INVESTIGATOR’S POWERS IN CASE OF A SUSPECT’S FAILURE TO ARRIVE UPON SUMMON
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article is devoted to analysis of investigator’s powers in case of a suspect’s failure to arrive upon summon. It is stated that in such a case criminal procedural sanctions include compulsory appearance, imposition of pecuniary penalty, conducting special pre-trial investigation, change of a measure of restraint, search, reversion of a bail into the State’s revenue, whereas grounds of imposing them are not always related to each other, especially with regard to a suspect. It is argued that consequences of a suspect’s failure must be proportionate to the character of the failure, that is, whether it happened once or systematically. Thus, the article of the CPC of Ukraine concerning the possibility of announcing the search of a suspect in a case of his failure to arrive subject to the interpretation stated in Article 139 § 5 (‘failure to appear on summon’) should be altered. Consequently, it is proposed that Article 281 § 1 should read as follows: ‘1. If, in the course of the pre-trial investigation, the whereabouts of the suspect are unknown or the person in question is outside Ukraine and fails to appear without a valid reason more than twice subject to its proper notification, than investigator, prosecutor announces his search.’ It is stated that provision 201 of Section XI Transitional provisions of the CPC of Ukraine requires changes in regard to characteristics of failure to appear for investigation and a court within the context of failures to appear to summon. It is proposed that Article 188 § 1 of the CPC of Ukraine reads as follows: ‘Prosecutor, investigator upon approval of prosecutor has the right to file a motion on permission for apprehension for compelled appearance for his participation in consideration of a motion on enforcement of a measure of restraint in the form of custody, house arrest, bail, or change of a measure of restraint in the form of custody, house arrest, bail.
Authors and Affiliations
І. П. Зіньковський
Keywords
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