Ensuring the right to defense immediately following actual apprehension of a person constitutes one of the most effective tools for prevention of ill-treatment and violations of other rights of apprehended person. According to Article 29 of the Constitution of Ukraine, every person, arrested or detained, shall be given an opportunity to personally defend himself/herself or to receive legal assistance from a defender. Part two of Article 62 of the Constitution of Ukraine guarantees the right of a suspect to legal assistance, and such assistance shall be rendered free of charge in cases stipulated by law (Article 59§1 of the Constitution of Ukraine). The right to defense is also enshrined in a number of articles of the Criminal Procedure Code of Ukraine:  Article 20§1 of the CPC established the right of an apprehended person to benefit from a legal assistance of a defense counsel;  Article 20 §3 of the CPC, Article 42 §3(3) of the CPC guarantees the right to have services of a counsel provided at the cost of the state in the cases stipulated for in this Code and/or the law regulating provision of legal aid at no cost including when no resources are available to pay for such counsel;  Article 49 §1(2) of the CPC establishes an obligation for the to ensure participation of a defense counsel in criminal proceedings when the suspect, accused filed a plea on committing a defense counsel but for reasons of lack of funds or for other objective reasons, is unable to commit one on his own;  According to Article 208§4 of the CPC, a competent official who apprehended the person without investigating judge’s, court’s ruling, shall be required to immediately inform the apprehended person of his/her rights, including the right to involve a defense counsel;  According to Article 213§4 of the CPC, an officer who carried out the apprehension should notify the body (institution) authorized by the law to provide legal aid at no cost immediately, and in case the defense counsel fails to arrive within the period established by the law, immediately advise such body (institution). Article 5 §8 of the Law of Ukraine “On Militsiya” establishes a duty of police officers to ensure the possibility to benefit from legal assistance by defender from the moment of apprehension, including free legal assistance in accordance with the law regulating provision of such assistance. In accordance with Article 14 §1(5) of the Law of Ukraine “On Free Legal Aid”, persons apprehended on suspicion of crime, have the right to free legal aid. In addition, the Cabinet of Ministers resolution #1363 dated 28 December 2011 approved the Procedure for notification of the centers for free secondary legal aid on apprehensions of persons14. The said procedure establishes general requirements and mechanism for notifying centers for free secondary legal aid on cases of apprehension 14 http://zakon4.rada.gov.ua/laws/show/1363-2011-%D0%BF 55

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents