The National Police of Ukraine has opened criminal proceedings: what to do?

Criminal proceedings opened by the National Police are the formal start of an investigation and mean that there are grounds to suspect you or your activities of committing a criminal offense. Understanding the procedures and taking timely action will protect your rights and minimize possible risks.

What is criminal proceedings?

Criminal proceedings are a procedural form of investigating a crime, provided for by the Criminal Procedure Code of Ukraine (CPC).
The opening of proceedings consists of entering information into the Unified Register of Pre-Trial Investigations (URDR). This indicates the beginning of investigative actions aimed at collecting evidence and identifying the guilty parties.

When are criminal proceedings opened?

Statement of a crime.
Proceedings can be opened upon the application of an individual or legal entity.

Notification of law enforcement officers.
If the police independently identified signs of a crime, the information is also entered into the URDR.

Information from third-party sources.
Media reports, inspection results or other data indicating a possible offense.

What to do if the police have opened criminal proceedings?

Contact a lawyer.
The most important thing is to get qualified legal assistance. A lawyer:

• Analyzes the case materials;
• Accompany you during investigative actions (interrogations, searches, etc.);
• Ensures the protection of your rights and legitimate interests.

Read the case materials.
You have the right to know under which article of the Criminal Code you are suspected, what circumstances are incriminated, and what evidence the investigation refers to.

Do not give explanations without a lawyer.

During your first contact with the police, you may be offered to provide explanations. Avoid doing so without prior consultation with a lawyer, as your words may be used against you.

Follow procedural rules.

• Appear for interrogations if you are summoned.
• Read the protocols of investigative actions.
• File complaints if your rights are violated.

Analyze the circumstances of the case.
Check whether your actions or those of your organization could be classified as a criminal offense.

How to behave during investigative actions?

Interrogation

• Require the participation of a lawyer.
• Give clear answers to questions or exercise the right to refuse to answer (Article 63 of the Constitution of Ukraine).
• Avoid statements that can be interpreted against you.

Search

• Make sure that the investigators have a court order.
• Record all actions on video, if possible.
• Do not obstruct the search, but demand that all actions be carried out within the law.

Seizure of documents or equipment

• Carefully check the seizure report.
• Require that all seized items be described.

Seizure of property

• Make sure that there is a court decision on the seizure.
• Challenge the actions of the investigators in court if they violate your rights.

What to do if you are summoned for questioning?

Familiarize yourself with the summons procedure.
You should receive an official document (procedure) stating:

• Who is summoning you;
• For what purpose;
• Date, time and place of the interrogation.

Show up for the interrogation with a lawyer.

A defense attorney will help you avoid statements that may harm your position.

Use Art. 63 of the Constitution of Ukraine.

If the answers to the questions may harm you, you have the right to refuse to testify.

Possible grounds for closing the proceedings

Absence of elements of a crime.

If the actions you are accused of are not a crime.

Lack of evidence.
Insufficient evidence for reasonable suspicion is a reason for closing the case.

Expiration of the statute of limitations.

If the crime was committed a long time ago and the time limits for bringing to justice have expired.

How to protect your rights?

Demand compliance with procedures.
Investigative actions must be carried out in accordance with the requirements of the CPC.

Complain about unlawful actions.
You have the right to appeal the actions of the investigator, for example, in the case of an unjustified search or seizure of property.

Involve independent experts.
In the case of conducting examinations or document analysis, you can require the participation of independent specialists.

Work on evidence.
Collect documents, witness statements and other materials that can refute suspicion.

What not to do?

Ignore police calls.
This may be regarded as an attempt to avoid the investigation.

Behave aggressively.
Interact with law enforcement officers correctly, without creating grounds for additional accusations.

Give false testimony.
Providing false information can worsen your situation.

If the National Police has opened criminal proceedings, it is important to quickly engage a qualified lawyer, follow procedural requirements, and remain calm. Competent defense and compliance with the law will avoid unfounded accusations and protect your rights.