Asters' Senior Associate Viktor Duma and Associate Tetiana Popovska spoke at IX Criminal Law and Procedure Conference arranged by Ukrainian Bar Association (UBA). The event took place on 12-13 December 2022 and gathered attorneys-at-law, lawyers, judges and representatives from the state authorities to discuss the most topical issues in the field of criminal law and procedure, namely:
Asters' Partner and Head of UBA's Committee on Criminal and Criminal Procedural Law Sergiy Grebenyuk welcomed the participants and reported on the Committee's activities – expert support to the state authorities on investigation of war crimes as well as on issues related to compensation of damages caused by Russia's war against Ukraine.
Viktor Duma shared recommendations on how to arrange the working day of the lawyer in case of air raids, lack of electricity and connection, impossibility to use public transport. He also told about the work of courts in wartime and explained the position of the Bar Council of Ukraine on the valid reasons for the lawyer's non-appearance in court. His presentation is available here.
Tetiana Popovska explained problematic aspects and consequences of the suspension of criminal proceedings in wartime. She analysed the provision of the Criminal Code of Ukraine on suspension of criminal proceedings when one of the defendants has been mobilised and the continuation of criminal proceedings for the remaining defendants. Tetiana raised the question of how to proceed with the documents of the mobilised accused – the need/possibility to issue them in separate criminal proceedings. She explained the consequences of such a step, especially for the cases with complicity and also suggested the ideas on how to settle certain procedural uncertainties in this regard.
The recording of the conference is available via the links: