ORGANIZATION OF PUBLIC PROSECUTION OF PUBLIC PROSECUTION IN CRIMINAL PROCEEDINGS ON HUMAN TRAFFICKING

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ORGANIZATION OF PUBLIC PROSECUTION OF PUBLIC PROSECUTION IN CRIMINAL PROCEEDINGS ON HUMAN TRAFFICKING

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue

Abstract

The article is devoted to the study of the peculiarities of the prosecutor's support of public accusation in criminal trials on the facts of human trafficking. It was stressed that the effective activity of the prosecutor is an obligatory and very important stage of the criminal process aimed at preventing and countering crime in this sphere. The article highlights issues that require increased attention of the prosecutor during the preparatory court proceedings and the trial. So, taking into account the sanctions of parts 2 and 3 of article 149 of the Criminal Code of Ukraine, which provide for punishment of up to 12 and 15 years of imprisonment respectively, it is noted that the prosecutor should raise the issue of judicial proceedings in a collegiate court composed of three professional judges. Attention has been drawn to the fact that in a significant number of cases the circumstances of criminal proceedings on trafficking in persons meet the criteria determined for taking a decision on the implementation of criminal proceedings in a closed court session during the entire trial or a part thereof. The likelihood of the unlawful influence of the defendants (defendants) in these criminal proceedings on the victims and witnesses giving the expository evidence is extremely high. In this regard, it was pointed out the need to address the issue of the application of the security measures in the order and in the amounts provided for by the Criminal Procedure Code of Ukraine and the Law of Ukraine «On ensuring the security of persons participating in criminal proceedings», primarily ensuring the confidentiality of information about a person, video conferencing, etc. The technique of preparation of the prosecutor for trial, systematization of materials of criminal proceedings, analysis and evaluation of collected evidence, planning of his activities, peculiarities of interrogation of the accused and the suspect is disclosed. The data of judicial statistics on the practice of imposing punishment for committing crimes of this category are given. Attention is drawn to the tendency of courts to apply excessively mild penalties that are not necessary and sufficient to correct criminals and prevent the commission of new crimes.

Authors and Affiliations

С. В Шмаленя

Keywords

human trafficking criminal proceedings public prosecution prosecutor preparatory litigation trial judicial debate.

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EP ID EP480489
DOI -
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