Detention of a person by court order – Article 191 of the Criminal Procedure Code

In 2026, the practice of applying preventive measures and procedural coercion in Ukraine is undergoing significant changes, particularly regarding the detention of individuals at the pre-trial investigation stage.

The procedural order of detaining a person is clearly regulated by the norms of the Criminal Procedure Code of Ukraine; however, in practice, it is precisely the failure to comply with these requirements that becomes the basis for challenging the actions of investigators and prosecutors. Understanding how detention occurs, what grounds and time limits exist, allows not only to protect one’s rights but also to avoid critical mistakes when interacting with the law enforcement system.

Law firm “Prikhodko and Partners” offers professional defense in criminal proceedings, including support in cases related to detention. Lawyers will not only assess the legality of law enforcement actions but will also promptly develop a defense strategy, helping to minimize risks and preserve the client’s freedom.

Detention based on a ruling of the investigating judge

The application of this mechanism mainly occurs at the stage of pre-trial investigation when there are reasonable risks that the suspect may evade the investigative authorities and/or the court. This tool is not punitive in nature; its purpose is to ensure appearance for the selection of a preventive measure.

The initiator is the investigator or prosecutor who submits a respective motion to the investigating judge. It must properly substantiate the risks provided by criminal procedural law:

• evasion from pre-trial investigation bodies or the court;
• unlawful influence on witnesses;
• destruction of evidence.

If the motion is satisfied, the judge issues a ruling granting permission for detention for the purpose of bringing the person before the court.

Practice shows: courts are increasingly scrutinizing the substantiation of motions; however, a formalistic approach by law enforcement still occurs. Therefore, any detention must be reviewed by a lawyer for compliance with legal requirements and procedural rules.

Detention based on a court ruling

Unlike the pre-trial stage, during court proceedings, the initiative to apply this measure belongs directly to the court. This concerns cases where the accused:

• ignores court hearings
• violates imposed obligations
• demonstrates an intention to evade justice.

In such cases, the court may initiate compulsory appearance. This decision is based on the assessment of risks and specific circumstances of the proceedings.

How does detention take place?

The procedure for detaining a person is clearly regulated by law; however, it is at this stage that procedural violations are most often recorded, which may significantly affect the further course of the case.

After the actual detention of a suspect or accused person, the authorized person who carried out the detention is obliged to:

• immediately inform the grounds for deprivation of liberty;
• explain procedural rights;
• ensure access to a lawyer;
• draw up a report indicating the exact time.

In accordance with Article 191 of the Criminal Procedure Code of Ukraine, a ruling granting permission for detention for the purpose of appearance is the legal basis for actual deprivation of liberty. A critically important point is time fixation. It is from this moment that the 36-hour period begins, within which the person must be brought before the court. Any manipulation with the time of detention constitutes a gross violation of human rights.

What must the ruling contain (Article 190 CPC)?

A ruling, as a procedural document, cannot be formal. The law establishes clear requirements for its content. The absence of mandatory details automatically calls into question the legality of detention.

The document must include:

• personal details of the suspect or accused;
• a brief description of the circumstances of the criminal offense;
• legal qualification;
• grounds for detention;
• validity period of the ruling;
• designation of the authority or official responsible for execution.

These details allow the defense to assess the legality of law enforcement actions. In the practice of the lawyers of “Prikhodko and Partners”, there have been numerous cases where formal errors in the ruling became a key argument for the client’s release.

Differences between a ruling of an investigating judge vs a court ruling

Who can carry out detention under Article 207 of the CPC of Ukraine?

The Criminal Procedure Code of Ukraine directly provides that any person has the right to detain an individual in cases defined by law. The legislator gives this a literal meaning: any person, regardless of status, profession, or authority. This may be a witness, a passerby, an employee of an institution—anyone who has actually observed the commission of a crime.

According to Article 207 of the CPC of Ukraine, such detention is possible:

• during the commission or attempted commission of a criminal offense;
• immediately after the commission of a crime or during continuous pursuit of a person suspected of committing it.

However, it is important to understand that this right has clear limits. A person who carries out detention is not vested with law enforcement powers and cannot go beyond what is necessary. They are not allowed to use excessive force, commit actions unrelated to the detention, or act arbitrarily. Exceeding these limits may result in legal liability.

After the actual detention, there is an obligation to:

• immediately deliver the person to an authorized authority,
• promptly inform law enforcement authorities about the detention and the person’s whereabouts.

How long can a person be detained?

The detention period is a critical aspect that directly affects the legality of law enforcement actions. According to Article 191 of the CPC of Ukraine, a person detained on the basis of a court ruling must be brought before a court or released no later than 36 hours from the moment of actual detention.

This is a maximum time limit that cannot be extended. Its violation is a direct ground for:

• challenging the actions of law enforcement authorities;
• filing a complaint with the court;
• recognition of the detention as unlawful.

In practice, exceeding time limits and attempts to “shift” them are the most common violations used by the defense.

Detention based on a court ruling is a complex procedural instrument that requires strict compliance with legal requirements. An investigator’s mistake, an incorrect ruling, or violation of time limits may call into question the legality of the entire proceeding.

However, without professional defense, these opportunities often remain unrealized.

Law firm “Prikhodko and Partners” provides full support in criminal proceedings: from checking the legality of detention to building a strong defense strategy in court. Lawyers act promptly, respond firmly to violations, and protect what matters most — the client’s freedom.

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