After the court granted the request of Khust interdistrict prosecution to return Nahirny’s case for investigation under the general procedure, and the investigator made a motion to change the preventive measure to detention and put the defendant on the international wanted list, the attorney of the defendant appealed this decision.
Khust Interdistrict Prosecutor Ivan Kailo said, "We are preparing the objection to the appeal filed by lawyers of Pavlo Nahirny. We consider it unreasonable because the defendant, according to doctors, has recovered and been discharged from the hospital, thus he is currently in sane condition. Thus, after establishing his whereabouts and extradition to Ukraine, the person will be tried under general procedure."
Also Khust prosecutors informed that on February 22, when the term of investigation and compulsory treatment of Nahirny expired, given the fact that the defendant’s attorney was not familiar with the materials of the criminal proceedings and had not received a copy of the motion (which is obligatory), the investigator himself handed those documents at the Regional Psychiatric Hospital in Beregovo to another lawyer of the defendant and to Pavlo Nahirny himself. Also, the doctors were reported about the request sent to the court to extend the compulsory treatment of their patient.
It should be noted that on February 22, at the time when case files and the motion regarding the continuation of compulsory treatment of Nahirny were sent to court, the preventive measure of compulsory treatment of the latter was in force. Khust interdistrict prosecutor stated that "Since the receipt of such a motion by the court, the prosecutor is deprived of any opportunity to respond – the matter on the extension of the previously chosen preventive measure before its expiry date, shall be settled only by the court."
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