Вісник Харківського національного університету внутрішніх справ (Jul 2023)
Peculiarities of procedural decision-making during pre-trial investigation of high-profile offences a sexual nature committed against children
Abstract
Based on the analysis of regulatory legal acts and investigative and judicial practice, certain peculiarities of procedural decision-making during pre-trial investigation of high-profile criminal offences of a sexual nature committed against children have been highlighted, namely, with regard to: the formation of an investigative team or an investigative and operational team; the application of security measures; the conduct of criminal proceedings in a closed court session; and the application of measures to ensure criminal proceedings. It has been noted that for a comprehensive, complete and impartial pre-trial investigation of high-profile criminal offences, including sexual offences committed against children, the need to establish an investigative team is provided for at the regulatory level. In addition, the law provides for the possibility for an investigating judge or court to decide to conduct criminal proceedings in a closed court session during the entire trial or a separate part of it in the case of a criminal offence against sexual freedom and sexual inviolability of a person (Article 27(2)(2) of the CPC of Ukraine). Court practice has shown examples of such a decision being made in the case of choosing a preventive measure for a person suspected of committing sexual offences, in particular those committed against children, and during the interrogation of a person during a pre-trial investigation in a court hearing. A procedure for application of measures to ensure criminal proceedings during the pre-trial investigation of the category of criminal offences under study, in particular, suspension from the duty, and preventive measures has been analysed. It has been established that, for the most part, preventive measures are chosen taking into account the risks envisaged by Article 177 of the CPC of Ukraine, the severity of the punishment which the suspect faces if found guilty of the criminal offence of which he or she is suspected, the data on the suspect's identity, and the resonance of the criminal offence committed.
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