No Capital Punishment In New Criminal Code

Verkhovna Rada passed the new criminal code on April 5. It replaces capital punishment by life imprisonment to be meted out in punishment for the gravest offenses, except for individuals aged under 18 or older than 65 and women pregnant at the time of committing the crime or date of conviction. Also, any individual is considered innocent until proven guilty and cannot be punished other than by a court ruling. Limited responsibility is established with regard to individuals who could not have been fully conscious of their actions (or inaction) when committing a crime and/or be in control of such actions due to mental disorder. Unlike the previous code, the newly enacted one adds to legal punishments public works; libel, slander, and defamation of character will not be criminally prosecuted; criminal punishment will be meted out in retaliation for copyright, industrial property title, and trademark infringement. People’s deputies and those of village, township, city, and local councils will be exposed to criminal prosecution if found to have combined deputy activities with any other activities contrary to their mandate as deputy, reports Interfax-Ukraine. Enacting a new criminal code was one of Ukraine’s commitments after joining the Council of Europe.

The parliament also that same day passed the bill introducing changes in the administrative code, particularly in the part dealing with traffic rules. Interfax-Ukraine stresses that the new law lowers fines for a number of traffic violations and institutes warnings as punishment for minor transgressions. Henceforth Ukrainian traffic cops have no right to levy and collect fines on the spot, impound the driver’s license or license plates, or direct a vehicle to the impoundment yard. Under the new law, most traffic violations cases will be heard by district and city courts.