Subject of the dispute – the correctness of closing the criminal proceedings due to violation of pre-trial investigation terms.
The court’s main arguments: First, the period of familiarization with pre-trial investigation materials is not included in the total investigation period. Second, only documents collected by the prosecution are considered pre-trial investigation materials. Third, the defense side does not have the authority to form pre-trial investigation materials and only provides its own evidence upon request.
The Supreme Court confirmed the previous position that the period of the prosecution’s familiarization with the defense materials does not affect the pre-trial investigation terms.
The court’s decision – to leave the prosecutor’s cassation appeal unsatisfied, that is, to support the closure of criminal proceedings.
