Confirmed: Constitutional Court cancels Criminal Code article on illegal enrichment
The Constitutional Court of Ukraine promulgated its conclusion, adopted on February 26, recognizing as unconstitutional the article of the Criminal Code on illegal enrichment.
The conclusion declares that "Article 368-2 of the Ukrainian Criminal Code loses its force from the date of the adoption of this conclusion by the Constitutional Court," the ruling says.
Substantiating their decision, CCU judges noted that this article contradicts both the Constitution and the Criminal Procedure Code.
Article 17 of the Code of Criminal Procedure states that no one is obliged to prove their innocence and must be acquitted if the prosecution fails to prove their guilt.
Besides, the CCU believes that the repealed article contradicts Articles 62 and 63 of the Constitution.
In particular, Article 62 states that all doubts about the proof of guilt are interpreted in defendant's favor, while Article 63 enshrines the right of a person not to testify against or provide explanations about themselves and their family.
Also, the judges indicated that, based on these two articles, it is impossible to impose on an individual the obligation to find evidence to prove the legal origin of their assets. Also, the prosecution shall not be granted the right to demand from the person such proof.
As reported earlier, on Feb 27, Iryna Lutsenko, a presidential envoy in parliament, said that the head of state would soon submit to the Verkhovna Rada a new bill on the punishment of illegal enrichment.