INVESTIGATION OF THE PRE-TRIAL REPORT DURING THE TRIAL IN CRIMINAL PROCEEDINGS OF UKRAINE

Abstract

The article is devoted to the problems of functioning of the institution of probation in criminal proceedings of Ukraine. It is stated that the national criminal procedural legislation does not establish the procedure for investigation of the pre-trial report by the court during the trial with the participation of the parties. It is emphasized that such a legislative gap limits the competitiveness of the parties and creates obstacles on the way to achieving the truth in the case. The article draws attention to the fact that most researchers define a pre-trial report as a written document that characterizes the accused and contains a conclusion about the possibility of correction of the person without applying the punishment associated with isolation from the society, without disclosing its procedural nature. Pre-trial report`s procedural nature, as the authors emphasize, determines whether the analyzed document will be the subject of investigation during the trial. Based on the conducted research, they conclude that the report of the probation authority is a document – evidence in criminal proceedings, which, for the purpose of investigating in the trial, must be included in the list and volume of evidence to be examined, in accordance with Article 349 of the CCP of Ukraine. At the same time, it is emphasized that the report of the probation service should be investigated last, at the final stage of clarifying the circumstances of the criminal offence, as part of the addition to the trial, since it concerns the issue of the sentencing. Pre-trial report as an evidence-document must be announced at the court hearing with the opportunity for the parties to express their position regarding report`s content and preparation methodology. The authors note that during the investigation of the probation report, the parties may ask their own questions to the probation officer, which requires his inclusion in the list of participants in the court proceedings, to whom the parties and other participants in the court proceedings have the right to ask questions during the investigation of the documents (part 2 of Article 358 of the CCP of Ukraine).