The period from the moment of making a decision to close criminal proceedings in which no person was notified of suspicion until its cancellation by the prosecutor is not included in the pre-trial investigation period - SC Criminal Cassation Court

If the prosecutor cancels the decision of the investigator, detective or prosecutor to close the criminal proceedings in which no person has been notified of the suspicion on the grounds of its illegality and unfoundedness, the period from the date of the decision to close the criminal proceedings until the date of its cancellation shall not be included in the pre-trial investigation period.

The Joint Chamber of the Criminal Cassation Court of the Supreme Court reached this conclusion after considering the convict's cassation appeal.

According to the Joint Chamber of the Criminal Cassation Court, the closure of criminal proceedings is a form of completion of the pre-trial investigation, which is the final stage of the investigation, in which the prosecutor, investigator or detective summarises the proceedings, analyses and evaluates the totality of the evidence collected and, on this basis, formulates in the decision the conclusion that further proceedings are impossible due to the existence of circumstances provided for by law.

In fact, from this moment on, the criminal prosecution is terminated, as further investigative (detective) actions and the collection of evidence are impossible, the powers to make procedural decisions and perform procedural actions by the subjects of pre-trial investigation are terminated, and the function of judicial control over the observance of the rights and interests of persons during pre-trial investigation is terminated. Once the criminal proceedings have been closed, further investigation is not possible until the decision to close the criminal proceedings has been revoked.

Thus, the closure of criminal proceedings as one of the forms of closure of the investigation leads to the termination of the investigation.

The law entitles the investigator or detective to close the criminal proceedings in the cases provided for in paragraphs 1, 2, 4-1, 9, 9-1 of part 1 of Article 284 of the Criminal Procedural Code of Ukraine if no person has been notified of suspicion. The right to close criminal proceedings is also granted to the investigator, detective in cases provided for in part 10 of Art. 284 of the Criminal Procedural Code of Ukraine.

So, taking into account the terms of pre-trial investigation in closed criminal proceedings, when the Criminal Procedural Code of Ukraine does not provide for the performance of procedural actions and the adoption of procedural decisions, contravenes the requirements of Article 2 of the Criminal Procedural Code of Ukraine.

The Joint Chamber of the Criminal Cassation Court emphasised that in criminal proceedings in which no person has been notified of suspicion, there can be no restriction or violation of human rights within the meaning of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, since the guarantees of the Convention relate to the prohibition of restrictions/limitations of the rights of a particular person under investigation or suspect.

The Resolution of the Joint Chamber of the Criminal Cassation Court of 1 April 2024 in case No. 178/50/20 (proceedings No. 51-2713kmo23) - https://reyestr.court.gov.ua/Review/118195488.

This and other legal positions of the Supreme Court can be found in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.