The People’s Deputies of Ukraine introduced amendments to Article 72(5) of the Criminal Code of Ukraine according to which it is proposed to introduce coefficient of time spent in remand prisons and time of serving a sentence in the form of freedom deprivation. The said is stipulated in the Draft law of Ukraine No. 3413 “On introduction of amendments to the Criminal Code of Ukraine (as for improvement of the procedure of including by the court of the term of detention under remand into the term of the sentence)”.
“Application of the ratio: one (1) day spent in remand prison = two (2) days of freedom deprivation – is not expressly a positive thing to have.
Firstly, by openly recognizing conditions of remand detention to be inappropriate (see explanatory note to the Draft law No. 3413) the State does not improve these conditions, but reduces the period of stay of a person under these conditions. From the point of view of the Convention for the Protection of Human Rights and Fundamental Freedoms in such way the State does not get rid of the systematic violations of Article 3 of the Convention. And how will the authorized Governmental Officer in the matters of the European Court of Human Rights confirm violations of Article 3 in such cases?
Secondly, the Law will encourage the criminal defendants to resort to dishonest and abusive behavior in the form of protracting investigation with multiple and unfounded complaints, pleas of abatement, requests on replacement of attorney etc. – all for the purpose of spending less time in general in the places of freedom deprivation.
Thirdly, the Law discriminates certain groups of criminal defendants and sentenced persons and introduces injustice into certain matters of application of punishments. For example, persons in relation to whom a judgment had been delivered (but has not come into force), may not come under effect of this law. In addition the proceedings under certain essential elements of crime are considered much longer than others, for example serious crimes, offences with large number of suffering parties, expert investigations etc. There may be the cases when a criminal who murdered someone will spend in prison the same amount of time as a person who stole a block of cigarettes from a tobacco kiosk”.