Time spent in custody on the territory of a foreign state in execution of Ukraine’s extradition request is credited towards the total term of serving the sentence imposed by the judgment of a Ukrainian court in these criminal proceedings – SC CrimCC

In this criminal proceeding, the courts of previous instances found the person guilty and convicted her under Part 2 of Article 149 of the Criminal Code of Ukraine. In their cassation appeals, the defence counsel and the prosecutor argued that the appellate court had unjustifiably refused to credit the accused with the period of her pre-trial detention in the Federal Republic of Germany as part of the extradition procedure, thereby violating the provisions of Article 577 of the Criminal Procedure Code of Ukraine.

When amending the appellate court’s judgment regarding the imposed punishment, the Supreme Court stated that, in accordance with Article 577 of the Criminal Procedure Code of Ukraine, the time a surrendered person spends in custody on the territory of the requested state in connection with the resolution of the extradition issue to Ukraine, as well as the time of his/her transfer, shall be credited towards the total term of serving the sentence imposed by the judgment of a Ukrainian court.

As can be seen from the case materials, by a resolution of the investigator dated July 29, 2022, the accused was placed on the international wanted list. By a ruling of the investigating judge of the local court dated March 2, 2023, she was granted a preventive measure in the form of detention. On August 30, 2024, in execution of that ruling and in response to a request by Ukrainian law enforcement agencies for her detention (Interpol Red Notice), the person was detained on the territory of the Federal Republic of Germany. On the same day, the Tiergarten District Court issued a ruling extending the term of her detention within the extradition procedure. Later, on October 31, 2024, the Higher Regional Court of Berlin in the extradition case, released her from further detention under bail.

From the content of the copies of documents provided by the defence, as well as responses from the competent authorities submitted by the prosecutor during the cassation hearing, it is evident that the accused was held in custody from August 30 to October 31, 2024, on the territory of the Federal Republic of Germany specifically in execution of Ukraine’s request for her extradition within this criminal proceeding. This fact was confirmed during the cassation hearing by both the prosecution and the defence. Therefore, the panel of judges of the Criminal Cassation Court of the Supreme Court considers it necessary to credit the accused with this period towards her sentence.

Resolution of the Criminal Cassation Court of the Supreme Court dated April 8, 2026, in case No. 607/2285/25 (proceedings No. 51-4647км25) – https://reyestr.court.gov.ua/Review/135655444.

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