Appeal of procedural decisions of bodies of pre-trial investigation, prosecutor’s office and court;
WHAT stages of criminal proceedings?
Criminal proceedings can be divided into the following two stages:
pre-trial proceedings in which investigating authorities under the leadership of Attorney procedural exercise diyal- ness to investigate criminal offenses;
the proceedings in which the court is considering a criminal prosecution on the merits.
During the criminal proceedings the court may be appealed:
- individual actions or inactions of the investigator and prosecutor to the investigating judge during the pretrial investigation (st.303 CCP);
- any actions or omissions of the investigator and prosecutor in the preparatory proceedings in court (st.st.314-316 CCP);
- decision investigative judges and courts in proceedings for judicial review.
Given that the appeal of decisions, actions or omissions of investigator and prosecutor in court is the most effective remedy is recommended to handle such complaints during the preliminary investigation directly to the investigator judge or court. If a certain decision, action or inaction can not be appealed to the investigating judge (only in court during the preparatory proceedings), then you can preparatory to the trial skorysta- vatsya opportunity departmental appeal – to the heads of dosu- dovoho investigation, prosecutor or higher prosecutor.
IMPORTANT: failure to appeal a prosecutor or investigator reasonable time under the provisions of the CPC made solely to the higher prosecutor and only suspect, obvynuva- chenym victims or their defenders, representatives, legal representatives. The complaint must be considered in three days from the time of its submission.
Therefore, the law on pre-trial proceedings before the investigating judge mo horror to appeal such decisions, acts or omissions investigator or prosecutor:
• omission investigator or prosecutor who is nevne- Senna information about a criminal offense to constitute practically the only Register of Pretrial Investigation (YERDR) in the statutory 24-hour period after receipt of the application or continue vidomlennya about it;
• omission investigator or prosecutor who is un- vernenni temporarily seized property in accordance with the requirements st.169 CCP;
• omission investigator or prosecutor, which is non-exercise of any proceedings that they are required to do by law in a certain period of time;
• decisions investigator or prosecutor to suspend pre-trial investigation; • investigator or prosecutor the decision to close the criminal proceedings;
• the decision of the investigator or prosecutor refusing recognition continue tolerated;
• the actions or omissions of the investigator or prosecutor in over- stosuvanni security measures;
• the decision of the investigator or prosecutor to refuse the petition of the investigation (search) operations, non-overt investigative (detective) actions;
• decision of the investigator or prosecutor to change the order inves- tigation and its continuation under the rules of procedure for the application of compulsory medical measures.
Complaints about other decisions, acts or omissions investigator or prosecutor not to be considered during the preliminary investigation and may be subject to review during the preparatory proceedings the court. During the preparatory court hearing could also be challenged actions or omissions investigator or prosecutor to refuse to recognize a victim and precautions (ch.ch.2,3 st.303 CCP).
IMPORTANT: ban appeal other decisions, actions or inaction the investigator or prosecutor during the pre rozsli- ernment (Part 2 st.303 CCP) should be interpreted in the light of Article 21 of Part 4 of the CCP (according to which the conduct of criminal proceedings can not be an obstacle to a person’s access to other means of protecting right- Volyn NGO if its course violated human rights and freedoms guaranteed by the Constitution and international treaties of Ukraine) and Article 13 of the European Convention on human rights and fundamental freedoms of 1950, which provides the individual’s right to an effective and remedy at national level th of violations of rights and freedoms guaranteed by the Convention.
Such complaints should be submitted to the investigating judge of a local court in inter- s jurisdiction of which the pre-trial investigation, within 10 days of the decision, an action or bezdi- yalnosti. If the decision is issued investigator or prosecutor’s put a new, deadline for appeal starts after receiving copies entity. The complaint must be considered an investigating judge within 72 hours of receipt, with the exception of complaints about the decision to close criminal proceedings are dealt with in 5 days. Complaints in this category performed with the necessary participation of a complainant or her lawyer, representative, or the prosecutor and investigator, actions or omissions are challenged, but no investigator and prosecutor is not an obstacle to the complaint.
NOTE: The decision by the investigating judge to the complaint is not challenged on appeal (except for the decision to refuse the appeal against the decision to close criminal proceedings). Therefore, the complainant should make every effort to submission of evidence in support of its position on the complaint investigating judge.
What features of the right to appeal to the court detention?
Challenging the law as subject to detention and non-enforcement of rights (Part 5 of Article 29 of the Constitution of Ukraine, ch.ch.1,2,3 st.206 CCP). Complaint to the illegality of the detention may be submitted at any time after the detention. Moreover, such a complaint may be submitted to the investigating judge not only the detained person, his lawyers or legal representatives, but also any person who was aware of the illegal detention. This information should notify the investigating judge within the territorial jurisdiction of which the detained person is detained. The detainee promptly delivered to such investigative judge.
When a government official or a person in custody which keeps a person will not in court investigating judge of the court decision, which came into force does not prove the existence of other legitimate grounds for detention, the investigating judge must immediately release that person with- custody. Investigative judge must consider the complaint on the illegality of the detention non turndown after its receipt by the court.
HOW TO MAKE A COMPLAINT?
As a general rule should make a complaint in writing.
The complaint shall contain:
- The body or official to whom a complaint is filed; napry- treasure “Desnyanskiy District Court. Chernihiv”. His address (if the complaint is sent by post or courier); eg, “14038, m., Chernihiv, Victory Avenue, 141”.
Last name, patronymic person filing the complaint (name for a legal entity); for example, “Kuzmenko Kuzma Kuzmich”;
- Place of residence of the person filing the complaint (mistseznahodzhen- ing for legal entities), and phone number, details of other communications, if any; eg, “00000, m. Chernigiv, vul. Shevchenko bud.0, kv.0, tel. 0462-00000 “;
- Document title indicating the decisions, actions, omissions complained; for example, “A complaint against inaction slidcho- th District Police SB Chernigov Ukraine in Chernihiv region Petrenko PP on failure to make an application for criminal law-violations in the Unified Register of pre-trial investigations “;
- Information on the decisions, acts or omissions complained, and the circumstances the complainant substantiate their claims, that description of the situation that led to the complaint; napry- treasure, “February 4, 2013, I addressed the District Police Chernigov Ukraine in Chernihiv region with a written statement to commit robbery against me two unknown persons of the day in the cafe” Cornflower “adopted by investigators painting Petrenko PP
- However, this time investigating Petrenko PP has not made the appropriate information in the Register and pre-trial investigation of my statement has not been started. Inactivity investigator Petrenko PP is illegal due to the fact that … “;
- Specifying evidence to support every fact which the complainant substantiates his claims, including links to on- clear he documents (if any);
- Content requirements complaint, that what you are asking for authority to which the complaint is against a decision, act or omission; napry- instance, cancel some solutions require specific action do so;
- The documents accompanying the complaint (if any);
- Signature of person submitting the complaint;
- The date of signing the complaint.
Always make sure that your complaint is accepted and zare- yestrovana. At your request, you must issue a certificate. Complaints submitted in criminal proceedings, not paid any royalties.
NOTE: The appeals of decisions of the investigation, prosecution and trial many features. So please, prokonsultuy- tes a lawyer or another skilled in law, before taking any action in criminal proceedings.