The review collects current legal positions on issues of criminal and criminal procedural law contained in the resolutions adopted by the Criminal Court of Cassation as part of the Supreme Court in November 2021.
In particular, the CCS of the Supreme Court drew attention to the following problems of criminal law:
● determination of the grounds and conditions for the release of a person from criminal liability for the actions provided for in Part 1 of Art. 309 of the Criminal Code of Ukraine;
● interpretation of the concept of "vulnerable state of a person" as a sign of human trafficking (Article 149 of the Criminal Code of Ukraine) and whether an expert's opinion is mandatory for determining such a vulnerable state of a person;
● qualification under Art. 301 of the Criminal Code of Ukraine distribution of pornographic video files using a file sharing program between all users of this program on the Internet.
In addition, the CCS of the Supreme Court spoke about the following issues of criminal procedural law of Ukraine:
● whether the decision of the local court to return the indictment to the prosecutor, according to which the person is accused of committing a criminal misdemeanor, is subject to appeal for its submission to the court, taking into account the requirements of ch. 25 of the CPC of Ukraine;
● who is responsible for all procedural costs incurred by the pre-trial investigation body and related to the investigation of criminal proceedings, if the victim in the case of private prosecution has refused the accusation, and the court has closed the criminal proceedings;
● what requirements must be met by a statistician who is engaged by an investigator to conduct an investigative experiment in criminal proceedings, and whether the Criminal Procedure Code of Ukraine provides for the obligation to enter data about the statistician's identity in procedural documents.
During November 2021, the CCS of the Supreme Court also expressed other, no less relevant legal positions, which are highlighted in the review of judicial practice.