Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Changing the preventive measure in the conditions of martial law
Since the introduction of martial law in our country, certain changes have been made to the Criminal Procedure Code. This is evidence of the dynamism of the current legislation. The changes affected, in particular, the stage of pre-trial investigation. In this article, we will consider in detail the following issue: changing the preventive measure under martial law.
To begin with, we should note that the main purpose of a preventive measure is the administration of justice, the observance of the rights and freedoms of each participant in a criminal case. This is a kind of safeguard to prevent a criminal investigation.
Precautionary measure: what has changed in terms of his election?
Section IX of the Criminal Procedure Code stipulates the following: in the conditions of martial law, at the stage of pre-trial investigation, the suspect may be restricted in the form of detention. In addition, a decision may be made to grant permission to detain a person for the purpose of pretexting. The legislator bypassed the issue of choosing all alternative types of preventive measures. This means that precautions such as:
- House arrest.
- Pledge.
- Personal commitment.
- Personal guarantee, etc. in the conditions of a full-scale war, they can be elected by the decision of the investigating judge.
Detention as a measure to prevent illegal actions is 30 days (Article 616 of the Criminal Code).
Consider the following important question: the suspect is in the TOT (temporarily occupied territory). Current Ukrainian legislation allows the so-called “absentee” election of a preventive measure (part six of Article 193 of the Criminal Procedure Code). For this, it will be necessary to provide reasonable grounds. When choosing such a preventive measure, the amount of the deposit is not determined.
Also, changes in the current legislation apply to the following cases:
- Service in the Armed Forces by a person suspected of having committed a crime.
Situation: the suspect is in custody at the stage of pre-trial investigation. He has the right, through his lawyer, to address the representatives of the prosecutor’s office with a request to cancel the specified preventive measure.
Grounds for changing the preventive measure: military service under martial law (Article 616 of the Criminal Code). However, this benefit does not apply to everyone. If, for example, a person is suspected of committing illegal actions directed against the foundations of state and national security, no changes to the preventive measure are applied to him.
The standard procedure is as follows:
- Appeal to the prosecutor.
- Submitting a petition to the court.
- If the grounds listed above are present, the court issues a decision to release the suspect from custody.
Not later than 48 hours after the revocation of the preventive measure, the person released from custody must appear at the TCC and SP at the place of registration.
- Exchange of the suspect/accused as a person who has the official status of a prisoner of war.
These are also the realities of martial law. Changing the preventive measure in this case is regulated by Article 201-1 of the Criminal Code.
The situation: the prosecutor can apply to the court to cancel the preventive measure for a person who has the status of a prisoner of war. This is possible only in cases where there are documents regarding his exchange and a statement from the prisoner of war himself. The court considers the petition and renders a decision.
However, as practice shows, the above-mentioned cases may not always be sufficient grounds for changing the preventive measure.
Professional assistance of a lawyer in criminal proceedings
In the process of choosing a preventive measure, an important role is assigned to the lawyer. During his change, it is the lawyer who must prove that the suspect is trustworthy and has reasonable grounds for changing the preventive measure. For this, he has prepared a petition to the court. It must be accompanied by documents that will serve as confirmation of the grounds for changing the preventive measure.
The next stage is the petition is considered in court. After the review, the court makes the appropriate decision: to satisfy it or leave it unchanged.
If necessary, the court’s decision can be appealed in the appeals court. For this, our lawyers are preparing an appeal.
Specialists of the legal bureau Prykhodko and Partners will ensure that the selected preventive measure does not conflict with the norms of the current legislation. Such actions can significantly affect the final outcome of criminal proceedings.
Contacting a lawyer is an important component of protecting the rights and interests of each participant in a criminal case. Our specialists will help not only collect the necessary evidence base, but also guarantee compliance with all requirements for ensuring the rights and freedoms of a person. Lawyers Prykhodko and Partners will be able to provide you with highly qualified legal support in all procedures related to the selection/change of a preventive measure.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services in criminal proceedings, fill out the form below.
Calculate the cost of services
1 question
Are you interested in changing the preventive measure under martial law?
2 question
Are you in Kyiv?
3 question
Do you need a service urgently?
Do you conduct consultations online or by phone?
We work throughout Ukraine and abroad, so many clients want to receive consultation remotely. If you are unable to come to our office in Kyiv for a consultation, we can conduct it for you online or by phone.
How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
You may also need:
Defense in corruption criminal proceedings
Read more
International criminal lawyer
Read more
Lawyer during interrogation
Read more
Cassation appeal in a criminal case
Read more
Appeal against the refusal to open criminal proceedings
Read more
Appealing a court verdict in a criminal case
Read more
Escort during interrogation during martial law
Read more
Protection of interests in criminal proceedings
Read more
Military criminal lawyer
Read more
Protection of witnesses in criminal proceedings
Read more
Extradition to Ukraine as part of criminal proceedings
Read more
Lawyer in criminal proceedings
Read morecall back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram