Lawyer
Junior lawyer in the field of criminal law. Specializes in crimes in the field of fraud, corruption, military activities, crimes in the financial sector and crimes against the foundations of national security.
Case: Protected the interests of the victims in the case under Part 2 of Art. 272 of the Criminal Code by appointing a re-examination
Service: Violation of Safety Rules During High-Risk Work
The relatives of a deceased employee contacted the specialists of the Law Firm “Prikhodko and Partners”. Criminal proceedings were initiated under Part 2 of Article 272 of the Criminal Code of Ukraine — violation of safety rules during the performance of high-risk work resulting in a person’s death.
Problem: Risk of an Incomplete Picture of the Tragedy
At the pre-trial investigation stage, the initial expert opinion raised justified doubts regarding the completeness and objectivity of the established circumstances of the accident. In cases of this category, an expert examination effectively forms the basis of the entire body of evidence, as it determines:
- the range of persons responsible for organizing and supervising workplace safety;
- the nature and content of violations of occupational safety regulations;
- the existence or absence of a direct causal link between the actions of officials and the resulting death;
- the technical and organizational factors that led to the emergency situation.
The analysis of the criminal case materials conducted by our attorneys revealed significant gaps in the initial expert examination. Under such circumstances, there was a real risk of forming an incomplete or distorted legal assessment of the incident, which directly affects the identification of responsible persons and the fairness of further court proceedings.
Defense Strategy
The team at “Prikhodko and Partners” prepared and submitted a reasoned motion for the appointment of a repeated forensic examination in the field of occupational safety and life safety.
In the motion, we thoroughly substantiated the shortcomings of the previous conclusions and emphasized the specific aspects of the criminal proceedings that needed to be taken into account. Thanks to a clear legal position, we convinced the investigation/court that only a new expert examination could establish the truth and ensure a comprehensive investigation.
Result
Thanks to the professional actions of our attorneys, the motion was granted — a repeated forensic examination was appointed.
This became a turning point in the criminal proceedings. Obtaining an objective expert opinion will significantly influence the course of the case, clearly identify the responsible persons, and ensure the proper legal qualification of the actions of those at fault.
Photo Confirmation of the Result Achieved
Why Is This Important?
In workplace injury cases, the success of protecting victims’ interests directly depends on the quality of the collected evidence. Professionally initiating repeated expert examinations is a key tool that prevents a formalistic approach by the investigation and helps restore justice for the families of the deceased.
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