The first offline event within the quarantine – the II International Criminal Law Forum 2020 from “Legal Practice”, which took place in Kyiv on July 29, became an important event in the domestic legal field, enabling leading criminal law experts to meet on “live” platform to discuss new challenges, old problems and future prospects.
In particular, the forum was attended by Yevhen Petrenko, attorney at law, Partner, Head of Criminal Law and Litigation of EUCON Legal Group, and Anna Shyshko, Attorney-At-Law, Associate Partner of EUCON Legal Group.
Within the round table “Crime-Time: current challenges for criminal justice”, EUCON partners discussed the latest decisions of court practice on the inadmissibility of evidence; cases in which the court is obliged to recognize significant violations of rights and fundamental freedoms, as a consequence – to recognize such evidence inadmissible; problems of recognizing clearly inadmissible evidence; application of legal doctrine “fruit of the poisonous tree”; realization by pre-trial investigation bodies of their powers, which are not provided by the CPC of Ukraine, etc.
Yevhen Petrenko and Hanna Shyshko also paid attention to an important aspect of violations, which may result in the admissibility of evidence, which included: conducting investigative actions (NSDS) by an unauthorized person, lack of originals of audio and video recordings of covert investigative actions, violation of the requirements for drawing up a protocol, drawing up a report without the participation of the accused, lack of a decision to record the procedural action, provocation of a crime, violation of the involvement of a person in confidential cooperation.
In addition, the speakers discussed the features of the development of criminal law, criminal justice reform, legislative course to reduce “forceful” impact to business, problems with the application of witness guarantees not to testify, the latest trends in case law on the inadmissibility of evidence, the main problems of the current Criminal Code and their solution through the preparation and adoption of new criminal legislation and the defense counsel’s access to the Unified Register of Pre-Trial Investigations.
The round table was also attended by Stanislav Kravchenko – Chairman of the Criminal Court of Cassation of the Supreme Court; Mykola Khavronyuk – Deputy Chairman of the Working Group on the Development of Criminal Law of the Commission on Legal Reform, Professor, Ph.D. and other.
