statement
If an accused person dies after an acquittal verdict has been appealed, the appellate court closes the appellate proceedings (or, where the verdict concerns several persons, closes them in the part concerning the deceased) on the basis of Art. 8, part 6 of Art. 9, point 5 of part 1 of Art. 284, and Art. 417 of the Criminal Procedure Code of Ukraine, except where the verdict was appealed by the defense as to the motives and grounds for acquittal and close relatives or family members of the deceased insist on continuing consideration of that appeal.
A statement by Велика Палата Верховного Суду. Statements are as reported by the cited publishers — not verified by DecisionGateway.
У разі смерті обвинуваченого, стосовно якого в апеляційному порядку оскаржено виправдувальний вирок, суд апеляційної інстанції закриває апеляційне провадження
Related claims
The Grand Chamber of the Supreme Court determined the procedure for appellate review of an acquittal verdict concerning a person who died before its start.Велика Палата Верховного Суду · statementA ruling by an investigating judge establishing a procedural time limit, issued outside the procedure specifically defined by the Criminal Procedure Code of Ukraine, is subject to appeal if it has a decisive influence on the course of the pre-trial investigation or the criminal proceedings as a whole.ВП ВС · statementA ruling by an investigating judge establishing procedural time limits under Articles 28 and 114 of the Criminal Procedure Code of Ukraine, outside the procedures expressly provided for by that Code, is subject to appeal on the grounds provided by paragraph 17 of part 1 of Article 7 and part 1 of Article 24 of the Criminal Procedure Code of Ukraine, provided that such a ruling has a decisive influence on the course of the pre-trial investigation or the criminal proceedings as a whole.post author · statementA ruling of an investigating judge establishing a procedural time limit, issued outside the procedure specifically defined by the CPC of Ukraine, is subject to appeal if it has a decisive influence on the course of the pre-trial investigation or criminal proceedings as a whole.ВП ВС · statementThe conviction was under Part 4 of Article 368 of the Criminal Code of Ukraine.ВАКС · statementThe courts did not consider her arguments on the merits, citing missed procedural deadlines, and neither the second nor the third instance answered whether the blocking is lawful at all.Марина Таубер · allegation