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SCANDAL CRIMINAL CASE CLOSED

Since 2014, law enforcement agencies have tried to illegally prosecute an innocent person, for which he was declared internationally and nationally wanted. Any attempts by well-known lawyers to achieve positive results in this case ended in failure.

Experience in the prosecutor’s office and understanding of all the difficult places allowed the Law Office “Prikhodko&Partners” in less than a month to put an end to this case.

Lawyer Prikhodko A.A. appealed to the investigating judge with a complaint, in accordance with paragraph 1 of Part 1 of Article. 303 of the CPC of Ukraine, for inaction of the authorized prosecutor in criminal proceedings № 42014000000000537.

Lawyer Prikhodko A.A. asked:

to oblige the authorized prosecutor in criminal proceedings № 42014000000000537 to perform the actions specified in paragraph 1, part 2 of Art. 283, item 10 part 1 of Art. 284, part 4 of Art. 284 of the CPC of Ukraine in the part of suspicion PERSON_1 and within three days from the time of the decision of the investigating judge, to adopt a decision to close the criminal proceedings entered into the ERDR for № 42014000000000537.

The complaint is motivated by the fact that the pre-trial investigation into the suspect has expired, in connection with which the authorized prosecutor in the criminal proceedings № 42014000000000537 had to take the actions specified in paragraph 1 of Part 2 of Article. 283, item 10 part 1 of Art. 284, part 4 of Art. 284 of the Criminal Procedure Code of Ukraine.

The investigating judge, having examined the materials of the complaint and the documents attached to it, comes to the following conclusion. The court found that on 22.08.2013 information was entered on criminal proceedings №120130000000000502 on the grounds of a criminal offense. 12.05.2014 within the criminal proceedings № 120130000000000502 from 22.08.2013 PERSON_1 was reported on suspicion of committing criminal offenses under Part 2 of Article. 15, part 5 of Art. 27, part 3 of Art. 371; Part 2 of Art. 15, part 5 of Art. 27, part 2 of Art. 372; Part 1 of Art. 14, part 5 of Art. 27, part 2 of Art. 146 of the Criminal Code of Ukraine.

On June 19, 2014, the materials of the pre-trial investigation against the suspect were allocated to a separate criminal proceeding under № 42014000000000537. In accordance with paragraph 10 part 1 of Art. 284 of the CPC of Ukraine, criminal proceedings are closed if: after notifying the person of suspicion expired pre-trial investigation under Article 219 of this Code, except in the case of notifying a person of suspicion of committing a serious or especially serious crime against life and health.

According to para. 3 h. 1 st. 284 of the CPC of Ukraine, the prosecutor adopts a resolution to close the criminal proceedings against the suspect on the grounds provided for in part one of this article, except as provided in paragraph four of this part. In accordance with paragraph 4 of Part 3 of Art. 219 of the CPC of Ukraine, from the date of notification to the person of suspicion the pre-trial investigation must be completed within two months from the date of notification to the person of suspicion of committing a crime. In accordance with paragraph 3 of Part 4 of Art. 219 of the CPC of Ukraine, the term of pre-trial investigation may be extended in the manner prescribed by paragraph 4 of Chapter 24 of this Code. In this case, the total term of the pre-trial investigation may not exceed: twelve months from the date of notification to the person of suspicion of committing a serious or particularly serious crime. Based on the above, the prosecutor is obliged to close the criminal proceedings if, after notifying the person of the suspicion, the pre-trial investigation period specified in Article 219 of the CPC of Ukraine has expired.

The court found that as of 11.11.2014 the pre-trial investigation in the criminal proceedings № 42014000000000537 against the suspect lasted for 41 days.

However, on 20.05.2020 the Deputy Prosecutor General adopted a resolution on the appointment of a group of prosecutors in criminal proceedings № 42014000000000537, which was the subject of appeal in the case № 757/18460/21-k.

Instead, the suspended pre-trial investigation is resumed by a resolution of the investigator, prosecutor, if the grounds for its suspension cease to exist (the suspect has recovered, his whereabouts have been established, procedural actions within international cooperation have been completed) and, if necessary, investigative or other procedural actions . A copy of the decision to resume the pre-trial investigation is sent to the defense, the victim, the representative of the legal entity in respect of which the proceedings are conducted (Part 1 of Article 282 of the CPC of Ukraine). That is, the norms of the CPC of Ukraine oblige to initiate a procedural action if necessary (appointment of a group of prosecutors is a procedural action) in a suspended pre-trial investigation, first resume the pre-trial investigation, and only then perform any investigative or other procedural actions.

In view of the above, the investigating judge came to the conclusion that it is necessary to apply in this case to criminal proceedings № 42014000000000537, where information about the criminal offense was entered 20.05.2020, 23.03.2021, 30.08.2021, 09.09.2021, the provisions of the CPC of Ukraine The law, which provides as a basis for the closure of criminal proceedings – the expiration of the pre-trial investigation after notification of suspicion, defined by Article 219 of this Code.

Thus, the terms of the pre-trial investigation of the suspect provided for in Art. 219 of the CPC of Ukraine, ended, in connection with which the criminal proceedings are subject to closure on the basis of paragraph 10 of Part 1 of Article. 284 of the Criminal Procedure Code of Ukraine.

Based on the above, it is seen that the prosecutor must close the criminal proceedings № 42014000000000537 against the suspect, as the maximum period of pre-trial investigation under Part 4 of Art. 219 of the Criminal Procedure Code of Ukraine.

Evidence to confirm that at the moment the criminal proceedings №42014000000000537 against PERSON_1 was closed, the prosecutor did not provide.

In accordance with paragraph 10 of Part 1 of Art. 284 of the CPC of Ukraine criminal proceedings are closed if: after notifying the person of suspicion expired pre-trial investigation, defined by Article 219 of this Code, except in the case of notifying a person of suspicion of committing a serious or especially serious crime against life and health. According to para. 3 h. 1 st. 284 of the CPC of Ukraine, the prosecutor adopts a resolution to close the criminal proceedings against the suspect on the grounds provided for in part one of this article, except in the case provided for in the fourth paragraph of this part. Based on the above, it is seen that the prosecutor should close the criminal proceedings, as the deadline for the introduction of pre-trial investigation after the notification of suspicion has expired.

Thus, the investigating judge came to the conclusion that the complaint is valid Prikhodko AA regarding the obligation of the authorized prosecutor in criminal proceedings №42014000000000537 to take actions aimed at closing the criminal proceedings and satisfied the complaint, obliging the authorized prosecutor in criminal proceedings № 42014000000000537 to take actions specified in paragraph 1 of Art. 283, item 10 part 1 of Art. 284, part 4 of Art. 284 of the CPC of Ukraine and within three days from the date of the decision of the investigating judge, to adopt a decision to close the criminal proceedings filed with the ERDR for № 42014000000000537.

The decision of the investigating judge is not subject to appeal.

The court decision is available at 

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