ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Declaring a person on the international wanted list: problems issues

Pages: 71-88
Year: 2018
Location: Pravova Ednist Ltd

Review

One of the disadvantages of the current Criminal Procedure Code of Ukraine is the lack of a clear legal regulation of the procedural for announcing a person on the international wanted list and its direct implementation, the uncertainty of the body announcing the person on the international wanted list, as well as the moment from which the person is considered as being in international wanted list. All this leads to ambiguous understanding of these issues by practitioners and unequal formation of law enforcement practice.

Taking into consideration abovementioned, the authors of the article aim to research the procedure for announcing a person on the international wanted list and its direct implementation, to determine the body that announces the person on the international wanted list, as well as the moment from which the person is considered to be on the international wanted list.

The authors of the article have analyzed in details the provisions of the current Ukrainian legislation, international legal acts and treaties, as well as internal documents of Interpol and the Interpol General Assembly regarding the international search of a person.

It is concluded that the body responsible for declaring a person on the international wanted list is the General Secretariat of Interpol. The competent law enforcement authorities of the requesting State are only the initiators acting through the relevant Working Unites of the National Central Bureau of Interpol. The moment when a person is put on the international wanted list is the adoption by the General Secretariat of Interpol of a decision - a circular message that is displayed in the Interpol information base. The beginning of the international search is to send a corresponding message to the Interpol Polar Bureau of all participating countries.

The phased procedure for declaring a person on the international wanted list has been determined.

It is stated that the absence at the time of consideration of the request of the prosecutor to choose a preventive measure in the form of detention of a person on the international wanted list, relevant supporting documents (certificate, extract from the Interpol database, etc.) is a justified reason for his dissatisfaction.

It has been established that a prerequisite for a law enforcement agency to request an Interpol NCB inquiry into the international investigation of a person who has committed a criminal offense is the adoption by the investigator, the prosecutor of the decision to declare that person on the international wanted list. The adoption by the investigator, the prosecutor of the appropriate procedural decision in the framework of criminal proceedings is only the first stage for the announcement of a person who has committed a criminal offense on the international wanted list.

Keywords: international search; prosecutor; Interpol; evidence; criminal proceedings; preventive measure. 

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