APPEAL OF THE PROSECUTOR’S INVESTIGATOR’S REPORT OF SUSPICION

From April 15, 2018, they stared at the change in the UOC of Ukraine. One of them is significant enough, in Art. 303 of the CCP, a norm is introduced that allows the investigator, the prosecutor to file an appeal against the suspicion after 2 months from the date of notification of the person about the suspicion of committing a crime, but not later than the prosecutor's closure of the criminal proceedings or the prosecution of the indictment.

So, in Art. 303 of the CCP, a norm is introduced that allows the investigator, the prosecutor to file an appeal against the suspicion after 2 months from the date of notification of the person about the suspicion of committing a crime, but not later than the prosecutor's closure of the criminal proceedings or the prosecution of the indictment.

The suspect, his lawyer or legal representative has the right to appeal this decision in court.

For example, the person reported a suspicion under Part 1 of Article 205 of the Criminal Code of Ukraine (fictitious business). During the acquaintance with the materials of the criminal proceedings, the suspect learns about an unjustified suspension of pre-trial investigation for 30 days and challenges the ruling to the investigating judge. The investigating judge cancels the ruling, as a result, 30 days are credited to the 2-month period. If less than 30 days, the general period of investigation on the date of examination exceeds 2 months, all further investigation and procedural actions are illegal, and the suspect has the right to appeal the notice of suspicion to the investigating judge.

At the time of appealing a notice of suspicion, it is necessary to bring arguments to the investigating judge that the investigator has violated the terms of pre-trial investigation. Therefore, it is necessary to write a complaint about the corresponding notification of suspicion, which should include in the reports of suspicion the decision to suspend the preliminary investigation and the determination of the investigating judge to cancel the decision to suspend the preliminary investigation. In the complaint, it is necessary to indicate the calculations of the violated terms, to request the investigator / prosecutor to oblige the report on suspicion to be canceled and to enter the relevant information into the Uniform Registry of Pre-trial Investigations. Once executed following the requirements, an extract from Edrey will prove that the person does not have the status of a suspect.

It is necessary to pay attention to the fact that the appeal of the investigator, prosecutor on suspicion may be filed no later than the prosecutor's closing of a criminal proceeding or appealing to the court with a statement of indictment. That is, you will not be able to appeal the suspicion notification after the end of the pre-trial investigation. In case of violation by the investigator of the timing of the pre-trial investigation, it is necessary to apply as soon as possible to the investigating judge.

At present, the Unified State Register of Judgments makes up about 90 decrees of investigating judges on complaints by lawyers and suspects regarding the cancellation of a notification of suspicion. However, these petitions remain unsatisfied due to the fact that they are represented by the criminal proceedings opened by March 16, 2012. they do not comply with Clause 4 of Clause 2 of the Final Provisions of the Law of Ukraine No.2147-VIII of 10/03/2017, which allows to appeal the suspicion only in criminal proceedings begun after March 16, 2018.