The Constitutional Court of Ukraine declared unconstitutional part five of Article 615 of the Criminal Procedure Code, which allowed extending the detention of Roman Chervinskyi without a court decision under martial law.
Source: Bukvy
Article 615 of the Code defines a special regime of criminal proceedings during martial law. At the same time, its part five provided for the possibility of extending a preventive measure in the form of detention “in case of impossibility of holding a preparatory court hearing.”
Chervinskyi filed a constitutional complaint regarding this provision. According to him, it led to the loss of effective judicial control and allowed a person to be held in custody without proper justification of the charges and risks, and also contributed to the adoption of unreasoned decisions.
“Having examined the issues raised in the constitutional complaint, the Court concluded that part five of Article 615 of the Code does not comply with the Constitution of Ukraine. The provision declared unconstitutional will lose its validity three months after the date of this decision,” the Constitutional Court of Ukraine reported.
The Court also emphasized that the Verkhovna Rada must bring the provisions of the Code into compliance with the Constitution of Ukraine and this decision.
Discussion about this post