Complaint against the decision to close criminal proceedings

Any pre-trial investigation begins with an assumption about the fact of committing a criminal offense. From the very beginning of the pre-trial investigation, there is no possibility of reliably establishing the fact of committing an illegal activity. At this stage, a criminal-legal conflict arises between the injured party and the person suspected of committing illegal actions. However, in some cases, criminal proceedings are closed even at the stage of the pre-trial investigation. What to do in this situation? The answer is unequivocal - enlist the support of professional lawyers of the law firm "Prykhodko & Partners" to file a complaint against the resolution on the closure of criminal proceedings.

Grounds for closing a criminal case

Part two of Article 284 of the Code of Criminal Procedure (hereinafter referred to as the CPC) of Ukraine clearly states the grounds for closing a case within the framework of criminal proceedings.

Firstly, this is the absence of the very fact of a person’s illegal activity. Secondly, the person’s action does not constitute a criminal offense. Thirdly, the entry into force of a Law that abolishes liability for this action. Another ground is the absence of suspicion regarding a particular person within the framework of criminal proceedings.

The investigator may also make a procedural decision to close criminal proceedings in the event that the person has not received a notification of suspicion.

The decision to close criminal proceedings is made only after a comprehensive, complete and impartial investigation. It is during the investigation that the circumstances on which the adoption of the relevant procedural decision is based must be established.

In addition, the closure of criminal proceedings must comply with the requirements of current Ukrainian legislation. In particular, a sufficient evidentiary basis (i.e., the factual circumstances of the case) must be provided.

The resolution on the closure of criminal proceedings is the final stage of the pre-trial investigation. Before it is adopted, the injured party must receive a notification of the completion of the pre-trial investigation (Part One of Article 56 of the Code of Criminal Procedure of Ukraine).

In turn, the injured party has the right to file a motion to familiarize themselves with the case materials. There is also a possibility of appealing the resolution on the closure of criminal proceedings.

What are the tools for appealing a ruling on the closure of a criminal case?

According to current legislation, the process of appealing a ruling on the closure of a criminal case is carried out on the basis of filing a complaint with the investigating judge. The place of filing a complaint is the location of the body conducting the judicial investigation. The appeal period is 10 days from the moment the victim receives a copy of the ruling (Part One of Article 304 of the Code of Criminal Procedure). If the complaint is not filed within this period, the lawyer may prepare a request to extend the appeal period.

The complaint must reflect a list of reasons why the person does not agree to the closure of the criminal case.

Important: the right to appeal is granted to:

• The applicant.
• The victim.
• The legal representative of the injured party.

The requirements that the complaint must meet are not established by the Law. However, it is noted that it cannot be considered in the following cases:

1. It was filed by a person who does not have the right to do so (exception - cases when the complaint was signed by an authorized representative).
2. The complaint was filed in violation of the applicable rules of jurisdiction, that is, it is not subject to consideration in a specific court.
3. The complaint was filed after the expiration of the term allotted for its consideration (and there is no petition for the renewal of this term).

If the complaint does not meet the established requirements, it, together with the attached materials, is sent to the person who initiated its submission.

Please note: returning the complaint does not prohibit a repeated appeal to the investigating judge. The decision to return the complaint can be appealed in the appeal procedure.

The term for considering the complaint is no more than five days from the moment of its acceptance. In the consideration process, a mandatory condition is the participation of the person who filed the complaint, as well as the investigator, prosecutor, inquirer (depending on who filed the complaint).

Our lawyers will be able to qualitatively prepare a complaint for a resolution to close a criminal case, which will meet all the requirements of current Ukrainian legislation. Lawyers of the law firm "Prykhodko & Partners" work exclusively for the result. There are no difficult tasks for us! Our specialists will use all possible tools to achieve the desired result!

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