Illegal sentences: Malyushka commented on the KSU decision
In the context of the adoption by the Constitutional Court of a decision on the unconstitutionality of article 375 of the Penal Code on knowingly unjust convictions, several judges can escape their responsibility.
This was announced by Minister of Justice Denis Malyuk during a briefing, reports a correspondent for Ukrinform.
“The Constitutional Court and the responsibility for knowingly unjust verdicts … In fact … the problem is extremely complicated, because, indeed, we have people convicted under this article of the Criminal Code, and its decriminalization, in theory, should automatically lead to that convicted persons will be exempt from criminal responsibility, despite the fact that they have committed and, in fact, resulted in convictions by the judge. There are not many, but they do. are, “said Malyuka.
According to him, the main problem is that if there had not even been this article on a deliberately unjust sentence, these judges would still have been punished, but under another article of the Criminal Code.
See also: the Constitutional Court abolished the responsibility of “dishonest judges”, and then?
“How to get out of this situation so that people are not exempted from punishment simply because the special rule has been abolished and the general rule remains – it is, as before, a crime – here, probably, the Verkhovna Rada will have to work hard, and, again, and we must also, with them, develop a bill that would allow retraining, “said the Minister.
He pointed out that the Department of Justice understands: there is a problem.
“In fact, this is probably what the Constitutional Court of Ukraine understands, which gave the Verkhovna Rada a term to rectify this error. Furthermore, I also noted that the Constitutional Court declared not only that this standard could be neither sanctions nor crimes, and he drew attention to the vagueness of the wording, the vagueness and, in fact, the possibility of an ambiguous interpretation of what is manifestly unfair, “added Malyuka.
In addition, he noted, KSU also drew attention to the fact that this can be used as a tool for exerting pressure on “judges who make fair, but sometimes wrong, decisions”.
“Consequently, to resolve all this, we have to work for a few more months,” said the minister.
It was reported that on June 11, the Constitutional Court of Ukraine recognized as unconstitutional article 375 of the Criminal Code, which provides for the deprivation of liberty of judges for imposing an unjust sentence.
According to the materials: ukrinform.ru