The Supreme Court published a review of the judicial practice of the CCS of the SC for April
The Supreme Court published a review of the judicial practice of the Cassation Criminal Court of the Supreme Court for April 2026.
In the field of criminal law, it is emphasized that:
– exemption from serving a sentence with probation for pregnant women and women who have children under seven years old is a right, not an obligation of the court. To apply Article 79 of the Criminal Code of Ukraine, the court must establish formal-legal grounds (contained directly in Article 79 of the Criminal Code of Ukraine and related to certain characteristics of the person) and evaluative grounds (individual features of the specific criminal proceeding, the nature of the offender's actions, their lifestyle, etc.), based on the priority of the child's interests and their upbringing in a family environment;
– the absence in the indictment, recognized by the court as proven, and in the materials of the criminal proceeding of data on the use of a mobile phone during or for the commission of a criminal offense makes its special confiscation impossible, and therefore the phone must be returned to the owner;
– the use of a hand fragmentation grenade brought to combat readiness in the yard of a house in a private sector among other people's residences indicates an intent aimed at depriving the victim of life in a manner dangerous to the lives of many persons.
In the field of criminal procedural law, it is noted that:
– if necessary, the materials of criminal proceedings concerning several persons suspected of committing one criminal offense may be combined by the court into one proceeding, which is a right, not an obligation of the court;
– a ruling of the investigating judge refusing to satisfy a person's complaint against the prosecutor's refusal to enter information into the Unified Register of Pre-Trial Investigations under Article 214 of the Criminal Procedure Code of Ukraine is subject to appeal;
– the time a person is held in custody on the territory of a foreign state in execution of Ukraine's request for their extradition is counted towards the total term of serving the sentence imposed by the verdict of a Ukrainian court in this criminal proceeding.
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