Essence of the Order:
This order amends the procedure for organizing prosecutors’ work in criminal proceedings. The main changes concern monitoring the suspension of pre-trial investigation, responding to reports of violence against detained persons, and the procedure for handling indictments returned by the court.
Structure and Main Provisions:
The order introduces four key additions to the previous order No. 309 dated 30.09.2021:
1. Introduces mandatory verification of the reasonableness and legality of decisions to suspend pre-trial investigation
2. Establishes the procedure for informing a higher-level prosecutor about the suspension of pre-trial investigation
3. Regulates the prosecutor’s actions when receiving information about violence against detainees
4. Defines the procedure for handling indictments returned by the court
Most Important Provisions for Use:
– Prosecutors are obliged to immediately verify all decisions to suspend pre-trial investigation
– In any reports of violence against detainees, the prosecutor must initiate an investigation by the State Bureau of Investigations
– After an indictment is returned by the court, the prosecutor must ensure its correction within reasonable timeframes in accordance with the requirements of the Criminal Procedure Code of Ukraine
