Participation of a lawyer in investigative actions (interrogation, search, delivery of a notice of suspicion)

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Participation of a lawyer in investigative actions (interrogation, search, delivery of a notice of suspicion)

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Investigative actions or the stage of pre-trial investigation are defined as a key element of any criminal proceeding. Its beginning is the entry of information about the commission of a criminal offense into the Unified Register of Pretrial Investigations.

The right of a lawyer to participate in the conduct of investigative actions (interrogation, search, delivery of a notice of suspicion) is enshrined in the Criminal Procedure Code of Ukraine. This allows to guarantee the client's right to defense. A person's right to protection is exercised constitutionally (Article 63 of the Constitution of Ukraine). This article is the basis for exercising the right to defense. The lawyers of our law office Prykhodko and Partners offer participation in various investigative activities. We have the necessary experience for quality protection of the interests of each client. In this article, we will consider in detail the advantages of the active participation of lawyers precisely at the stage of pre-trial investigation.

The main tactics of the suspect's defense at the pre-trial stage

At the stage of the pre-trial investigation, two main defense tactics are distinguished. These are the so-called active and passive tactics. Let us describe each of them in more detail.

  • Active protection strategy

At the pre-trial stage, the lawyer:

  1. Makes a request.
  2. Collects evidence.
  3. With a certain periodicity challenges the actions of the investigator.
  4. Participates in all investigative actions.

The main task of a lawyer when choosing an active defense is to weaken the position of the prosecution even at the stage of the pre-trial investigation.

  • Passive protection strategy

Characteristic features of a lawyer's behavior during passive defense:

  1. Collection of evidence.
  2. Submission of the minimum number of requests to the investigator.
  3. There is almost a complete absence of appeals against the actions of investigators.

The strategy of passive defense allows the lawyer to transfer all his activity to the stage of judicial review of the case.

Each of the tactics described above has its advantages and disadvantages. The choice of specific tactics is carried out individually, depending on the case.

Algorithm of the lawyer's participation during the interrogation, search, delivery of the notice of suspicion

Let's start by considering the algorithm of the lawyer's participation in investigative actions using the example of an interrogation.

To begin with, we note that the participation of a lawyer in criminal proceedings is mandatory. The help of a lawyer during the interrogation can affect the final outcome of the case. Lawyers Prykhodko and Partners will already at this stage form the correct legal position of the suspect or accused. In addition, we will monitor the legality of the actions of the prosecutor and the investigator at the stage of the pre-trial investigation. It is better to enlist the support of a lawyer even before the interrogation.

In addition, it is very important to involve a lawyer in conducting other procedural actions - search and delivery of a notice of suspicion.

Participation of professional lawyers in investigative actions

Lawyers Prykhodko and Partners provide a full range of services related to the protection of the rights of suspects/accused persons.

Our main services include:

  1. Consulting in 24/7 mode.
  2. Prompt departure of the lawyer for questioning.
  3. Analysis of the circumstances of the case.
  4. Control over the actions of investigators, prosecutors, and judges.
  5. Development of a customer behavior strategy of general defense tactics.

In addition, our lawyers will prepare the necessary procedural documents, if necessary - appeal the actions/inaction, decisions of the investigating judge/prosecutor. We will detect any violations of the current procedural legislation as quickly as possible.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's participation in investigative actions, fill out the form below.

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