Print   

Unofficial translation

Criminal Procedure Code of Ukraine

(...)

Article 20 – Public Court Examinations

In all courts, cases shall be examined publicly, unless this contradicts the interests of protection of state secrets.

Besides that, closed court proceedings shall be allowed under a substantiated court decision in cases of offences committed by persons, who were under 16 years of age, in cases of sexual offences, as well as in other cases, in order to prevent publicity of information on intimate details of personal life of persons, who participate in such a case, and if it is necessary for the interests of security of persons under protection. Cases in closed court sessions shall be examined according to all rules of court procedure. Court sentences shall be proclaimed publicly in all cases.

(...)

Article 28 – A Civil Lawsuit in a Criminal Case

A person, who suffered material damages from a crime, shall have the right, in the course of examination of a criminal case, to submit a civil lawsuit against an accused or persons, who bear material responsibility for the actions of the accused; the civil lawsuit shall be examined by a court jointly with the criminal case.

Closure of a criminal case due to reasons stipulated in articles 7 and 7-1 of this Code, shall not free a person from the obligation to compensate; according to procedures established by law, material damages caused by such a person to public and non-governmental organisations or citizens.

A civil lawsuit may be submitted both at the time of pre-trial investigation and inquiry, and at the time of court examination of a case, but prior to initiation of court investigation. A refusal to accept a civil lawsuit shall deny a suitor to submit the same lawsuit in a criminal case.

A person who has not submitted a civil lawsuit in a criminal case, as well as a person, whose civil lawsuit was not proceeded, shall have the right to file the lawsuit under civil law procedures.

A civil claimant and a civil defendant, in the course of examination of a civil lawsuit in a criminal case or in the course of examination of a lawsuit on compensation of material damages, caused by a person, whose criminal case was closed according to reasons, stipulated in articles 7 and 7-1 of this Code, shall be exempt from the requirement to pay legal costs.

Article 29 – Ensuring Compensation of Damages Caused by a Crime, and Enforcement of a Sentence, Incorporating the Confiscation of Property

Should there be sufficient evidence that a crime has resulted in material damages or in expenses of a health care facility, associated with hospital treatment of the victim of the crime, a body of inquiry, an investigator, a prosecutor and a court shall be obliged to take measures to ensure compensation under a civil suit.

A prosecutor shall initiate a civil lawsuit or support a civil lawsuit, filed by a victim for compensation of damages caused by a crime, if it is so required for the protection of interests of the state and citizens, who cannot protect their rights themselves due to state of their health or other reasonable excuses.

In the course of proceedings of a criminal case on an offence that can entail confiscation of property as an additional sanction, a body of inquiry, an investigator, a prosecutor shall take measures to ensure potential confiscation of property of the accused.

(...)

Article 49 – A Victim

A victim shall be recognised as a person, who suffered moral, physical or material damage as a result of a crime. A body of inquiry, an investigator and a judge shall issue resolutions on recognition or non-recognition of a person as a victim of a crime, and a court shall issue a court order on these matters.

A citizen, recognised as a victim of a crime, shall have the right to testify in a case. A victim and his/her representatives shall have the following rights: to submit evidence, to submit requests, to review all materials on the case from the moment of completion of pre-trial investigation, or from the moment of transfer of the case for court examination (in cases, that do not incorporate pre-trial investigation); to participate in court examination; to submit motions on dismissal; to appeal against actions of a person in charge of inquiry, an investigator, a prosecutor and a court, as well as to appeal against the court sentence or court orders and resolutions of a people's judge; and, provided relevant reasons – the right to be granted security.

In cases, stipulated in this Code, a victim shall have the right to pursue a charge in the course of court examination, personally or via his/her representative. A victim can participate in court debates. In cases on crimes, that resulted in death of a victim, the rights stipulated in this article, shall be granted to his/her close relatives.

(...)

Article 52-3 – Non-disclosure of Information on a Person under Protection

Non-disclosure of information on a person under protection can be made by minimising information on such a person in inspection materials (statements, explanatory notes, etc.), as well as in protocols of investigation actions and court sessions. A body of inquiry, an investigator, a prosecutor, a court (a judge), after making decision on application of security measures, shall issue a motivated resolution, or a court order on replacement of the genuine name, family name and patronymic of a person under protection by a pseudonym. Later on, procedural documents shall refer to the pseudonym only, while the genuine name, family name and patronymic (date of birth, marital status, employment or position, place of residence and other identification data of the person under protection) shall be referred to only in the resolution (court order) on replacement of genuine identification data. Such resolution (court order) shall not be incorporated into the case materials and shall be stored separately by a body, dealing with the criminal case

If the genuine name of a person under protection is replaced by a pseudonym, protocols of investigation actions and other documents, containing genuine information on the person, shall be withdrawn and stored separately, while copies of the above documents, containing the pseudonym instead of the genuine name of the person shall be added to the case materials.

Information on security measures and persons under protection shall be treated as a limited assess information. Documents, that contain such information, shall not be covered by rules, stipulated by paragraph 2 of Article 48, articles 217-219 and 255 of this Code.

(...)