of June 30, 1993 No. 3352-XII
About pre-trial detention
Pre-trial detention is measure of restraint which in the cases provided by the Criminal Procedure Code of Ukraine is applied concerning the suspect, accused (defendant) and the convict concerning whom sentence did not take legal effect.
The procedure for pre-trial detention is determined by this Law and the Criminal Procedure Code of Ukraine.
Content of persons taken into custody according to tasks of criminal trial is performed on the principles of strict observance of the Constitution of Ukraine, requirements of the Universal Declaration of Human Rights, other international precepts of law and standards of the treatment of prisoners and cannot be combined with the intentional actions inflicting physical or moral suffering or degrading human dignity.
The purpose of pre-trial detention is the prevention of possible evasion of person taken into custody from bodies of pre-judicial investigation and court, to obstacle to criminal proceedings or occupations criminal activities, and also ensuring execution of sentence and issue of person (extradition) or its transit transportation.
The basis for pre-trial detention is the motivated judgment about election as measures of restraint of detention or about application of temporary or extradition arrest, taken out according to Criminal and Criminal procedural codes of Ukraine and/or the decision of competent authority of foreign state in the cases provided by the law, the judgment about application of measure of restraint in the form of detention at the request of the International Criminal Court about temporary arrest or about arrest and transfer and also the resolution of the prosecutor accepted in cases and procedure, stipulated in Article 615 Criminal Procedure Codes of Ukraine.
Organizations for content of persons concerning whom as measure of restraint it is chosen detention or to which are applied temporary or extradition arrest are pre-trial detention centers of the Public criminal and executive service of Ukraine, guardroom of Military service of law and order in the Armed Forces of Ukraine. In some cases, the investigative actions determined by need for production, these persons can contain in temporary detention centers.
During action of warlike situation in Ukraine and within two years after its termination or cancellation the detained military personnel can keep in the certain isolated rooms of barracks type of military service of law and order in the Armed Forces of Ukraine.
The procedure and term of content of persons detained, in temporary detention center, on guardroom, the certain isolated rooms of barracks type of military service of law and order in the Armed Forces of Ukraine are determined by the legislation of Ukraine.
If persons serving sentence in places of detention or disciplinary battalions are brought to trial for making of other crime and concerning them as measure of restraint is chosen detention, then they under the resolution of person making investigation can contain in the disciplinary insulator or punishment cell of organization of execution of punishments or Military service of law and order in the Armed Forces of Ukraine.
In the cases and procedure provided by the criminal and executive legislation, convicts can be left for work on economic servicing of the pre-trial detention center from their written consent.
During action of warlike situation in Ukraine in connection with impossibility of delivery of prisoners of war it is direct in the camp for content of prisoners of war, for the purpose of providing their life and health such persons can temporarily be in sites for content of the prisoners of war formed in pre-trial detention centers of the Public criminal and executive service of Ukraine.
Prisoners of war who are in such sites are located in the camp for content of prisoners of war as soon as such safe movement becomes possible practically.
During action of warlike situation in Ukraine and within two years after its termination or cancellation in pre-trial detention centers of the Public criminal and executive service of Ukraine sectors of the maximum level of safety for serving sentence by the men condemned to lifelong imprisonment with observance of requirements of strict isolation from other categories of persons which keep in these organizations can be created. Persons who keep in sectors of the maximum level of safety for serving sentence by the men condemned to lifelong imprisonment carry out obligations and have the rights established by the legislation for convicts to lifelong imprisonment, provided by the Penitentiary code of Ukraine.
The central executive body realizing state policy in the field of execution of criminal penalties determines the list of organizations of pre-trial detention for detention of the convicts to imprisonment transferred to Ukraine for serving sentence and also the suspects, persons accused condemned to imprisonment on whom the competent authority of foreign state made the decision on their issue to Ukraine (extraditions) for criminal prosecution or execution of sentence.
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