How to close a criminal case – methods of closing a criminal case

Closure of criminal proceedings is one of the important acts of the judiciary. This is because the judicial system is not immune to mistakes. In order to defend your rights and justice, you should use the services of professional lawyers. "PRIKHODKO & PARTNERS" specialists will be able to provide detailed information on how to close a criminal case and offer the main ways to close a criminal case.

Criminal proceedings: peculiarities of terminology

The term "criminal proceedings" refers to the procedural activities of pretrial investigation bodies, prosecutors, investigators, courts and judges in connection with the commission of certain criminal offenses. Very often this term acts as a synonym for the term "criminal process".

The Criminal Procedure Code of Ukraine considers criminal proceedings as "court proceedings and pre-trial investigation, procedural actions related to the commission of an act, which is provided for by the law of Ukraine on criminal liability."

Any criminal proceeding involves the following stages:

• Entering information about a valid criminal offense into the Unified Register of Pretrial Investigations.
• Conducting a pre-trial investigation.
• Preliminary court session.
• Court proceedings, adoption of a court decision in accordance with its results.
• Appeal and cassation proceedings.
• Review of court decisions issued by the Supreme Court of Ukraine/ review due to the presence of new circumstances.
• Execution of court decisions.

Methods of closing a criminal case

The closure of a criminal case can be caused by various reasons, the main of which are:

1. Absence of a criminal offense in the act committed.
2. Death of the accused.
3. Lack of proper, admissible and sufficient evidence to establish the guilt of the accused.
4. Release of a person from criminal proceedings.
5. Reaching a compromise.

Thus, the criminal case against a person is closed if there are no grounds for applying criminal-legal measures to him.

The final decision to close a criminal case is made by the investigator or the prosecutor. The investigator can close the criminal proceedings in cases where the suspect was not served on the person. As for the prosecutor's office, this body has much more authority to close a criminal case (all clauses of part 1 of article 2284 of the Criminal Procedure Code of Ukraine).

The decision to close criminal proceedings may be appealed in accordance with the procedure established by the Criminal Procedure Code (part four of Article 284).

To close a criminal case in a mandatory manner or to appeal its decision, you should contact the professionals of your field - lawyers of the law firm "PRIKHODKO & PARTNERS". We have the necessary practical experience to close your criminal proceedings. We will make maximum efforts in your case to issue a court decision in your favor. Sign up for a consultation!