The Criminal Cassation Court of the Supreme Court issues a conclusion on the term of pre-trial investigation for criminal misdemeanours

The court of first instance issued a decision, which was upheld by the court of appeal, closing the criminal proceedings on the misdemeanour, referring to paragraph 10, part 1, Article 284 of the Criminal Procedure Code of Ukraine (criminal proceedings shall be closed where after notifying the person of suspicion, the term of pre-trial investigation specified in Article 219 has expired, except in the case of notifying the person of suspicion of committing a grave or particularly grave crime against life and health of the person).

In the cassation appeal, the prosecution argued that the Criminal Procedure Code of Ukraine sets the deadlines for the investigation of criminal misdemeanours after a person has been informed of the suspicion, and not before that moment, and therefore considered that the termination of the criminal proceedings on the basis of paragraph 10, part 1, Article 284 of the Criminal Procedure Code of Ukraine was incorrect.

The Criminal Cassation Court within the Supreme Court disagreed with such arguments of the prosecution, stating the following.

Part 2 of Article 219 of the Criminal Procedure Code of Ukraine provides that time limits of pre-trial investigation from the moment of entering information on a criminal offence into the Unified Register of Pre-Trial Investigations (URPTI) until the day of notification to the person of suspicion shall be: 1) twelve months in criminal proceedings in respect of minor crimes; 2) eighteen months in criminal proceedings in respect of grave or particularly grave crimes.

Part 2, Art. 298, Ch. 25 of the Criminal Procedure Code of Ukraine "Specific aspects of pre-trial investigation of criminal misdemeanours" establishes the rule that pre-trial investigation of criminal misdemeanours (inquiry) shall be carried out in accordance with the general rules of pre-trial investigation provided for by this Code, with due account of the provisions of this chapter.

In other words, the Criminal Procedure Code of Ukraine does not define the term of inquiry for criminal misdemeanours from the moment the relevant information is entered into the URPTI.

At the same time, criminal misdemeanours under Article 12 of the Criminal Code of Ukraine are the least socially dangerous acts. The next level of danger to the public is minor crime.

Part 2, Art. 219 of the Criminal Procedure Code of Ukraine defines the pre-trial investigation period for minor, grave and particularly grave crimes.

As misdemeanours are less socially dangerous than minor crimes, the investigation period for misdemeanours should not be longer than for minor crimes.

Resolution of the Criminal Cassation Court of the Supreme Court of June 6, 2023 in case No. 461/9707/21 (proceedings No. 51-3012км22) - https://reyestr.court.gov.ua/Review/111431127.

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