According to the Law of Ukraine “On Amendments to the Criminal Code of Ukraine concerning improvement of the order of transfer of pre-trial detention by the court in the sentence” changes in hours. 5CT. 72 of the Criminal Code of Ukraine. Let me remind you that Article. 72 of the Criminal Code establishes penalties rules of addition and offset pre-trial detention. If very briefly describe the essence of the adopted law – the court is credited period of detention at the rate of one day of pre-trial detention for two days of imprisonment.
Thus, according to the changes in the Criminal Code, the court, pre-trial detention period of enrollment on conviction to imprisonment within the same criminal proceedings, in which a pre-trial detention was applied face, produced at the rate of one day of pre-trial detention for two days of imprisonment (in when applied to the face imprisonment).
In the case of the appointment by the court of another punishment than imprisonment, crediting pre-trial detention within the same criminal proceedings in the following order:
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1) The pre-trial detention is transferred to imprisonment in accordance with the ratio determined by the first paragraph of this section;
2) determined in accordance with paragraph 1 of this part of the prison sentence is translated into another kind of punishment according to the ratio determined by the first part of Art. 72 of the Criminal Code of Ukraine.
In appointing the principal punishment, is not mentioned in the first part of this article, the court must fully release the convicted from serving of the main sentence.
The law determines that the pre-trial detention period is included: detention of a person without an order of the investigating judge or the court; detention of a person on the basis of the decision of the investigative judge of the court for leave to detention; keeping a person in custody as a preventive measure, chosen by the judge, the court at pre-trial stage or during the trial of the criminal proceedings; of the accused in an appropriate medical institution stationary during forensic medical or forensic psychiatric examination; stay of the person who is serving a sentence in pre-trial detention for investigation or participate in the proceedings of the criminal proceedings.
The court must release the convict from punishment if the detention served by the convicted person within the criminal proceedings, is equal to or greater than actually appointed him principal punishment prescribed by part one of this article.
If the pre-sentence detention period served by a person who exceeds the ratio specified in the first paragraph of this subsection, the maximum possible term of imprisonment provided for by the Special Part of this Code for the crime (s) in which (are) suspected of such a person, such person It should be immediately released by the court from custody by a court or on the initiative of the person who is exempt, or his counsel (legal representative) or the prosecutor. Exemption allowed in the trial stage of the criminal proceedings and at the stage of pre-trial investigation of the criminal proceedings.
It should be noted that the Act applies to all persons, for which at the time of entry into force of this Act came into force conviction, the penalty for which is fully deserved.
The law is applied, at the request of the convicted person, his family or counsel, the court issued the said conviction, within two weeks from the date of receipt of the request by the court or the court on its own initiative.