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: The criminal case was reopened on the basis of the investigator’s decision to close the criminal proceedings.
Послуга: Appeal against a decision to close criminal proceedings
The law firm “Prikhodko & Partners” provides client representation in criminal proceedings under Article 356 of the Criminal Code of Ukraine (arbitrariness).
Case background
Within the framework of the criminal proceedings, the pre-trial investigation body issued a decision to close the case due to the alleged absence of elements of a criminal offense. An analysis of the case materials showed that the pre-trial investigation was conducted formally and with грубими порушеннями вимог кримінального процесуального законодавства.
In particular:
- the investigation was not properly conducted
- a significant part of the evidence was not examined
- key witnesses were not questioned
- important documents were not requested
Moreover, the inquiry officer ignored even the prosecutor’s instructions regarding the necessary investigative actions.
In fact, the decision to close the criminal proceedings was made without a comprehensive, full, and objective examination of the circumstances of the case, which directly contradicts the requirements of the Criminal Procedure Code of Ukraine.
As a result, the case was simply “closed” without establishing the actual circumstances and without verifying key evidence.
Position of the lawyers
The lawyers immediately identified the key issue: the decision to close the case was premature and unfounded.
Accordingly, the specialists prepared a complaint to the investigating judge, in which they proved:
- a violation of the principle of completeness of the pre-trial investigation
- failure to fulfill the obligation to establish all circumstances of the case
- non-compliance of the decision with the requirements of criminal procedural legislation.
Particular attention was drawn to the court that closure of proceedings is possible only after a real, not formal, investigation.
What was done
As part of protecting the client’s interests:
- a procedurally sound complaint was prepared
- arguments regarding the incompleteness of the investigation were collected
- emphasis was placed on the investigator’s failure to perform mandatory procedural actions
- representation of the client’s interests in court was ensured
Result
The investigating judge supported the lawyers’ position and concluded that:
- the investigation was conducted incompletely
- the investigator’s conclusions were premature
- the decision to close the case is unlawful
The decision to close the criminal proceedings was cancelled. The criminal proceedings were reopened.
What this means for the client
- the case has returned to the stage of pre-trial investigation
- law enforcement authorities are obliged to carry out all necessary investigative actions
- a real opportunity has emerged to prove the violation of the client’s rights
Conclusion
Even if criminal proceedings have been closed, it does not mean that justice is impossible. In most cases, such decisions are the result of a formal approach by investigators. And they can be successfully appealed — provided there is a strong legal position.
This case demonstrates that even after the unlawful closure of criminal proceedings, the situation can be changed and justice can be restored. Thanks to the principled stance and professional work of the lawyers, we managed to overturn the investigator’s decision, resume the investigation, and compel law enforcement authorities to act in accordance with the law.
If your case has been unlawfully closed or the investigation is not actually being conducted — do not waste time. Fill out the form below to contact our lawyers and calculate the cost of legal support.
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