Received a message about suspicion – what to do?

One of the stages of the pre-trial investigation is the notification of suspicion. It is from this moment that the process of bringing a person to criminal responsibility begins. This is a kind of starting point for further investigation. After receiving a suspicious message, many people try to solve the problem and decide what to do next. First of all, you should start by contacting professional lawyers. The lawyers of "PRIKHODKO & PARTNERS" will help you develop the correct algorithm of actions after receiving a notification of suspicion.

Who can be served with suspicion?

According to the current legislation, suspicion belongs to the category of procedural decisions that are taken at the stage of pre-trial proceedings. Each suspicion is based on the evidence collected during the pre-trial investigation. Suspicion is based on the assumption of the involvement of one or another person in the commission of a certain criminal offense. The decision to serve the suspicion is made by the investigator or the prosecutor.

According to the norms of the current Ukrainian legislation, namely the Criminal Procedure Code of Ukraine, the category of suspects includes:

• Persons detained on suspicion of committing a criminal offense.
• Persons in respect of whom a notice of suspicion has been drawn up, but measures were not taken in a timely manner to serve the notice of suspicion.
• Persons who were notified of suspicion in accordance with Articles 276-279 of the Criminal Procedure Code of Ukraine.

In what cases can the notification of suspicion be contested?

Filing a complaint after receiving a notification of suspicion is the realization of the suspect's legal rights. They are enshrined in the Criminal Procedure Code of Ukraine, namely: clause 16, part 3, article 42, clause 10, part 1, article 303. Among other things, at the pre-trial investigation stage, actions/inactions/decisions of the prosecutor or investigator can be challenged. This also applies to the report of suspicion.

Both the suspect and his legal representative or defense attorney can file a complaint with the investigating judge. The lawyers of our law firm will help you draw up the relevant documentation.

The main grounds for canceling a notification of suspicion are:

• Improper drafting and/or delivery of a notice of suspicion.

This is possible in the following cases: when the notification of suspicion is issued, there is no mark of approval by the prosecutor; the content of the message lacks such elements as the signature of the prosecutor or investigator, the date of its preparation, etc.

• Groundlessness of suspicion.
• Violation of the valid procedural order of service of suspicion.

For example, at the time of service of suspicion, the period of pre-trial investigation in criminal proceedings has already expired.

Thus, if you or your loved ones received a notification of suspicion, you should contact the lawyers of "PRIKHODKO & PARTNERS". We guarantee an individual and professional approach to each specific case. And this is far from a complete list of our advantages. We will help you develop an effective defense algorithm in your criminal proceedings.

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