![Appeal against illegal detention](https://prikhodko.com.ua/wp-content/themes/prikhodko/images/dist/service_intro.jpg)
«We will protect your rights and inviolability of your honor and dignity!»
Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Appeal against illegal detention
Any citizen of Ukraine is not immune from detention by representatives of law enforcement agencies. In the vast majority, this applies to successful people who are connected with business. In this article, we will consider the specifics of the procedure for challenging illegal detention. This is one of the services provided by the specialists of our Prykhodko and Partners law office.
Detention of a person: what to remember?
Let’s start with the fact that the detention of a person is a short-term, temporary preventive measure, the purpose of which is to ensure the effectiveness of criminal proceedings.
As a rule, the detention of a person is urgent and occurs suddenly, and therefore the Law does not require the permission of a court or an investigating judge. The exception is detention for the purpose of pretexting on the basis of the relevant resolution. At the same time, we note that the detention procedure should be treated with special attention. This is due to the fact that such actions are accompanied by the restriction of freedoms and constitutional rights of a person.
According to Article 3 of the Constitution of Ukraine, a person’s life and health, his right to safety and inviolability are the highest social value that should be protected.
Detention of a person is possible in the following cases:
- Committing an offense by a person here and now.
- The person does not have documents (in this case, we are talking about the commission of a minor offense).
- Obvious criminal actions of a person.
On suspicion of committing a crime, a person can be held at the police station for no more than 24 hours. At the end of this period, the law enforcement officers must provide the detainee with the appropriate document. We are talking about a report of suspicion. This document must specifically state what the person is suspected of. The suspect has the right to check the legality of detention (Part 3 of Article 12 of the Criminal Procedure Code of Ukraine).
The practice of challenging illegal detention
Quite often, investigating judges refuse to satisfy a lawyer’s complaint that detention is illegal. How do they justify their position? First of all, the existence of a legal basis for keeping a person in custody. In the event that the suspect is not yet in custody, the investigating judge may also refuse to challenge the illegal detention. The main argument in this situation is that the investigating judge does not have the authority to consider the case of a person who is not in custody. However, similar judicial practice goes against the legal positions of the ECtHR. All international standards for verifying the legitimacy of detention must be followed.
Most often, the defense party initiates the issue of checking the legality of detention at the moment when the request of the prosecutor or investigator to apply a preventive measure to the suspect is being considered. The current legislation does not provide for a mandatory notification regarding the justification for the selection of this or that preventive measure.
Prykhodko and Partners lawyers have the necessary practical experience to challenge illegal detention. Unfortunately, modern Ukrainian legislation does not have a clear mechanism for challenging illegal detention at the stage of pre-trial investigation. It should be perfect and clear. This is the basis for realizing the constitutional right of every citizen of Ukraine to personal integrity and freedom.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of legal services for challenging illegal detention, fill out the form below.
Calculate the cost of services
1 question
Do you need to challenge an unlawful detention?
2 question
Are you looking for a lawyer to challenge your illegal detention?
3 question
Are you looking for a highly qualified criminal defense attorney?
![](https://prikhodko.com.ua/wp-content/uploads/2021/05/kovalev4.jpg)
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
TOP lawyers dealing with such cases in Ukraine
How to order the service? How do we work?
Our lawyers/attorneys study each case in depth and are ready to provide you with high-quality advice and support in a legal process or pre-trial investigation.
<strong>How to order the service:</strong>
What is the price for a lawyer's consultation and assistance?
Price for services in the "Criminal law" category:
The name of the service | Price, UAH | Terms |
---|---|---|
Urgent departure of a lawyer to the place of investigation or seizure in Kyiv | from 20 000 UAH | 3 hours |
Urgent departure of the lawyer during the search | from 20 000 UAH | 3 hours |
Pre-trial investigation | from 200 000 UAH | 2+ months |
Protection of interests in criminal proceedings | from 80 000 UAH | individually |
Lawyer for criminal rights | from 60 000 UAH | individually |
Defense of the lawyer at the pre-trial investigation | from 80 000 UAH | individually |
Lawyer on bribes | from 200 000 UAH | individually |
DISOBEDIENCE, WILLFULLY LEAVING A MILITARY UNIT OR PLACE OF SERVICE | from 60 000 UAH | individually |
Drug lawyer | from 200 000 UAH | individually |
Computer Crime Lawyer – Cybercrime Lawyer | from 200 000 UAH | individually |
Lawyer at the European Court of Human Rights | from 200 000 UAH | individually |
Submission of an application to the European Court of Human Rights (ECtHR) | from 60 000 UAH | 2 weeks |
Extradition to Ukraine as part of criminal proceedings | from 80 000 UAH | individually |
You may also need:
Lawyer services
Cassation appeal in a criminal case
Read moreCriminal law
Extradition to Ukraine as part of criminal proceedings
Read moreCriminal law
Petition to close criminal proceedings
Read moreLawyer services
Representation in criminal proceedings
Read moreLawyer services
International criminal lawyer
Read moreAnti-corruption practice
Defense in corruption criminal proceedings
Read moreCriminal law
Protection of witnesses in criminal proceedings
Read moreCriminal law
Protection of interests in criminal proceedings
Read moreCriminal law
Lawyer during interrogation
Read moreCriminal law
Closure of criminal proceedings
Read moreLawyer services
Legal defense in a criminal case
Read moreLawyer services
Appeal against decision to discontinue criminal proceedings
Read moreArticles on the topic:
call back
during the day