Information regarding the regulatory resolution of the Constitutional Court
(№ 43 of 4 May 2024)
The Constitutional Court considered a citizen's appeal on the constitutionality of paragraph 17) of part nine of Article 64 and paragraph 5) of part two of Article 70 of the Code of Criminal Procedure (hereinafter - CPC).
In accordance with these norms, the suspect and defense counsel have the right to familiarize themselves with the protocols of investigative actions carried out with the participation of the defendant and to submit comments on them.
According to the subject of the appeal, as part of the investigation he was interrogated as a suspect and his defence counsel requested copies of the protocols of the above-mentioned interrogations. By decision of the bodies conducting the criminal proceedings, these applications were denied. The prohibition to obtain a copy of the record of his interrogation prevents him from realising his constitutional rights to defend his rights and freedoms.
The Constitutional Court considers that the CPC does not expressly prohibit the copying of protocols of investigative actions carried out with the participation of a suspect, and the officials who carried them out are not entitled to prevent the suspect's defence counsel from copying the information contained therein.
In the circumstances set out above, the contested norms of the Code of Criminal Procedure do not infringe the human and civil rights and freedoms enshrined in the Constitution. At the same time, the absence of the protocol of interrogation of a suspect in the list of procedural documents, copies of which may be received by the suspect and defence counsel, does not ensure the right of the subject to apply for defence or to receive qualified legal assistance.
The Constitutional Court recognised paragraph 17) of part nine of Article 64 and paragraph 5) of part two of Article 70 of the CPC as being in conformity with the Constitution and recommended to the Government to consider further improvement of the CPC.