administration of the workplace or
educational institution.
Police:
…
Shall notify in accordance with
the procedure approved by the Cabinet
of Ministers of Ukraine, the Center for
free secondary legal aid on each case of
apprehension, arrest or detention of
persons, except for cases where such
person defends him/herself or
requested a defender…
of apprehension may jeopardize pretrial investigation, he may make such
informing himself without, however,
breeching the requirement concerning
its immediacy.
According to Article 2084 of the
CPC, a competent official who
apprehended the person, shall be
required to […] inform promptly other
persons of his apprehension and
whereabouts in accordance with Article
213 of this Code.
The CPC does not provide for any
exception on notification of the Center
for free legal aid on the person’s
apprehension.
Article 213 of the CPC of
Ukraine.
4. An officer who carried out the
apprehension should notify the body
(institution) authorized by the law to
provide legal aid at no cost
immediately.
Contents of the written notice of suspicion do not include the time of actual
apprehension and the time of serving the notice
Contents of the written notice of suspicion are defined by Article 277 of the
Criminal Procedure Code of Ukraine whereby written notice of suspicion shall be
drawn up by public prosecutor or by investigator upon approval of public prosecutor.
In addition to other information, it should include brief description of actual
circumstances of criminal offence of which the person is suspected, including time,
place of the commission of criminal offence, as well as other essential circumstances
that are known at the time of notifying of the suspicion.
However, despite an established term for serving the notice of suspicion (within
24 hours from actual apprehension) in the CPC, Article 277 does not contain a
requirement for indication of the date and time of actual apprehension, as well as the
date and time of serving the notice of suspicion to the person.
Therefore, it is impossible to verify compliance with Article 278 of the CPC of
Ukraine (written notice of suspicion shall be served to apprehended person within 24
hours after he has been apprehended) based on the contents of the notice of suspicion.
97
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