Participation of a lawyer in an official investigation in a criminal process

In cases where violations in the work of an enterprise or company are detected, it is quite difficult to understand the actions or reasons that led to such violations from the very beginning. That is why it may be necessary to conduct an official investigation. The participation of a lawyer in an official investigation in a criminal process is a guarantee of achieving the desired result. The lawyers of "PRIKHODKO & PARTNERS" have many years of experience in this field.

What is an official investigation?

There is no legally established term "official investigation". This phrase refers to a set of actions and measures applied by responsible employees of the enterprise or management for the purpose of collecting and further analyzing and verifying information about persons involved in violations in the enterprise's work.
Therefore, official investigations can be characterized as actions aimed at investigating violations at the enterprise.

Most often, an official investigation is conducted in the following situations:

• Carrying out scams with investments.
• Fraud by leaders, managers.
• Violation of rules and internal policies of the company.
• Illegal access to confidential information.
• Theft.
• Fraudulent actions by customers, suppliers or customers.
• Systematic non-fulfillment of tasks set by the company's management.
• Establishing the fact of embezzlement of company assets, property, etc.

What are the consequences of an official investigation?

After conducting an official investigation, a conclusion is drawn up. This is a generalized description of the violations of legislation that were found. At the same time, an official investigation is not a decision of a subject of authority, which directly generates legal consequences of the relevant legal relationship, having a binding nature.

The conclusion of an official investigation by its legal nature is an official document - a record of the fact of conducting an official investigation. That is, it is an official document that contains the facts of an official investigation, as well as a carrier of evidentiary information about the circumstances that are considered grounds for its appointment.

The conclusions of official investigations do not generate almost any legal consequences that are obligatory for implementation. Circumstances recorded as a result of an official investigation may be confirmed or refuted in the event of a dispute about the legality of the decisions of the subjects of authority. Therefore, the conclusion of an official investigation is exclusively a carrier of certain information. At the same time, the circumstances recorded in the results of the official investigation may be refuted or confirmed in the course of criminal proceedings.

A common practice is the participation of a lawyer in the official inspection. This is due to the fact that, on the one hand, conducting an internal audit requires compliance with all requirements of current Ukrainian legislation, and on the other hand, promptness and efficiency of actions within the limits of the law.

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