QUICK AND GUARANTEED CLOSURE OF CRIMINAL PROCEEDINGS

How to close a criminal case quickly and guaranteed? Expiration of pre-trial investigation is the most effective and fastest mechanism, and this will be confirmed by any experienced criminal lawyer who really monitors court practice and all new trends in criminal and criminal procedural law.

According to the terms, criminal proceedings can be closed both at the stage of pre-trial investigation and in court. Pre-trial investigation periods are probably the main advantage of the defense over the prosecution. The investigation and the prosecutor's office in most cases allow violations of deadlines due to their workload. An experienced criminal defense attorney who aims to close a criminal case must first check the prosecution's compliance with the deadlines. Missed deadlines cannot be corrected, unlike the collection of evidence and its investigation by the prosecutor. It is not possible to influence the missed deadlines, in contrast to the evaluation of evidence by a judge "based on internal conviction".

Advantages of closing a criminal case on time

• Fast, no need to collect evidence and research it
• Guaranteed - in contrast to the closing of a criminal case due to the lack of composition or event of the crime, where there is always the point of view of the prosecutor and the lawyer and everyone has their own truth.

The first option. Closure of a criminal case at the stage of pre-trial investigation (regarding the suspect).

1. Get an extract from the Unified Register of Pretrial Investigations (proceedings progress tab).
2. Take into account all grounds for suspending the term, if necessary, cancel suspension orders through the investigating judge.
3. Identify all procedural and investigative actions that were taken in the suspended pre-trial investigation.
4. Check that each resolution on stopping the pre-trial investigation period ends with a resolution on resuming the pre-trial investigation period.
5. Remember that a procedural action and a procedural decision are considered to have been committed not at the time of signing the protocol or resolution, but at the time of displaying the corresponding action in the EDPR. There are cases when the investigator or prosecutor
6. Research and calculate the terms of the pre-trial investigation (according to Article 219 of the Criminal Procedure Code of Ukraine, such a term should not exceed 2 months from the moment of notification of suspicion).
7. Prepare a request to the prosecutor to close the criminal proceedings in connection with the expiration of the pre-trial investigation period. You can wait for a refusal, you can not. After 3 days, according to Art. 220 of the Criminal Procedure Code of Ukraine, the term of consideration of the petition, you can apply to the investigating judge.
8. Apply to the investigating judge of the district court on the territory of which the body of pre-trial investigation is located on the basis of clause 1 part 1 of Article 303 of the Criminal Procedure Code of Ukraine with a request to challenge the inaction of the prosecutor, which consists in not closing the criminal proceedings within the time limit specified in Art. 219 of the CCP of Ukraine.
9. Decision of the investigating judge, in accordance with Art. 309 of the Criminal Procedure Code of Ukraine is not subject to appeal.

In practice, there are certain nuances, some prosecutors ignore the implementation of such a court decision (responsibility for willful failure to comply with a court decision does not frighten them, especially this applies to the Prosecutor General's Office), other prosecutors try to challenge such a decision on appeal, citing to the fact that such a decision of investigative judges is not provided for by the Criminal Procedure Code of Ukraine and is therefore subject to appeal. But the fact of missing the deadlines remains unchanged and as a result the criminal case will still be closed.

The second option. Closure of a criminal case at the stage of court proceedings (regarding the accused).

1. We receive an extract from the ERDR (proceedings progress tab). If there is no such excerpt in the open materials of the case, immediately file a motion to close the criminal proceedings on the basis of missing the deadlines, the prosecutor and the judge are obliged to provide and examine the excerpt and calculate the deadlines in order to refute your statements.
2. We calculate the terms taking into account judicial practice (suspension and resumption of the same day is included in the terms of the pre-trial investigation, the information entered in the ERDR after the introduction of changes to the Criminal Procedure Code of Ukraine testify to the application of changes to old criminal proceedings, the suspension and resumption of the DS does not take place on the date of signing resolutions and the display of information in the ERDR, a change in the group of prosecutors or investigators always interrupts the term of a suspended pre-trial investigation, etc.)
3. We submit a motion to close the criminal proceedings on the basis of Clause 10 Part 1 of Article 284 of the CPC of Ukraine. It must be remembered that the judge investigates the issue of compliance with the terms of the pre-trial investigation at the stage of preparatory proceedings, and some judges and prosecutors believe that only at this stage the defense has the right to file a motion to close the criminal case within the time limits, but according to the practice of the Supreme Court, such a motion can be declared at any stage of the trial before the removal of the court to the conference room for passing the Verdict.
4. We are going through appeal and cassation. The prosecutor's office will appeal to the end. But as a result, if the deadlines are missed, the criminal case will still be closed.

In the register of court decisions there is an extremely large number of decisions of courts of all instances, according to which the courts closed those criminal cases where the terms of the pre-trial investigation were missed, this shows that such a mechanism works and is the most effective today

How to check and determine whether pre-trial investigation deadlines have been missed?

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