Notification of suspected criminal misdemeanor or offense – what to do and how to appeal?

One of the most important procedural decisions is the notification of suspicion of committing a criminal misdemeanor or offense. This decision is taken by the investigator or prosecutor before the end of the investigation in the current criminal proceedings. During a pretrial investigation, a person changes his status to that of a suspect. Lawyers PRIKHODKO & PARTNERS will be able to answer questions related to contesting the notice of suspicion.

In what cases does a person receive a notification of suspicion of committing a criminal offense?

Notification of suspicion is carried out in cases where a person was detained at the scene of a criminal offense or when there is sufficient evidence to establish suspicion. Thus, suspicion is an assumption that a person has committed a criminal offense. This is a lower level than "reasonable suspicion".

According to the current Criminal Procedure Code of Ukraine, the status of "suspect" is given to a person:

• Who was notified of the suspicion in accordance with the procedure provided for in Articles 276-279 of this Code of Criminal Procedure of Ukraine.
• Regarding which a report of suspicion was made. However, this notice was not served due to a failure to locate her.
• Who was detained on suspicion of committing one or another criminal offense.

Important: legal qualification, date of notification of suspicion, etc., are entered by the prosecutor or investigator in the Unified Register of Pretrial Investigations.

Grounds for reasonableness of suspicion

The validity of the suspicion is characterized by the following grounds:

1. The notification of suspicion must be made in writing and delivered to the person. After the notification of suspicion is served, a person acquires the status of a suspect. This notification must be supported by evidence of the commission of a criminal offense.
2. The sufficiency and weight of the available evidence that a person has committed a valid criminal offense must be proven in court.
3. Evaluation by the court of available evidence of a person's commission of a valid criminal offense.

How to dispute a suspicion report?

Challenging the notification of suspicion is the exercise of the rights of a person, which is enshrined in the Criminal Procedure Code of Ukraine (Clause 16, Part 3 of Article 42, Clause 10, Part 1 of Article 303). According to the current Ukrainian legislation, actions/decisions/inaction of the prosecutor or investigator can be challenged at the stage of the pre-trial investigation.

Among the reasons for canceling the notification of suspicion:

• Inadequate procedure for drawing up and serving a notice of suspicion.
• Groundlessness of suspicion.

After the written notice of suspicion is canceled, the prosecutor must enter the received information into the Unified Register of Pretrial Investigations. This will be followed up by PRIKHODKO & PARTNERS lawyers.

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