Lutsenko acknowledged the massive pressure of prosecutors on judges
The GPU recognized the massive pressure on judges by law enforcement bodies, which unreasonably open criminal proceedings under Art. 375 of the Criminal Code (Adoption of an unjust decision).
This follows from the letter of Prosecutor General Yuriy Lutsenko to the heads of the regional prosecutor’s offices, which was at the disposal of the Judicial and Legal Gazette.
“In response to the results of the fourth round of the assessment of Ukraine on the prevention of corruption among people’s deputies, judges and prosecutors of 26 March 2017, criminal proceedings under Article 375 of the Criminal Code are used by law enforcement as a means of pressure on judges,” stated in a letter to Yuriy Lutsenko .
It is noted that cases of unreasonable prolonged pre-trial investigation of facts of commission of a criminal offense under art. 375 of the Criminal Code. The relevant criminal proceedings are not closed, and the judge is not given a report of suspicion, but the judge is summoned to give explanations as a witness, including those concerning his procedural actions and decisions taken during the consideration of cases, which is inadmissible.
In addition, the possibility of bringing a judge to criminal responsibility during judicial proceedings (within the framework of a particular case), as defined by Article 375 of the Criminal Code, is used by the participants in court cases as grounds for challenging the judge.
“Such actions of law enforcement bodies and other participants in court cases do not contribute to the establishment of respect for and protection of the independence and unbiasedness of judges, to increase the authority of the state at the international level,” the letter says.
Considering the foregoing, the Prosecutor General Yuriy Lutsenko demanded from the heads of regional prosecutors:
1) immediately, throughout the day, submit to the management of the General Prosecutor’s Office of Ukraine, in accordance with the distribution of responsibilities for entering into the Unified Register of pre-trial investigations, information on criminal offenses provided for in articles 375, 376 of the Criminal Code of Ukraine;
2) to charge the pre-trial investigation of such criminal offenses to investigators of regional apparatuses of pre-trial investigation bodies;
3) identify a group of prosecutors who will exercise the powers of prosecutors in these criminal proceedings, including a deputy head of the regional prosecutor’s office.
Before that, the Council of Judges of Ukraine repeatedly appealed to the Prosecutor General’s Office regarding the opening of unreasonable criminal proceedings. At the same time, the Supreme Council of Justice, which now accepts applications for interference in judicial activities, continues to massively file allegations of pressure using Art. 375 of the Criminal Code.
Information taken from: https://strana.ua/news/137676-lutsenko-ozabotilsja-massovym-davleniem-pravookhranitelej-na-sudej.html