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The court of first instance sentencing the convicted person did not include in the sentence the period of his detention on the territory of the Russian Federation pursuant to the Ukrainian extradition order.
The Kyiv Court of Appeal upheld this verdict, pointing out that the request for extradition had not been granted, that the convict was detained on the territory of Ukraine, and that he was therefore not a person requested by the state within the meaning of Article 577 of the Criminal Procedure Code of Ukraine, and that the provisions of this article could not be applied to him.
Overturning the decisions of the previous instances, the Criminal Cassation Court of the Supreme Court included the time spent in detention on the territory of the Russian Federation in the total term of the sentence in accordance with Article 577 of the Criminal Procedure Code of Ukraine. Thus, the Criminal Cassation Court of the Supreme Court stated that, according to the information provided by the defence, it is clear from the duly certified documents and materials of the proceedings that the convicted person was kept in custody on the territory of the Russian Federation between 19 March 2015 and 8 July 2016 pursuant to the order of Ukraine on his extradition in the framework of this criminal case. This fact was confirmed by both the prosecution and the defence before the cassation court, and therefore this period should be included in the total sentence imposed on the convicted person by the local court.
Resolution of the Criminal Cassation Court of the Supreme Court of July 06, 2023 in case No. 754/1100/17 (proceedings No. 51-2002êì23) - https://reyestr.court.gov.ua/Review/112164279.
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