On July 1, 2020, a criminal offense (hereinafter referred to as a misdemeanor) was introduced in Ukraine. A misdemeanor is an act or omission punishable by a fine of no more than 3,000 non-taxable minimum incomes, which currently amounts to UAH 51,000. or other non-severe non-custodial punishment.
Examples of such misdemeanors now include theft (Part 1 of Article 185 of the Criminal Code of Ukraine), fraud (Part 1 of Article 190 of the Criminal Code of Ukraine), illegal actions with drugs (Part 1 of Article 309 of the Criminal Code of Ukraine), light bodily injuries ( Part 1 of Article 125 of the Criminal Code of Ukraine).
Misdemeanors can be investigated by authorized persons of the police, SBU, tax, state investigation bureau, on the general rules for pre-trial investigation of criminal offenses, but there are some exceptions.
Until the misdemeanor is registered in the unified register of pre-trial investigations, the authorized official may, in addition to inspecting the scene, perform the following actions:
- Select written evidence;
- Conduct a medical examination;
- Get a specialist’s opinion, get information on equipment that has photo and video recording;
- Remove the instrument of committing a criminal offense “material evidence”.
Evidence of misdemeanors is written explanations of persons, the results of medical examinations, expert opinions, information on equipment that has photo and video recording.
The question is whether an authorized official can detain a person suspected of committing a criminal offense on the spot? Yes, maybe! And these cases are provided by Article 298 marked 2 of the Criminal Procedure Code, in particular:
- the person does not comply with the order of law enforcement officers to stop the offense or resists;
- the person tries to escape from the scene;
- during the prosecution after the commission of a criminal offense, the person does not comply with the legal requirements of the authorized official;
- the person is under the influence of alcohol / drugs and can cause harm to himself or others.
It is important to know!
A person may be detained for a criminal offense for no more than three hours from the moment of actual detention. However, in the first three cases mentioned above, a person can be detained for 72 hours, and in case of intoxication – 24 hours.
Such detention is based on general rules for both crimes and misdemeanors. Upon detention, the law enforcement officer is obliged to inform about the grounds for detention, explain the rights, responsibilities, ensure the right to defense and draw up a detention report. During the detention, the official has the right to conduct a personal search and seize any items, documents that are relevant to the case.
In order to protect your rights, seek legal assistance from a lawyer immediately. Prikhodko & Partners Law Firm will provide you with quality, professional legal assistance.