CLOSURE OF THE CASE IN THE ABSENCE OF A CRIMINAL OFFENSE

 The law enforcement system is endowed with supranational powers, which in turn enable them to act outside the law and create conditions for their own benefit in order to obtain indicators, their own material benefits or in the absence of competence.

  At present, we can observe a significant tendency to initiate criminal proceedings and declare suspicion without sufficient evidence necessary to make this decision, as well as significant cases of compliance with the conditions of Art. 208 of the Criminal Procedure Code of Ukraine (detention of a person suspected of committing a crime), without proper grounds.

  However, the law enforcement system does not see the consequences that may result from the entry into a case of a qualified lawyer, who has the right to appeal any decision in favor of his client.

 Thus, JSB "Prikhodko and Partners" in its own experience was convinced of the lack of competence of the law enforcement system, which in turn had a positive impact on both the client and the company in general.

 Thus, in November 2019, the Department of Procedural Guidance in Particularly Important Criminal Proceedings of the Prosecutor General's Office of Ukraine, based on the notification of the Security Service of Ukraine in Kyiv and Kyiv region, entered information into the Unified Register of Pre-Trial Investigations. 190 of the Criminal Code of Ukraine.

 At the end of November, our client, a citizen of the Republic of Cameroon, who was a student at Kharkiv National University at the time and was defending his master's degree, was detained on this fact.

 The very fact of detaining a foreigner who does not even speak Ukrainian or even Russian, but according to the prosecution, the latter was a fraud.

 From the first day of joining the case, JSB "Prikhodko and Partners" began to study in detail the provided (admissible) materials, and formed a plan to "fight" for the rights of the client.

 After spending more than a month and trying to inform both the court and the prosecution about the absence of a criminal offense in the actions of the defendant, we were constantly denied, and all this time from 11/28/2019 to 04/27/2020 - the client was in pre-trial detention.

 During this time (ie 6 months), the court did not pay attention to the fact that the motions filed by the prosecution to continue the pre-trial investigation and the request to extend the preventive measure against the defendant were duplicated and not supplemented with new information that would allow to claim that our client is involved in the offense he is accused of. None of the documents contained the names of our client, and the defense constantly emphasized this.

 Thus, during 6 months of detention, the client lost the opportunity to obtain higher education (by the way, this chance for people from third world countries is quite difficult to obtain). The client also lost the opportunity to live in Ukraine, as he was expelled from the university for failing to take the exam.

 However, this struggle, which lasted 6 months, bore fruit and results, and on April 27, 2020, the senior group of prosecutors in the criminal proceedings issued a decision to close the criminal proceedings against the suspect, due to the lack of criminal offense under Art. 2 st. 15, part 4 of Art. 190 of the Criminal Code of Ukraine.

 According to Art. 203 of the CPC of Ukraine, the decision to apply a precautionary measure ceases to be valid, and the suspect finally left the walls of the pre-trial detention center.

 Our struggle has not stopped there, and we are currently preparing a lawsuit to compensate for the damage caused by the illegal actions of the bodies of inquiry, pre-trial investigation and the prosecutor's office.

 This is not the end…