How to appeal suspicion in criminal proceedings?

Procedural abuses and flaws can be found in almost any criminal proceeding. Among such abuses, for example, the unjustified suspension of the pre-trial investigation. Such abuses make it possible to challenge the suspicion in criminal proceedings. This is one of the activities of PRIKHODKO & PARTNERS lawyers.

What do you need to know to contest the suspicion in criminal proceedings?

Let's start with what suspicion is. Suspicion is a procedural decision made at the stage of pre-trial proceedings. The suspicion is based on the evidence collected during the pre-trial investigation. That is, we are talking about assumptions about the involvement of a specific person in the commission of a criminal offense. Suspicion is being formed based on the intermediate results of the investigation. The decision to issue a suspicion is made by the investigator or the prosecutor.

The legal qualification, date and time of service of the notice of suspicion are entered by the investigator or prosecutor immediately into the Unified Register of Pretrial Investigations.

According to the current Ukrainian legislation, the stage of the pre-trial investigation must be completed within 2 months from the day when the person was notified of the suspicion of committing a crime. The prosecuting party must strictly monitor compliance with these terms. Upon agreement with the prosecutor, the investigator may decide to suspend the investigation.

The suspect, his defense attorney or legal representative may appeal the notification of suspicion no later than the day the prosecutor closes the criminal proceedings. That is, the appeal of the notification of suspicion does not take place after the end of the pre-trial investigation. If these terms are violated by the investigator, you should contact the judge.

Suspicion is considered justified in the following cases:

• The notice of suspicion is drawn up in writing and delivered to the person. After serving, the person acquires the status of a suspect.
• Proving before the court the sufficiency and weight of the available evidence.
• The presence of evidence in the materials of criminal proceedings is confirmation of the commission of a criminal offense by a person.

Grounds for appeal of suspicion in criminal proceedings

Challenging the suspicion is the realization of the suspect's rights, which are enshrined in the Criminal Procedure Code of Ukraine (Articles 42 and 303). The lawyer can appeal the decision/actions/inaction of the investigator or the prosecutor.

For example, if it was found that the detention of a person is illegal, lawyers are guided by the requirements of Articles 42, 206 and 208 of the Criminal Code. You can appeal to the investigating judge with a corresponding complaint. This will be a reason to challenge the suspicion.

Among the main grounds for appeal of suspicion in criminal proceedings:

• Improper subject of drawing up and serving the notice of suspicion.
• Violation of the procedural order of delivery of a notice of suspicion.
• Groundlessness of suspicion.

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