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.