Appealing a notice of suspicion of committing a criminal offense – term and procedure of appeal

Notification of suspicion of a criminal offense is one of the main stages of a pre-trial investigation. It is from it that a person is brought to criminal responsibility. This is a kind of starting point in the consideration of a criminal offense. That is why it is very important to know about the validity of the suspicion, the deadline and the procedure for appealing it. Thus, you will be able to protect your rights in criminal proceedings. Disputing the notification of suspicion is one of the activities of PRIKHODKO & PARTNERS lawyers.

Peculiarities of registration of suspicion of committing a criminal offense

Suspicion is a procedural decision. It is accepted by the investigator or prosecutor at the stage of the pre-trial investigation. Suspicion reporting should be provided only when there is sufficient evidence.

Reasonable suspicion is characterized by the following components:

• A criminal offense was indeed committed. Information about him has been entered into the EDPR.
• A criminal offense was committed by a specific person who received a notification of suspicion.
• The accused committed a socially dangerous act, which falls under the category of "criminal offense".

The notification of suspicion must contain specific information about the commission of an offense. Their non-compliance/absence indicates a violation of the requirements of Article 277 of the Criminal Procedure Code of Ukraine. This is an important reason for its cancellation.

The notice of suspicion must be delivered to the person of the suspect on the day it is drawn up. One of the copies of the suspicion is attached to the materials of the criminal proceedings, the second is given to the suspect.

Term and procedure for appealing a notification of suspicion of committing a criminal offense

In accordance with Article 303 of the Criminal Procedure Code of Ukraine (Clause 10, Part 1), at the stage of pre-trial proceedings, it is possible to challenge the prosecutor's or investigator's notification of suspicion of a criminal offense.

The appeal period is one month from the date of receipt of a notification of suspicion by a person or up to two months from the date of notification to a person of committing a criminal offense. The main condition is that the appeal of the suspicion must take place no later than the closing of the valid criminal proceedings by the prosecutor. Also, the suspect, defense counsel or legal representative of the suspect may apply to the court with the appropriate indictment.

Challenging a suspicion report has a number of important advantages. First, the suspect loses this status. In relation to her, preventive measures (house arrest, detention), as well as measures to ensure the conditions of criminal proceedings (removal from office, seizure of property, etc.) are canceled. Secondly, the position of the defense during the consideration of valid criminal proceedings is significantly strengthened.

Lawyers of PRIKHODKO & PARTNERS will be able to protect your rights and challenge reports of suspicion of committing a criminal offense.

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