Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Case: Helped return the indictment in criminal proceedings
Service: Assistance of a lawyer in a criminal case
Region: Kyiv
Problem: An indictment approved by the prosecutor in criminal proceedings against the client was sent to the Darnytskyi District Court of Kyiv, accusing him of committing a criminal offense under Part 5 of Article 407 of the Criminal Code of Ukraine (the client was facing up to 10 years in prison).
Desired result: return of the indictment to the prosecutor of the Darnytskyi Prosecutor’s Office in the field of defense of the Central Region.
In November 2024, the Client sought assistance, and in order to prevent the Client’s constitutional rights and interests from being violated, an agreement was concluded on the provision of legal assistance by lawyers of the Law Firm “Prikhodko and Partners”. It is known from judicial practice that achieving the return of the indictment is a difficult task.
What did we do?
The lawyer filed a Motion to return the indictment to the prosecutor (in accordance with the procedure and on the basis of Clause 5, Part 2, Article 291 of the Criminal Procedure Code of Ukraine), where it was emphasized that the indictment completely lacks any reference to the fact that at the time of committing, in the opinion of the prosecution, the unauthorized departure from the unit, the client had already been convicted by a court verdict under Part 5, Article 407 of the Criminal Code of Ukraine, therefore, in view of the provisions of the Law of Ukraine “On Military Duty and Military Service”, his military service was suspended and he should not have been a member of the Armed Forces of Ukraine and served in military service, and accordingly, he was not a special subject under Article 407 of the Criminal Code of Ukraine, and there was no object of the relevant crime, such as the protection of public relations related to military service.
The court took into account all the comments of the defense attorney and granted the motion to return the indictment. The indictment in criminal proceedings filed with the ERDR on the accusation of the client of committing a criminal offense under Part 5 of Article 407 of the Criminal Code of Ukraine was returned to the prosecutor of the Darnytsia Specialized Prosecutor’s Office in the Field of Defense of the Central Region, as not complying with the provisions of the Criminal Procedure Code of Ukraine.
Photo – confirmation of work
If you need legal support in criminal cases, please contact the lawyers of the Law Firm “Prikhodko and Partners” by filling out the form below.
Telegram
Viber
WhatsApp
Facebook
Instagram