Personal confession of a criminal offence filed by a person after its detection by law enforcement agencies or other persons and awareness of the risks involved is not considered a confession - SC CrimCC

This conclusion was reached by the Criminal Cassation Court within the Supreme Court following the consideration of criminal case No. 444/1898/23.

In this proceeding, a logistician of a company specialising, in particular, in international transport was convicted under parts 1, 2 of Art. 332 of the Criminal Code of Ukraine, namely for entering information into the Shlyakh system about persons liable for military service who are not employees of the company as drivers of vehicles belonging to the company in order to cross the state border of Ukraine without hindrance, thereby facilitating 51 people in illegal transportation across the state border of Ukraine.

 The local court, whose verdict was upheld by the court of appeal, released the logistician on probation, stating that the convicted man had personally confessed to the crime, was genuinely sorry for it and had actively contributed to the uncovering of the crime.

In overturning the decision of the court of appeal and ordering a retrial in the court of appeal, the Supreme Court noted that in this case the pre-trial investigation had been initiated on the basis of a complaint by the director of the company that the company's logistician had entered into the Shlyakh system information about persons who were not employees of the company as drivers of vehicles belonging to the company in order to cross the state border of Ukraine without hindrance, and not in connection with the convicted person's complaint. The above cannot be considered as a confession, as the confession was made by the convict after realising the risks and being discovered by law enforcement agencies or other persons.

Resolution of the Criminal Cassation Court of the Supreme Court of 17 September 2024 in case No. 444/1898/23 (proceedings No. 51- 7116км23) - https://reyestr.court.gov.ua/Review/121847604.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.