Appealing the notification of suspicion

Appealing the notification of suspicion

Author

Prykhodko Andrii

A notice of suspicion is a procedural decision of the prosecutor or an investigator in agreement with the prosecutor, which is taken at the stage of pre-trial proceedings and is based on the evidence collected during the pre-trial investigation, which is based on the assumption of the involvement of a specific person in the commission of a criminal offense and formed on the incomplete results of the investigation.

The procedure for serving a notice of suspicion is determined by the Criminal Procedure Code and provides that it must be served personally to the suspect. This means that the notice must be delivered to the suspect, or if this is not possible, to a person who has the legal right to represent his interests.

Part four of Article 278 of the Criminal Procedure Code of Ukraine stipulates that the date and time of notification of suspicion, legal qualification of a criminal offense with an indication of the article of the Law of Ukraine on criminal the responsibility of which a person is suspected of committing is immediately entered by an authorized person (investigator, prosecutor) into the Unified Register of Pretrial Investigations.

After receiving a notification of suspicion, a person has the right to appeal it in accordance with the established procedure. The appeal can be submitted to the court or to the procedurally managing prosecutor.

Thus, Clause 16 of Part Three of Article 42 of the Criminal Procedure Code of Ukraine gives the suspect the right to challenge the decisions, actions and inactions of the investigator, prosecutor, and investigating judge in the order , provided for by the Criminal Code of Ukraine.

Clause 10 of the first part of Article 303 of the Criminal Procedure Code of Ukraine provides that decisions, actions or inaction of an investigator or a prosecutor may be challenged in a pre-trial investigation, in including the notification of the investigator, the prosecutor about the suspicion after one month from the date of notification to the person of the suspicion of committing a criminal misdemeanor or two months from the date of notification to the person of the suspicion of the commission of a crime, but no later than the closing of the criminal proceedings by the prosecutor or the appeal to the court with the indictment - the suspect, his defender or legal representative.

It is possible to appeal the notification of suspicion no later than the closing of the criminal proceedings by the prosecutor or the appeal to the court with the indictment. That is, the notification of suspicion can be appealed only within the framework of the pre-trial investigation.

In general, reporting a suspected criminal case is an important step in the legal process. Service of the notice must be carried out in compliance with the established procedure to ensure legality and protection of the rights of the person who is suspected. A person who has been served with a notice of suspicion has the right to challenge it and present his arguments and evidence of his innocence. The final decision on the legality and validity of the suspicion is taken by the court in accordance with the law.

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