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of February 7, 2003 No. 2

About court practice in cases on crimes against life and health of the person

According to articles 3 and 27 of the Constitution of Ukraine of people, his life and health, honor and advantage, immunity and safety are recognized the highest social value. The right to life is the inalienable right of the person. Nobody can be willfully deprived of life.

Courts of Ukraine in general fulfill requirements of the legislation which regulates responsibility for crimes against life and health of the person. At the same time there are cases when during judicial review of cases of this category violations of both the material, and procedural law are allowed.

For the purpose of ensuring the correct and identical application of the legislation by hearing of cases on crimes against life and health of the person Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts to need of strict observance of requirements of the legislation that provides responsibility for crimes against life and health of the person.

One of important guarantees of implementation of the human right proclaimed articles 3 and 27 of the Constitution for life and health is unconditional accomplishment of requirements of the criminal procedure law by courts concerning providing the rights of victims of the specified crimes.

In cases on crimes of this type courts shall how to ascertain guilt of defendants and to appoint by it punishment, necessary and sufficient for their correction and the prevention of new crimes, and to take all necessary measures for full recovery of the material and moral damage caused to the victims.

2. In case of assignment of punishment according to articles 65-69 of the Criminal code of Ukraine (further - UK) courts shall consider severity of the committed crime, set of all circumstances, it characterizing (fault form, motive, method, nature of committed act, extent of implementation of criminal intent, weight of effects and so forth), the face of the guilty person and circumstance commuting and burdening penalty.

According to p.1 Art. 64 of UK lifelong imprisonment is appointed only in the cases which are specially provided by this Code and provided that the court does not find it possible to apply imprisonment for certain term. Purpose of this punishment shall be based in sentence with obligatory reduction of circumstances which, according to court, interfere with application of imprisonment for certain term. If several people who appoint lifelong imprisonment are found of crime execution guilty, the corresponding motives concerning each of them shall be separately given in sentence.

3. In case several people who acted together with the intention directed to deprivation of life of the victim or damnification to his health are brought to trial it is necessary to find out and specify nature of their actions, extent of participation in crime execution of each of them in sentence. Actions of persons which directly took part in deprivation of life of the victim or damnification to his health should be qualified under the articles of the Criminal Code providing responsibility for premeditated murder or deliberate damnification to health, and actions of organizers, instigators and accomplices who were not collaborators of crimes, - under the same Articles with reference to the corresponding part of Art. 27 of UK.


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