than two months».

The Constitutional Court noted that the legislator's regulation of the procedure for resolving the issue of extending the term of detention as a preventive measure in a manner that does not provide for the participation of a court (judge) results in a violation of the constitutional right of everyone to judicial protection (Article 55(1) of the Constitution) in conjunction with the right to liberty and personal inviolability (Article 29(1)) and the right of the accused to defense (Article 63(2)).

The Constitutional Court also stated that, in the context of the case, the human rights and freedoms guaranteed by the aforementioned articles of the Constitution cannot be restricted under martial law. The principles of the rule of law, separation of powers, and respect for human rights and freedoms remain the foundations of Ukraine's democratic constitutional order.

Guided by these and other considerations, the Constitutional Court found Part 6 of Article 615 of the CPC to be unconstitutional.

The full text of the Constitutional Court's decision can be found at link.

We remind you that, in accordance with Articles 63 and 131-2 of the Constitution, a suspect, accused or defendant has the right to defense. Only an advocate may defend against criminal charges.