Changes to the preventive measure of the Criminal Procedure Code
In the modern Ukrainian system of legal protection, changing the measure of restraint today is one of the most relevant terms for violators of the Criminal legislation of Ukraine. Thus, changing the measure of restraint to house arrest becomes more regularly used in relation to the accused during the investigation. Ugrin Svyatoslav
Change of preventive measure to house arrest
Let’s take a look at what constitutes house arrest.
House arrest is a type of preventive measure for a defendant, which is based on a ban on leaving a certain place of residence around the clock, or at a certain period of the day, starting from housing, right up to the city, or the country in whose territory a criminal offense was committed in accordance with part one , article 181 of the Criminal Procedure Code of Ukraine.
House arrest can be applied to a person who is suspected of or accused of committing a crime for the commission of which the law provides for a penalty of imprisonment. The decision on the selection of a preventive measure in the form of house arrest shall be submitted for execution to the body of the National Police at the place of residence of the suspect, the accused.
Note, in addition to receiving restrictions on free movement within the borders of the country, the accused is also banned from using a certain type of communication with the outside world, that is, only communication with the circle of people who live at his address.
Change of preventive measure to detention
There is also a punishment under the name of changing the preventive measure to detention.
Detention is a type of preventive measure, which provides for the complete isolation of the accused from any society, as well as his detention in a certain custody on a legal basis.
Changing the measure of restraint to a stricter
The criminal legislation of Ukraine also provides for a change in the preventive measure to a stricter one. This measure of restraint is applied when the established measure does not have any effect on the accused person, and this person continues to contribute to the course of the investigation, also when replaced with a more severe punishment.
Changing the measure of restraint for recognizing recognizance not to leave
The Criminal Procedure Code of Ukraine also provided for a softer replacement of a preventive measure. Namely, the change in the measure of restraint to a recognizance not to leave the place. Thus, in accordance with part 1, article 179 of the Criminal Procedure Code of Ukraine, this measure includes the obligations imposed on the accused person to fulfill all the requirements imposed on him by the investigator. For example, to stay at the first request to a judicial authority, or another judicial authority, to stay for a mark to a certain official at a specified time, and also to leave the place of residence in which the person is registered without the permission of the relevant authority.
Cancellation of a measure of restraint
Ukrainian legislation also provided for the possibility of canceling a preventive measure. Thus, in order to abolish a preventive measure, in accordance with Article 110 of the Criminal Procedure Code of Ukraine, it was established that this measure is applicable when there is no need to apply a more stringent measure, also when the measure is changed on the basis of Article 97 of the Criminal Procedure Code of Ukraine.
In order to prove your own innocence during the investigation, as well as to mitigate the punishment for one or another offense as much as possible, the services of a good lawyer are always relevant. The help of our specialists, whose experience and skills will help you show your own righteousness in a certain situation, and achieve your own.
IMPORTANT! How to understand that a lawyer is an amateur or not a professional in criminal matters?
The lawyer takes a passive position. For example, when a criminal lawyer is just nearby during a search and does nothing (most likely, because he does not understand anything).
The lawyer behaves aggressively towards the investigator or operatives. There are situations when a criminal lawyer constantly gets into conflicts, shouts, and frightens law enforcement officers.
The lawyer is trying to make friends with the investigator. This often happens when a criminal lawyer asks not to seize something during a search and builds friendly relations with the investigator or operatives. High-quality defense in criminal cases is, first of all, the independence and objectivity of a lawyer.
The lawyer claims that you should not do anything, let the investigation look for evidence. This happens in cases of interrogation, when it is recommended to “completely go to Art. 63 of the Constitution of Ukraine ”, instead of fixing the essence of the interrogation and understanding what the person is accused of.
A lawyer uses common phrases without understanding criminal law terminology. You have to understand that criminal cases are not civil. For example, when a lawyer says “some kind of certificate”, “something was taken in court” or confuses the statuses “defendant”, “plaintiff” with criminal “suspect”, “accused.”
A good criminal lawyer cases – this is either a former investigator or a prosecutor who clearly understands how the investigation works or a lawyer with extensive experience in criminal cases, there is no other way! This is especially important if you are looking for a serious crime lawyer!
Basic guidelines by which you can determine that a criminal lawyer is truly professional and will not cheat.
Relationship. A good crime lawyer or law firm always has clients. Relationships should be built like this – you asked for help, it is not a lawyer who runs after you to lure money out. If the opposite happens, be careful!
Office. A lawyer must have an office and not change it for a certain time (at least a year). There are, of course, different cases, but the most important factor in choosing a lawyer is stability. If a criminal lawyer has been working steadily for a long time, then everything is fine with him, and if everything is fine with him, then most likely you will be fine.
Reviews. Before hiring a criminal lawyer, first look at the reviews on Google or social. networks. At the same time, do you treat reviews reasonably? Read them and grasp the essence. It happens that competitors or other unfriendly people write negative reviews. And it happens that reviews are clocked for a couple of hundred hryvnia.
Media. Today, each person will be best told by his social networks. Come and see them. This will help you understand how your future lawyer lives, what cases he does, what achievements he has, by whom and where he is recognized as a specialist.
Experience. An experienced criminal lawyer should not only convince you that he clearly understands what is happening in your specific situation, he should put on the table the same or similar cases in which he took part and where a positive result has been achieved. If there are only words and there is no evidence – do not believe, every lawyer wants to take money from you. It is important that this money is for the cause, not for the words.
Contract. A contract with a lawyer is a very complicated thing. Because he makes them every day, but you do not, and it can be difficult to delve into the whole point. Do not be too lazy to read! Pay special attention to the lines of the contract – how long the lawyer undertakes to provide legal assistance, the amount of work, either in hours, or in specific actions.
Important! A lawyer cannot guarantee a won case – but he can clearly define the scope of work. Pay attention to the general phrases “for providing legal assistance” or “comprehensive support of the case” or “all the services of a criminal lawyer at the stage …”
A situation may arise when you later say “I paid 5 thousand cu, and you are not doing anything. ” And he will say – “I study the materials and prepare one document for the court and I think that this is enough.” And then you will not prove anything and will be forced to look for another lawyer.
Price. What are the prices for criminal defense lawyers in Kiev? What are the prices for criminal lawyers in general in Ukraine? In fact, the prices for criminal defense lawyers are different, from UAH 500 per hour or action to thousands of dollars. Price is a very important criterion especially in criminal matters. A good professional crime lawyer cannot be cheap. But at the same time, the price must be justified. Again, if a criminal lawyer takes $ 1,000 and does 5 specific actions for this, this is normal. And when he takes the tighter $ 1,000 and says “for complex business management” and then does nothing, then this is not normal.
Comparison. Never agree to immediately work with the first lawyer with whom you managed to talk. At least 3 interviews should take place. Then you will be able to understand in comparison who is who. And who is a really criminal lawyer from lawyers, how much does a criminal lawyer cost and who is the best to contact them for help.
What if you are suspected of or charged with a criminal offense?
You need a good criminal lawyer. How do you find such a lawyer? Search on the Internet, select several lawyers specifically in criminal cases. Choose at least three lawyers who specialize in criminal law.
Next, you need advice on a criminal case. High-quality criminal counseling will let you understand whether or not a professional lawyer is what to do next and how much the services of this criminal lawyer cost.
Follow the advice of a lawyer to act with him.
Cost of a lawyer in criminal cases
Depending on whether what status you are there are two options for paying for the services of a criminal lawyer:
1. Accompanying individual investigative actions
More suitable for those who are not involved in the case, and are in the case of a witness.
express consultation of a criminal lawyer by phone without analyzing the situation – 500 UAH, just to describe your rights in order to understand , what can be done, what must not be done and the first mistakes to be avoided
preparation of a response to a request to provide documents – $ 100
It is important to understand what is really, according to Art. 93 of the Criminal Procedure Code of Ukraine, the investigator has the right to demand the provision of documents. But what happens if they are not provided? There is no responsibility for this, but it gives the investigator the right to go and take a court order for a search. Therefore, you need to weigh what is more reasonable for you – to give documents for the request or sit and wait for the search.
escort during interrogation – 100 USD/hour, but not less than 200 USD.for investigative action
escorting a search – $ 100/hour, but not less than $ 500 for investigative action
return of confiscated property – from 500 USD or a percentage of the total cost
other investigative and procedural actions are paid hourly at the rate of $ 100. hour robots of the company’s lawyer.
2. Comprehensive criminal case management at the stage of pre-trial investigation, court of first instance, appeal or cassation.
Comprehensive criminal case management suits a person suspected, accused or convicted. Because it is difficult for a criminal lawyer to immediately determine the scope of work and the strategy of the defense. You need to familiarize yourself with the case to make a defense plan and backup options if the main ones do not work.
The cost of a criminal lawyer for each stage is from 3000 USD. up to $ 10,000 depending on the complexity of the case and its size.
How we work on the integrated management of criminal cases:
Signing a contract with a criminal defense attorney and joining the case.
This is the first step, at which a criminal attorney in our company affairs communicates with you in essence of the case, in order to understand what is the essence of the crime and what exactly I can incriminate you.
Familiarization with a criminal case by a criminal defense lawyer.
At this stage, you pay – 1 thousand c.u. This is the payment for the involvement of our company’s crime lawyers. Study the materials of the criminal case and the formation of a plan and strategy for the defense. When we understand how much work needs to be done, we issue an invoice for the remainder of the payment within the amount discussed above.
Be sure to determine the success fee of criminal defense lawyers – this is an additional remuneration for criminal lawyers for achieving a positive goal in your case. This is a very important point. Since it additionally stimulates a criminal lawyer to achieve a positive result.
Prikhodko & Partners Law Firm is the best experienced criminal lawyer in Kiev!
Sign up for a consultation, we will definitely find a solution to your problem. If during the consultation we are not convinced that we are really professional criminal lawyers, we will refund the money for the consultation!
How we are working:
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We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we immediately start working on your question
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