16-year-old defendant in the case of a fatal accident on Odesskaya Street in Kharkov Nikolai Kharkovsky may be released on January 26. It is on this day the term of restraint expires in the form of detention in a pre-trial detention center, and there is no one to legally continue it.
This was reported by employees of the law firm “Miller” on Facebook. Such an incident may occur in connection with the legislative features of legal proceedings against minors.
“The fact is that cases involving minors can only be considered by judges with the appropriate specialization. In the Chervonozavodsky District Court of Kharkiv, where the above process is taking place, there are two of them. declared self-withdrawal. Another judge, according to our information, should go on vacation,” the message says.
According to the Code of Criminal Procedure, the absence of judges may result in the transfer of consideration of such a decision to the court of appeal. The process can be noticeably delayed, and there will be no legal grounds to keep a teenager in custody.
“There is a risk that the accused may try to avoid punishment. In particular, he will leave the country or try to influence witnesses and victims, which will lead to a delay in the consideration of the case,” the lawyers stressed.
As previously reported by OBOZREVATEL:
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