Criminal proceedings in the form of private prosecution

In the Criminal Procedure Code of Ukraine, the concept of "accusation" is defined as the commission of an act by a certain person, which is brought forward in accordance with the procedure established by the current Ukrainian legislation (Article 3, Clause 13). Criminal proceedings can take different forms. PRIKHODKO & PARTNERS specialists will help analyze each of them.

Forms of indictment in criminal proceedings

Among the forms of indictment in criminal proceedings, the following are distinguished:

• Public prosecution

It is carried out regardless of the desire/reluctance of private individuals.

• Private prosecution

It is carried out exclusively at the request of the victim - a person who has been harmed as a result of the commission of a criminal offense (moral, physical, material). Criminal proceedings shall be closed only if the victim refuses to be charged.

• Private-public

It is carried out in relation to the criminal offense provided for by Articles 126-1 of the Criminal Code of Ukraine. A private-public criminal proceeding is initiated on the basis of the victim. However, unlike a private prosecution, it cannot be closed at the request of the victim.

• Public-private

It begins as a public prosecution, however, after some time it is changed by an article of the criminal code to a private prosecution. Let's consider in more detail what a private prosecution is.

Peculiarities of criminal proceedings in the form of private prosecution

Criminal proceedings in the form of a private prosecution are proceedings that can be initiated by: the prosecutor, the investigator solely on the basis of the victim's statement. The list of criminal offenses is defined by Article 477 of the Criminal Procedure Code of Ukraine.

Among the categories of criminal offenses that are subject to private prosecution (Article 477 of the Criminal Code of Ukraine):

1. Clause 1 of Article 477 – determination of the composition of a criminal offence.
2. Clause 2 of Article 477 – determination of the composition of the criminal offense when it is committed by the victim's wife/husband.
3. Clause 3 of Article 477 – determination of the composition of the criminal offense when it is committed by the victim's wife/husband, family members or close relatives of the victim.

A pre-trial investigation in the form of a private indictment is conducted by an investigator and a prosecutor in accordance with the general procedure of a pre-trial investigation. As mentioned above, the initiation of criminal proceedings in private form is initiated by the victim.

According to the current Ukrainian legislation, it is possible to change a private prosecution to a private prosecution and vice versa. If a criminal proceeding in the form of a private prosecution is reclassified by an investigator during the review process, the pre-trial investigation will be conducted in the general manner (at the same time, the consent of the victim is not mandatory). Similar criminal proceedings are considered in the general procedure by the court. Accusations in court can be supported by the victim or his representatives.

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