Attorney
A practicing attorney in the field of criminal and administrative law. I provide full support to clients at the stage of preliminary investigation and trial in criminal proceedings.
Appeal against the opening of criminal proceedings
In far from all cases, the opening of criminal proceedings is an unconditional fact of bringing the case to its logical conclusion. In practice, there are very often cases when a decision is made to close criminal proceedings. After that, the victim has two options: to reconcile or appeal the decision to close the criminal proceedings.
Challenging the opening of criminal proceedings is one of the activities of the lawyers of “PRIKHODKO & PARTNERS”.
How can I appeal the opening of criminal proceedings?
The current Criminal Procedure Code of Ukraine brought a lot of precedents in the activities of the participants in the criminal process. This applies to both the prosecution and the defense. For example, investigative judges can open criminal proceedings even if the investigator does not wish to do so on his own initiative. However, after some time, another problem arose: the groundless opening of criminal proceedings with subsequent criminal prosecution. The impact of this problem is most felt by representatives of the business environment. It is they who are most often involved in a whirlwind of events related to criminal proceedings against their will and without any reason for this.
According to the third paragraph of Article 303 of the Criminal Code of Ukraine, at the stage of pre-trial proceedings, the decision of the investigator to close the criminal proceedings may be appealed by the victim, the applicant or their legal representatives.
Let’s consider the following situation: proceedings under Article 212 of the Criminal Code of Ukraine were opened based on the report of an operative employee of the tax police. For entrepreneurs, this is a pain point. Such measures, which are accompanied by criminal proceedings, namely, seizure of documentation, seizure of funds, etc., lead to a significant complication of doing business. Also, the opening of criminal proceedings can lead to the liquidation of a private entrepreneur’s business.
Challenging the groundless initiation of criminal proceedings is a serious enough matter that should be entrusted to real professionals. The lawyers of “PRIKHODKO & PARTNERS” will help you in this.
According to the first part of Article 304 of the Criminal Procedure Code of Ukraine, appeals against the opening of criminal proceedings, as well as complaints about the inaction of an investigator or prosecutor, can be filed within 10 days from the moment the inaction is committed.
Based on the results of the claim, the following decisions may be made:
- Cancellation of the decision of the inquirer, investigator or prosecutor.
- Termination Obligation.
- Obligation to perform an action.
- Refusal of satisfied complaints.
The lawyers of “PRIKHODKO & PARTNERS” will take into account all requirements related to compliance with the procedural terms established by Article 116 of the Criminal Procedure Code of Ukraine. We act exclusively within the framework of current Ukrainian legislation.
All you need to do is sign up for a preliminary consultation with a criminal lawyer. Our lawyers will do everything else for you! To calculate the price of legal assistance for challenging the opening of criminal proceedings, fill out the form below.
Calculate the cost of services
1 question
Have criminal proceedings been opened against you?
2 question
Are you in Kyiv or Kyiv region?
3 question
Do you know the number of criminal proceedings in the EDPR?
Can I receive a consultation online or by phone?
Yes. Consultations are available by phone, online, and at our office. Your location does not prevent you from receiving initial legal assistance.
Which documents should I prepare for the consultation?
Bring or send everything related to the case, including a summons, notice of suspicion, court orders, records, agreements, and correspondence. If you do not have any documents, simply describe the situation. The lawyer will tell you what should be requested.
How much does a lawyer’s assistance cost?
The exact fee depends on the stage, complexity, and scope of work. Current estimates are shown in the price table on this page, and we prepare an individual calculation after the initial conversation.
Does your law firm work only in Kyiv?
No. We provide services throughout Ukraine. Clients looking for a criminal lawyer in Lviv, Odesa, or Dnipro can conveniently begin online. The next steps and format of cooperation can then be arranged to meet the needs of the case.
Should I choose a consultation or full representation?
A consultation may be sufficient when the issue is limited and clear. If proceedings have been opened, a notice of suspicion has been served, or a court hearing is expected, ongoing representation by a criminal lawyer may be required. A lawyer will recommend the appropriate format after the assessment, and it can be changed as the case develops.
Can a relative contact the lawyer?
Yes. Relatives are often the first to call a lawyer, especially after a detention. The lawyer’s authority is agreed with the person concerned by the proceedings and formalised in an agreement. This should be arranged as early as possible.
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