Defense attorney in criminal proceedings involving public procurement (tenders)

Criminal proceedings in the field of public procurement require a comprehensive analysis of tender documentation, contracts, financial transactions, official powers, and other circumstances that may be relevant for criminal-law assessment.

A violation of the procurement procedure in itself does not automatically mean that a criminal offense has been committed. To determine the legal position, it is necessary to examine the specific actions of officials, the decision-making procedure, procurement documents, contract performance, movement of funds, and the evidence relied upon by the prosecution.

A lawyer from “Prikhodko & Partners” provides professional protection of the client’s rights and legitimate interests in the field of public procurement during the pre-trial investigation and court proceedings.

When is a lawyer needed in criminal proceedings related to a tender?

It is advisable to contact a specialist even before a notice of suspicion is served if a person is summoned for questioning, documents are requested, or investigative actions are being conducted.

Legal assistance may be required, in particular, in the following situations:

1. the selection of the tender winner raises concerns on the part of the investigation;
2. questions arise regarding the preparation of tender documentation;
3. the conclusion or performance of a contract resulting from the procurement procedure is being investigated;
4. payments for goods, works, or services are being reviewed;
5. the calculation of the expected procurement value is being challenged;
6. decisions of officials involved in the tender are being analyzed.

The defense lawyer analyzes the client’s procedural status, case materials, and circumstances and determines the appropriate format of legal defense.

Analysis of tender documentation and evidence

One of the key stages of defense is the examination of documents related to the procurement procedure.

The lawyer reviews tender documentation, participants’ bids, protocols and decisions of authorized persons, materials concerning the selection of the winner, procurement contracts, supplementary agreements, certificates of completed works, invoices, payment documents, correspondence, and other evidence.

The official duties of the persons who made the relevant decisions, their actual powers, and the procedure for approving such actions are examined separately. Where necessary, expert opinions, audit results, witness statements, and the prosecution’s evidence are also analyzed.

Defense during the pre-trial investigation

At this stage, the lawyer may participate in questioning, searches, and other procedural actions, analyze the notice of suspicion, file motions, applications, and complaints, as well as review the case materials in accordance with the procedure established by law.

Particular attention is paid to the evidence used to substantiate the involvement of a specific person in decision-making or actions carried out within the tender procedure.

If the case concerns an official, the lawyer additionally analyzes their job responsibilities, scope of authority, actual actions, and the connection between the decisions made and the consequences alleged against them.

Legal assessment of violations in the field of public procurement

Public procurement legislation establishes procurement rules, principles of transparency, competition, and non-discrimination, and also provides for liability for violations of its requirements.

At the same time, a violation of procurement procedures and criminal liability are not identical concepts. For a criminal-law assessment, it is necessary to establish the specific actions of the person, their powers, the form of guilt, the consequences, the causal link, and the elements of the relevant criminal offense.

Therefore, the specific legal qualification should be determined after analyzing the materials of the criminal proceedings rather than solely on the basis of identified violations during the tender procedure.

What criminal offenses may be related to tenders?

Depending on the factual circumstances, a criminal case in the field of public procurement may concern various offenses, including:

• misappropriation, embezzlement, or unlawful acquisition of property through abuse of official position;
• abuse of official position;
• official forgery;
• official negligence;
• receipt or offering of an unlawful benefit;
• actions of officials related to violations of the procurement procedure.

The specific Article of the Criminal Code of Ukraine is determined taking into account the factual circumstances, the person’s status, and the evidence in the particular case.

Defense in court

If the indictment has been referred to court, the lawyer continues to defend the client during the trial.

Depending on the circumstances, the lawyer participates in court hearings, files motions, examines written and other evidence, participates in the questioning of witnesses, analyzes expert opinions, and submits objections to the prosecution’s position.

The procedural position is developed individually on the basis of the case materials, tender documentation, and other evidence.

The role of a lawyer in criminal proceedings

The defense lawyer provides professional protection of the client’s rights and legitimate interests, analyzes the evidentiary basis, and monitors compliance with procedural safeguards.

In cases concerning public procurement, it is important to assess both the criminal-law and procurement aspects of the situation at the same time: procedural documents, decisions of the contracting authority, contractual terms, actual performance of obligations, and financial transactions.

Stages of cooperation with a lawyer

The process begins with an initial consultation and analysis of the available information. The client provides procedural documents, tender documentation, and other materials.

The defense lawyer then determines the client’s procedural status, analyzes the materials, and agrees on the required scope of legal assistance.

After that, an agreement is concluded, the necessary legal actions and their cost are determined. The lawyer provides the agreed legal support during the pre-trial investigation and, where necessary, during court proceedings.

Cost of legal services

The cost depends on the complexity of the criminal proceedings, the number of episodes, the volume of tender and procedural documentation, the stage of the proceedings, and the number of procedural actions and court hearings.

The cost of legal support in criminal proceedings in the field of public procurement is determined individually after analyzing the circumstances, the client’s procedural status, the volume of materials, and the required procedural actions.

Criminal proceedings in the field of public procurement may involve a significant volume of tender, contractual, financial, and procedural documentation. To develop a legal position, it is necessary to examine not only the possible violation of the procurement procedure itself, but also the powers of officials, the decision-making procedure, contract performance, movement of funds, and other relevant circumstances. Timely involvement of a lawyer makes it possible to assess the case materials, identify legally significant circumstances, ensure the exercise of the client’s procedural rights, and develop an individual defense position.

Need a lawyer in criminal proceedings related to a tender or public procurement? Contact “Prikhodko & Partners” and calculate the cost of legal support for your specific situation.