CLOSURE OF CRIMINAL PROCEEDINGS IN CONNECTION WITH THE DEATH OF A PERSON WHO COMMITTED A CRIMINAL OFFENSE OR OTHER SOCIALLY DANGEROUS ACT

Abstract

It was established that the provisions of Clause 5, Part 1, Article 284 of the Criminal Procedure Code of Ukraine, which refers to the closure of criminal proceedings in connection with the death of a suspect, an accused person, and a person in respect of whom sufficient evidence has been collected to notify him of the suspicion of committing a criminal offense, but not notified of suspicion in connection with her death (except when the proceedings are necessary for the rehabilitation of the deceased) does not provide for all cases of closure of proceedings in connection with the death of a person who is being prosecuted. It is indicated that the drawback of the corresponding wording is that the legislator ignores the fact that persons who, in principle, cannot be suspected or accused, but in respect of whom criminal proceedings are being carried out, are also capable of violating a criminal law ban, and subsequently dying before acquiring the appropriate procedural status. proceedings: persons in respect of whom the issue of the application of coercive measures of a medical nature is being resolved (or should be resolved) and minors, older than 11 years, but who have not reached the age from which criminal responsibility arises and in respect of whom the issue of the application of coercive measures is being resolved (should be resolved) of an educational nature. It has been proven that it is not clear from the legislative wording what is objectified by the fact that there were grounds to suspect this person of committing a criminal offense, on the basis of which evidence such a decision was made that an employee of the body conducting the criminal process suspects the deceased and, if necessary, should bear responsibility if such suspicion was unfounded. In addition, the illogicality of the approach under which criminal proceedings are closed against a person who, as a participant in the process, did not exist at all at the time of closing the proceedings is justified. In order to overcome this situation, the author proposed a number of changes and additions to the current Code of Criminal Procedure of Ukraine.