Law Penalizing Judges For Delivering 'Knowingly Unjust' Judgments Is Unconstitutional: Ukraine Constitutional Court [Read Judgment]

The Constitutional Court of Ukraine has declared Article 375 of the Criminal Code of Ukraine which penalizes judges for delivering knowingly unjust sentence, judgment, ruling or order, as unconstitutional.

Article 375 of the Criminal Code of Ukraine provides that Delivery of a knowingly unfair/unjust sentence, judgment, ruling or order by a judge (or judges), - shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to five years. The same actions that caused any grave consequences, or committed for mercenary motives or for any other personal benefit, - shall be punishable by imprisonment for a term of five to eight years.

Establishing criminal liability for a "knowingly unjust" court decision creates risks and opportunities to influence judges. The wording of the disposition of Article 375 of the Code allows for the possibility abuse of it in the commission of pre-trial investigation actions that have the effect of prosecuting judges only for the fact that he made a court decision, which, according to subjective understanding investigator, prosecutor or any other person, is "unjust", the judgment said.

The court also took note of the fact that Article 375 of the Code does not establish criteria for determining which sentence, decision, ruling or ruling of a judge (judges) is "unjust" and the meaning of the combination of the words "knowingly unjust" has not been disclosed.

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