Protection of the suspect at the stage of pre-trial investigation: key aspects

Pre-trial investigation is the first and extremely important stage of criminal proceedings, during which evidence is collected and the suspect's role in committing the crime is determined. At this stage, the suspect must be protected from wrongdoing by law enforcement agencies, because this is where the foundation for further legal proceedings is laid. Defense at the stage of pre-trial investigation plays an important role in ensuring the rights of the suspect, in particular in the issue of preventing wrongful prosecution.

As for the main rights of the suspect, at the stage of the pre-trial investigation, the suspect has a number of important rights enshrined in the Constitution of Ukraine, the Criminal Procedure Code of Ukraine (CPC) and international standards for the protection of human rights.

Among the main rights of the suspect, the following can be distinguished:

• The right to know the essence of the suspicion. According to Article 42 of the Criminal Procedure Code of Ukraine, the suspect has the right to be informed about the essence of the suspicion within the criminal proceedings. In other words, law enforcement agencies must provide clear information about what offense a person is charged with.
• The right to protection and legal assistance. One of the main rights of a suspect is the right to protection, that is, to a lawyer who will protect his interests from the moment of arrest or notification of suspicion. The suspect has the right to choose a lawyer independently or to request the provision of a public defender.
• The right not to testify against oneself. This right is enshrined not only by national legislation, but also by international conventions. A suspect is not required to testify or answer questions from law enforcement officers if it could be used against him.
• The right to challenge the decisions, actions or inaction of investigative bodies: this includes the ability to file complaints against the actions of investigators, the prosecutor or the court within the framework of pre-trial proceedings, if the suspect considers them illegal or unlawful.

It should be noted that one of the most important figures in the process of protecting a suspect is his lawyer. The defense attorney performs a number of key functions that allow for adequate protection of the suspect's rights.

According to the Criminal Code of Ukraine, a lawyer has the right to participate in all procedural actions conducted with the suspect, including interrogations, investigative experiments, etc. A lawyer can be present during the questioning of the suspect and ensure that there are no violations of his rights, including violent actions, coercion to testify or other illegal methods of investigation.

A lawyer has the right not only to defend the suspect during interrogations and other investigative actions, but also to actively collect evidence in favor of his client (this may include the collection of documents, records, witness statements and other evidence that can disprove the suspicion or mitigate the circumstances). It is important that the lawyer at the pretrial investigation stage takes all possible measures to build a strong evidence base in favor of the suspect.

If a lawyer discovers a violation of his client's rights or illegal actions of investigative bodies (illegal detentions, violations of the interrogation procedure, etc.), he has the right to file complaints about these actions. The appeal can be sent both to the higher investigative bodies and to the court. In addition, the lawyer can claim damages if the suspect was illegally detained or subjected to physical or psychological pressure.

Notification of suspicion is one of the key procedural actions at the pre-trial investigation stage. According to Article 276 of the Criminal Code of Ukraine, the suspect must be served with a written notice of suspicion, which clearly defines the suspicion of committing a specific crime.

The notice of suspicion must be delivered to the person personally during investigative actions or at the place of residence. If the suspect evades the investigation, the investigator can declare him wanted, but this must be a justified decision. In this case, the lawyer has the right to be present during the delivery of the notice and check the legality and validity of the suspicion.

The suspect or his lawyer can challenge the suspicion report if they consider it unfounded. This can be done by filing a complaint with an investigating judge, who must verify the legality of the report and the appropriateness of the evidence collected.

After serving a notice of suspicion, law enforcement agencies can initiate the procedure for choosing a preventive measure. This is an important stage during which the court decides whether the suspect should be subject to restrictive measures, such as detention, house arrest or other preventive measures.

The role of the lawyer in the pre-trial investigation

The lawyer has the right to protect the interests of the suspect during the court session, where the question of choosing a preventive measure is considered. His task is to provide the court with arguments regarding the unreasonableness of the application of strict measures, for example, detention. A lawyer can ask for alternative measures of restraint, such as bail or personal recognizance.

If a strict preventive measure, such as detention, is chosen, the lawyer has the right to appeal this decision. The lawyer can also submit a request to change the preventive measure to a more lenient one in the event of a change in circumstances or the absence of grounds for continued detention.

At the pre-trial investigation stage, the lawyer and the suspect may face various difficulties related to the specifics of criminal cases. For example, in cases related to economic crimes, legal assistance in the analysis of documents, contracts, financial transactions, etc. is especially important.

Defense tactics also play an important role in cases of serious crimes such as murder, grievous bodily harm, rape, etc. In such cases, the lawyer must be especially attentive to the collection of evidence, as well as defend the legality of each procedural decision.

The stage of the pre-trial investigation is decisive for determining the further fate of the suspect. Adequate defense at this stage can prevent unjustified criminal prosecution, as well as significantly affect the outcome of the trial.

Defending a suspect at the stage of pre-trial investigation requires a high level of professionalism of the lawyer, his attention to details and strict adherence to legal norms. The rights of the suspect must be ensured at every stage of the criminal process, which is the basis for a fair and legal trial.