If the investigation period has expired, the case should be closed - UNBA's position

The Ministry of Justice, as part of bringing legislation in line with EU standards, is considering abolishing one of the grounds for closing criminal proceedings, namely the expiration of the pre-trial investigation. The UNBA warns of violations of the suspect's rights.

The relevant comments were sent to the Ministry, which asked the UNBA to express its vision of such initiatives.

As a reminder, according to the current version of clause 10, part 1, Article 284 of the CPC, criminal proceedings are closed when the pre-trial investigation period specified in Article 219 of this Code has expired after the person has been notified of suspicion (except in the case of notifying a person of suspicion of committing a serious or especially serious crime against the life and health of a person).

The UNBA referred to Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees everyone the right to a fair and public hearing within a reasonable time.

Article 283 of the CPC sets out the general provisions for the completion of the pre-trial investigation, according to which a person has the right to have the charges against him or her considered in court as soon as possible or to have them terminated by closing the proceedings.

This provision is intended to discipline the pre-trial investigation body. After all, being suspected or charged has certain restrictive consequences for a person. That is why, in accordance with the law, the prosecutor must take one of the following actions as soon as possible after notifying the person of suspicion:

• close the criminal proceedings;
• apply to the court with a petition to release a person from criminal liability;
• apply to the court with an indictment, a motion for the application of compulsory medical measures.

In view of this, Article 284 of the CPC sets forth the grounds for closing criminal proceedings. One of them is the expiration of the pre-trial investigation.