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: They achieved the initiation of criminal proceedings through a court ruling under Part 2 of Article 355 of the CСU
Service: Appeal against the inaction of law enforcement authorities
Imagine that an ordinary working day ends with your car doors locked, pressure, threats, and a demand to sign a “debt” that does not exist. This is exactly the situation faced by a client of the Law Firm “Prіkhodko & Partners”. After experiencing coercion and extortion, he contacted the police, but the response was silence. Information was not entered into the Unified Register of Pre-Trial Investigations.
Such inaction directly violates Article 214 of the Criminal Procedure Code of Ukraine, which obliges an investigator or prosecutor to enter information into the URPTI no later than 24 hours from the moment the report is received. The law does not grant the police the right to “assess” a report — only to register it. Ignoring this requirement also deprives the applicant of the right to protection provided for in Article 303 of the CPC of Ukraine.
The lawyers of “Prіkhodko & Partners” filed a complaint with the investigating judge. The court supported the position of the defense and obliged the law enforcement authorities to initiate a pre-trial investigation. After all, “coercion to fulfill civil-law obligations committed by a group of persons by prior conspiracy or with the threat of violence” constitutes a direct corpus delicti under Part 2 of Article 355 of the Criminal Code of Ukraine.
In accordance with the Criminal Code of Ukraine, Article 355 provides for criminal liability for coercing a person to fulfill or not fulfill civil-law obligations under the threat of violence or damage to property. Under Part 2 of this article, more severe punishment applies if such actions are committed repeatedly, by a group of persons, with threats of murder or grievous bodily harm, with the use of violence, or with damage to property.
Procedure for appealing a refusal to initiate proceedings in cases under Part 2 of Article 355 of the Criminal Code of Ukraine:
- Filing a report with law enforcement authorities: The victim submits a report to the police regarding coercion to fulfill civil-law obligations, outlining the circumstances of pressure, threats, and transfer of funds, and provides available evidence.
- Recording inaction or obtaining a written refusal: If within 24 hours the information is not entered into the URPTI or the investigator refuses to do so, the victim has the right to demand written confirmation of such refusal or inaction.
- Appeal to the court: Within 10 days, the victim or their lawyer files a complaint against the inaction of the investigator or prosecutor with the investigating judge in accordance with Article 303 of the CPC of Ukraine.
- Court consideration: The investigating judge verifies the validity of the complaint and, if it is upheld, obliges the authorized persons to enter the information into the URPTI and initiate a pre-trial investigation.
Photo confirmation of the result of the work
This case once again proves: even when the police remain silent, the law works. The key is to act in time and with a professional lawyer by your side.
Need protection — act now!
If you are being forced to sign fictitious debts, threatened, unlawfully detained, or the police are ignoring your report — do not leave this without response. Every hour of delay works against you.
The lawyers of the Law Firm “Prіkhodko & Partners” have practical experience in cases under Part 2 of Article 355 of the Criminal Code of Ukraine and know how to make law enforcement authorities act within the law. Contact us for a consultation today — we will take the case under control and protect your rights.
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