Appeal of detention – appeal of the court decision on detention

The Criminal Procedure Code, the Constitution of Ukraine and the Law of Ukraine "On Advocacy and Advocacy" define the main tasks and powers of lawyers. Among such tasks, the most important is to ensure compliance with the legal interests and rights of a person during his defense in criminal proceedings. In particular, the lawyers of PRIKHODKO & PARTNERS specialize in appealing court decisions on detention.

In what cases is preventive measure - detention in custody applied?

In relation to the person who committed the crime, a preventive measure is applied - detention. The main goal is to ensure the conduct of a pre-trial investigation and trial in accordance with current Ukrainian legislation. Detention is a preventive preventive measure, which should create certain obstacles for the suspect:

1. Impossibility of hiding from court authorities or pre-trial investigation.
2. Restriction of illegal influence on the witness, victim, experts, etc.
3. The impossibility of destroying or distorting documents or things that may affect the establishment of the circumstances of a criminal offense.

Among the preventive measures provided for by the Criminal Procedure Code:

1. Personal commitment.
2. Pledge.
3. Personal guarantee.
4. House arrest.
5. Detention.

All the above types of preventive measures are selected according to the "severity" of the crime. That is, the most "loyal" measure is personal commitment, the most severe is detention.

How is an appeal against a court decision on detention?

The term of the preventive measure is 2 months. During this time, the suspect and the lawyer can file a motion to change or cancel the preventive measure. The procedure for changing a preventive measure is almost completely identical to the procedure for its selection:

• The lawyer submits a motion to the court to change the preventive measure. Documents to confirm the arguments set forth in the petition must be attached to this petition.
• Judicial consideration of the motion. The prosecutor, the lawyer, the suspect provide oral explanations regarding the specified request.
• Adjudication. Regarding the petition, the court makes the following decision: it satisfies it or leaves it without satisfaction.
• Appealing the court decision (if necessary) in the court of appeal.

Thus, a preventive measure can simultaneously act as a real deterrent for committing new crimes or as a measure of influence by the prosecution on the lawyer and the accused. That is why the main task of a lawyer is to take the necessary measures for the real protection of the interests and rights of his client. Lawyers PRIKHODKO & PARTNERS have the necessary practical experience that allows you to achieve the desired result.

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