Opening of criminal proceedings at the request of the victim (Article 214 of the Criminal Code)

In accordance with the requirements of Article 214 of the Criminal Procedure Code of Ukraine, the main basis for opening criminal proceedings is the victim's statement about the crime committed. It can also be a personal discovery by a prosecutor or an investigator of circumstances that testify to the commission of a particular criminal offense. The lawyers of our company "PRIKHODKO & PARTNERS" will help protect your interests in a criminal case.

The basis for the initiation of a pre-trial investigation is not any accepted and registered reports, statements, but only those of them that contain compelling circumstances, that is, evidence of the commission of a criminal offense. Also, the application must contain the following information: data of the victim/applicant, date, signature.

Peculiarities of opening criminal proceedings after accepting a statement

A prosecutor, investigator or other official who is responsible for the office in criminal proceedings must accept and register a statement about the commission of a criminal offense. At the same time, refusal to accept or register an application is not allowed.

Based on the content of the application, the sufficiency of the entered data for the opening of criminal proceedings is checked. After the inspection, the stage of pre-trial investigation begins. Corresponding information is entered in the ERDR.

Therefore, the pre-trial investigation begins after the discovery of compelling circumstances that testify to the commission of a crime.

Important: if the police authorities receive anonymous letters about the commission of a criminal offense, they are not grounds for opening criminal proceedings. This is the basis for checking the information presented in the relevant application.

Importantly:

The prosecutor, the investigator must immediately, within 24 hours after entering the information in the EDPR, provide the applicant with an extract that confirms the registration of the application.

Lawyer in criminal proceedings

A lawyer in criminal proceedings defends against criminal charges or represents a person in court.

In the process of investigation and subsequent trial of a criminal case, legal entities and individuals become participants in criminal procedural relations. Accordingly, they have their own duties, interests and rights.

Lawyers of "PRIKHODKO & PARTNERS" in criminal proceedings can act as:

• Defender

A lawyer can protect the rights of the suspect, the accused, the convicted, the acquitted.

• A person who provides legal assistance to other participants in the criminal process

Legal assistance may be needed during the interrogation of a witness, the conduct of an investigative experiment, etc. We are talking about the lawyer of the witness, the lawyer of the participant in the search, etc.

• Representative

In the course of criminal proceedings, a lawyer can represent the interests of a civil plaintiff, a victim, a legal entity against whom criminal proceedings have been conducted, etc.

Do you need help with a criminal case? Are you a victim or a witness? The lawyers of "PRIKHODKO & PARTNERS" are ready to provide you with their professional services.

We are waiting for you for consultation! Fill out the form below to calculate the cost of opening criminal proceedings based on the victim's application (Article 214 of the Criminal Code).