Subject of the dispute – the correctness of the form of the appellate court’s decision when excluding the pre-trial detention period from the final term of punishment.
The court changed its previous legal position regarding the form of the judicial decision. The main arguments include that the exclusion of the pre-trial detention period is not a modification of punishment, does not reclassify the act as more serious, and does not increase the scope of the accusation. Therefore, the appellate court may adopt such a decision in the form of a ruling, rather than a verdict, as was previously believed.
The court left the ruling of the Kyiv Court of Appeal unchanged and rejected the prosecutor’s cassation appeal.
