Current issues regarding exemption from serving a sentence due to serious illnesses

Search for ways to resolve problematic issues related to release from serving a sentence due to serious illnesses in accordance with part 2 of Article 84 of the Criminal Code of Ukraine, in the context of three components:

– the medical condition of the person in custody;

– the adequacy of medical care and treatment provided in conditions of deprivation of liberty;

– the advisability of maintaining detention in view of the person’s health condition.

According to Article 84 of the Criminal Code of Ukraine, the court takes into account not only the presence of an illness that prevents the convict from serving the sentence but also the severity of the committed crime.

At the same time, these provisions require certain amendments so that courts primarily consider the medical criterion (whether the illness hinders further serving of the sentence) rather than the severity of the committed crime.

The decision on whether an illness hinders further serving of the sentence is established in court based on medical indicators.

Therefore, the approach to preparing medical certificates and doctors’ conclusions, which confirm that a particular illness truly hinders serving the sentence, should be improved.

Without the corresponding doctor’s conclusion, the court has no opportunity to determine the presence of such an obstacle.