Criminal proceedings in the form of private prosecution

According to the fourth part of Article 26 of the Criminal Procedure Code of Ukraine, criminal proceedings in the form of a private prosecution are initiated only on the basis of the victim's statement. Article 477 of the Criminal Procedure Code of Ukraine defines the list of criminal proceedings in the form of private prosecution. Such proceedings can be initiated by the prosecutor, investigator, investigator only on the basis of the victim's statement. If criminal proceedings have been initiated against you in the form of a private prosecution or you act as a victim, Prykhodko and Partners lawyers will be able to protect your rights and interests.

Categories of crimes presented in the form of private prosecution

Article 477 of the Criminal Code of Ukraine provides for the following categories of criminal offenses for which proceedings in the form of private prosecution may be applied:

• The offense was committed by the wife/husband of the victim.
• The offense was committed by members of the victim's family or other close relatives.

Important: in the form of a private indictment, in accordance with Article 477 of the Criminal Code of Ukraine, a pre-trial investigation is conducted by a prosecutor and an investigator in accordance with the general procedure for conducting a pre-trial investigation. In this situation, the beginning of criminal proceedings is initiated by the victim. An application for the commission of a corresponding criminal offense is submitted to the prosecutor, investigator or other official.

Peculiarities of opening and closing criminal proceedings in the form of a private prosecution

As mentioned above, criminal proceedings in the form of a private prosecution begin with the statement of the victim.

The prosecutor or the investigator must immediately, no later than 24 hours after submitting the victim's statement, enter the received information into the ЕРДР. After that, the investigation begins.

In the event that the victim or his representative refused the accusation, the criminal proceedings are closed (paragraph 7, part 1 of article 284 of the Criminal Procedure Code of Ukraine).

The basis for closing the criminal proceedings is also the detection of violations (for example, the absence of the victim's statement). In accordance with Article 479 of the Criminal Code of Ukraine, compensation for damage to the victim occurs mainly on the basis of a reconciliation agreement.

If there are several victims in the criminal proceedings, the issue of compensation is decided individually. Each of the victims can submit an application for the initiation of criminal proceedings in the form of a private prosecution.

If the victim is a minor or a person with special needs (that is, unable to defend his rights on his own), a statement about a valid offense is submitted by his legal representative. Legal representatives can be: parents, guardians, adult relatives, representatives of guardianship authorities, etc.

Concluding an agreement on reconciliation in criminal proceedings in the form of a private prosecution

At the pre-trial investigation stage, the victim may prefer to conclude a reconciliation agreement (Article 469 of the Criminal Code).

Important: a reconciliation agreement can be concluded at the initiative of the suspect, the accused or the victim. If there are several victims in the criminal proceedings, the reconciliation agreement is relevant in cases where it is concluded and approved by all the victims (Chapter 35 of the Criminal Procedure Code).

The conclusion of a reconciliation agreement is not a reason for closing criminal proceedings.

If there is such a need, the private prosecution can be changed to a state one. In this case, the pre-trial investigation is carried out in accordance with the general procedure. The consent of the victim is not important.

Assistance of a lawyer in criminal proceedings in the form of a private prosecution

In criminal proceedings in the form of a private prosecution, the lawyers of our company Prykhodko and Partners can protect the interests of both the accused and the victims.

We provide turnkey lawyer services and guarantee the desired result!

We are waiting for consultations! To calculate the price of a lawyer's services in criminal proceedings in the form of a private prosecution, fill out the form below.