Proceedings in absentia in the legal system of Ukraine: SC CrimCC President and SC judges took part in expert discussion

The institution of special pre-trial investigation and trial in absentia, i.e. in the absence of the accused, was introduced in 2014. Since that time, the relevant law enforcement practice has undergone significant changes.

When implementing this institution, the courts consider the European Convention on the International Validity of Criminal Judgments, in addition to Resolution (75)11 of the Committee of Ministers of the Council of Europe of 19 January 1973 on the criteria governing proceedings in the absence of the accused. When considering criminal proceedings under the in absentia procedure, the highest standards of justice must be observed.

This was stated by Oleksandr Marchuk, President of the Criminal Cassation Court of the Supreme Court, during an expert discussion on in absentia proceedings in the Ukrainian legal system.

Oleksandr Marchuk emphasised that the number of criminal proceedings considered in absentia has increased during the war. Therefore, according to the SC CrimCC President, the legal analysis carried out by Jeremy McBride, an international consultant of the Council of Europe, as well as the comparative studies on criminal proceedings in absentia in certain member states of the Council of Europe, prepared by international experts, will make it possible to adopt best practices and improve the in absentia procedure in national legislation and law enforcement.

Judges of the Supreme Court in the Criminal Cassation Court Serhii Fomin, Ihor Ivanenko and Viacheslav Nastavnyi joined the discussion.

The event was organised by the Council of Europe project ‘Fostering human rights in the criminal justice system in Ukraine’ in cooperation with the Supreme Court and the Prosecutor General's Office.