Corruption cases rarely move quickly. Sometimes only a few months pass between the beginning of a case and a verdict, but in other instances it may take years. What happens between these two points? How exactly does a case pass through all the instances, and which procedures affect its pace? This article outlines the typical path of a case in the High Anti-Corruption Court.
After signs of a corruption offense are detected, proceedings are registered in the Unified Register of Pre-Trial Investigations. Such signs may be identified independently by detectives of the National Anti-Corruption Bureau of Ukraine, or on the basis of complaints by other persons or reports in the media. This is the official start of criminal proceedings, which makes it possible to initiate all subsequent procedural actions.
NABU pre-trial investigation
At the pre-trial investigation stage, the National Anti-Corruption Bureau of Ukraine (the NABU) gathers evidence, conducts searches, interrogations, and other overt and covert investigative actions, including surveillance and wiretapping. If sufficient evidence has been collected to conclude that a person should be aware of their status as a case participant, they are served with a notice of suspicion. From that moment, the person officially acquires the status of suspect.
The prosecutor may apply to HACC to seek an interim measure: detention, house arrest, bail, or other securing measures.
If a case involves multiple episodes or suspects, or requires evidence collection abroad, the pre-trial investigation may become highly complex and last for years. Once it is completed, the case materials are made available to the defense for review.
Preparatory proceedings
After the pre-trial investigation is concluded and, as a general rule, once the defense has reviewed the case materials, the prosecutor of the Specialised Anti-Corruption Prosecutor’s Office (SAPO) refers the indictment to the High Anti-Corruption Court (the HACC).
From this point on, the suspect becomes the defendant. After receiving the indictment, the HACC issues a ruling to schedule preparatory proceedings.
The purpose of preparatory proceedings is to ensure an objective and comprehensive examination of the case on the merits, by verifying that all requirements for the start of trial are met. At this stage, the court considers various procedural motions of the parties that must be resolved before trial. For example, determining the list of witnesses, deciding whether hearings should be closed, and so on. The court may also close the proceedings, return the indictment to the prosecutor, approve or reject a plea agreement, transfer the case to another court, or schedule trial hearings.
The length of preparatory proceedings varies: from a single hearing to several months, depending on the complexity of the case and the number of defendants.
Trial on the merits
Once preparatory proceedings are completed, the court schedules the trial. At this stage, the prosecutor presents the indictment, the parties deliver opening statements, and the order of trial is determined.
The court then proceeds to establish the facts and examine the evidence. The prosecutor presents the investigation materials gathered during the pre-trial stage, including records of investigative actions, video and photo evidence, documents, and expert reports, with commentary. Afterwards, the defense may also submit its own evidence.
The next step usually involves questioning witnesses for both the prosecution and the defense. Then the defendant is questioned, presenting their version of events and answering questions from the prosecutor and defense.
In the closing stages, court debates take place, the parties exchange rebuttals, and the defendant has the right to deliver a final statement before the verdict is announced.
Verdict
After the final statement of the defendant, the court immediately retires to the deliberation room to issue a decision. The court may acquit the defendant or find them guilty of committing a criminal offense. It then imposes a sentence or, in cases provided by law (Chapter XII of the Criminal Code of Ukraine), releases the person from punishment or from serving it.
Appeal
The parties may appeal the verdict to the HACC Appeals Chamber within 30 days of its announcement. Once proceedings are opened, procedural motions are considered, the presiding judge delivers a report on the appeal, and the prosecutor and defense present their arguments.
The court then determines the list of evidence to be examined, may question witnesses if necessary, holds debates, and retires to the deliberation room. The Appeals Chamber may uphold the verdict, acquit the person, cancel the verdict and order a retrial, or requalify the offense and adjust the sentence.
Once the Appeals Chamber issues its decision, the verdict becomes final, and in the case of a conviction, the enforcement stage begins.
Cassation
A cassation appeal may be lodged with the Supreme Court within three months. The cassation court examines the correct application of the law by the trial and appellate courts but does not review new evidence or establish new facts.
Following its review, the Supreme Court may uphold the lower court’s decision, cancel it and order a retrial, annul and close the proceedings, or modify the decision.