If necessary, the materials of criminal proceedings against several persons suspected of committing a single criminal offence may be consolidated by the court in a single proceeding, which is a right, rather than an obligation of the court – SC CrimCC

In these criminal proceedings, the courts of lower instances found the accused guilty and convicted him under Part 2 of Article 121 of the Criminal Code of Ukraine. In the cassation appeal, the convicted person argued that the groundless refusal of the local court to consolidate his case with the criminal proceedings against an accomplice complicated the trial and violated his right to defence.

Leaving the decisions of the lower courts unchanged, the Supreme Court pointed out that it does not consider the local court's refusal to consolidate the criminal proceedings against the convicted person and another person to be a material violation of the criminal procedural law.

Pursuant to the meaning of Part 1 of Article 334 and Part 1 of Article 217 of the Criminal Procedure Code of Ukraine, the materials of criminal proceedings against several persons suspected of committing a single criminal offence may be consolidated into a single proceeding if necessary. That is, rendering such a decision is a right, rather than an absolute obligation of the court.

In these proceedings, the court found no grounds for consolidating the criminal proceedings, as it would complicate the trial and result in a violation of reasonable time limits for consideration. Conversely, the cassation appeal does not specify how the separate trial against the convicted person affected the legality and validity of the guilty verdict.

Resolution of the Criminal Cassation Court of the Supreme Court dated April 7, 2026, in case No. 755/18292/23 (proceedings No. 51-2855км25) – https://reyestr.court.gov.ua/Review/135733989.

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