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 opening of criminal proceedings under Article 190 of the Criminal Code of Ukraine through a court ruling
Service: Complaint against the actions of an investigator
Imagine the situation: you have become a victim of fraud, have collected evidence, filed a complaint with the police – and silence. At this stage, many give up. But in vain. The law provides for a mechanism – a complaint to the investigating judge. And practice shows: the courts often side with the applicant.
As an example, we can take into account the practice of lawyers from the Law Office “Prikhodko and Partners”:
A client applied for professional legal assistance in matters related to the defense of fraudulent actions committed against her, as a result of which material damage was caused.
What did we do to open a criminal case?
The lawyers prepared and filed a complaint with the Pecherskyi District Court of Kyiv, which satisfied it and obliged law enforcement agencies to enter information into the Unified Register of Pre-Trial Investigations. After that, a pre-trial investigation was initiated, and the lawyers continue to represent the interests of the client in criminal proceedings.
Procedure for appealing a refusal to open proceedings:
- Submitting an application to law enforcement agencies: The victim files an application for the commission of a criminal offense with the police or prosecutor’s office.
- Receiving a written refusal: In case of refusal to enter information into the ERDR, the victim has the right to receive a written decision on refusal.
- Appealing to the court: Within 10 days from the moment of receiving the refusal, the victim may file a complaint with the local court in accordance with Article 303 of the Criminal Procedure Code of Ukraine.
- Judicial review: The court considers the complaint and, if it is satisfied, obliges the investigator or prosecutor to enter information into the ERDR.
Photo – confirmation of the result of the work
Recommendations of a lawyer in case of refusal to open criminal proceedings under Article 190 of the Criminal Procedure Code
If you were refused to open proceedings:
- Do not delay.
- Get a written refusal.
- Contact a lawyer to prepare a complaint.
- Act through the court – and protect your rights.
Need help? The Prikhodko & Partners team has successful experience in cases under Art. 190 of the Civil Code of Ukraine. We will help restore justice and protect your interests.
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