Placement of a detained accused in a glass booth in the courtroom instead of next to their lawyer outside the booth does not violate the right to defence – SC CrimCC

In this criminal proceeding, the lower courts found the accused guilty and convicted him under Part 1 of Article 121, Part 1 of Article 263, and Part 2 of Article 289 of the Criminal Code of Ukraine. In the cassation appeal, the defence counsel claimed a violation of the accused’s right to defence due to the first-instance court’s refusal to grant the motion allowing the accused to sit next to his lawyer instead of inside the glass booth.

Upholding the judgment of the court of appeal, the Supreme Court ruled that, in accordance with the Instructions on the Organization of Convoy and Detention in Courts of Accused (Defendants) and Convicted Persons, the place for holding accused (defendants) and convicted persons in the courtroom must be equipped with barriers in compliance with the requirements of the State Building Codes of Ukraine. Windows in courtrooms, regardless of floor level, must be fitted with bars. These Instructions do not provide for any cases in which an accused person in custody may be present in the courtroom outside the designated enclosure. Furthermore, the Instructions do not authorize the presiding judge to permit an accused in custody to remain outside the specially designated area.

Courtroom security is a condition for a fair trial, given the importance attached to the rights of the defence. Therefore, any measures that restrict the accused’s participation in the court hearing or impose limitations on them or their relationship with their lawyer must be applied only as long as necessary and must be proportionate to the risks in each specific case. In this criminal proceeding, the convicted person was accused of committing serious crimes punishable by imprisonment, had multiple prior convictions for serious offences, and all enclosures installed in courts for holding accused persons comply with requirements of the State Building Codes of Ukraine and allow defendants to effectively exercise their rights, including the right to defence and communication with their lawyer.

Resolution of the Criminal Cassation Court of the Supreme Court dated November 6, 2025, in case No. 335/4734/18 (proceedings No. 51-4644км24) – https://reyestr.court.gov.ua/Review/131713639.

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