Familiarization of the lawyer with the materials of the criminal proceedings

Imagine the situation: the investigation has already been completed, the prosecutor is confident in their position, and within dozens or even hundreds of pages of case materials there may be details capable of radically changing the outcome of the case. That is precisely why reviewing the materials of criminal proceedings is one of the key stages of the defense.

According to Article 290 of the Criminal Procedure Code of Ukraine, the defense is granted access to all pre-trial investigation materials before the case is referred to court. For an ordinary person, this may seem like a mere formality, but an experienced criminal defense attorney knows that it is often at this stage that procedural violations, inadmissible evidence, inconsistencies in witness statements, or flaws in expert examinations are discovered.

A thorough analysis makes it possible to assess the prospects of the case, prepare the necessary motions, and develop an effective defense strategy. That is why the specialists of the Law Firm «Prikhodko and Partners» pay special attention to every document and every piece of evidence in a case.

What Is the Review of Criminal Case Materials?

Reviewing case materials is a procedure through which the defense is granted access to all documents and evidence collected during the pre-trial investigation.

The attorney gains an opportunity to effectively “audit” the work of the investigation: what evidence has been collected, whether it was obtained lawfully, how it was obtained, and whether it actually supports the suspicion.

In practice, this is not a formal action but a full-fledged stage of analytical work that determines the future defense strategy.

Legal Regulation of the Procedure

The review process is regulated by the provisions of the Criminal Procedure Code of Ukraine:

Article 221 of the Criminal Procedure Code of Ukraine provides the defense with the right to review pre-trial investigation materials even before the investigation is completed, provided that such review does not prejudice the investigation.

Article 290 of the Criminal Procedure Code of Ukraine establishes the procedure for disclosure of materials after the completion of the investigation. The prosecutor is obliged to provide access to all evidence, including evidence that exonerates the person or mitigates their liability.

Failure to comply with the requirements of Article 290 of the Criminal Procedure Code of Ukraine often becomes grounds for declaring evidence inadmissible.

Rights of Participants During the Review Process

When Are Criminal Case Materials Disclosed?

Disclosure of materials takes place:

• after the completion of the pre-trial investigation;
• after notification of the completion of the investigation;
• before the indictment is referred to court.

It is at this stage that the defense obtains full access to the prosecution’s evidence base.

When Is an Attorney’s Review of Case Materials Necessary?

Reviewing the materials is important for every participant in the proceedings because it helps clarify the actual circumstances of the case, evaluate the available evidence, and prepare for the further protection of their rights and interests.

Suspect: assessing the validity of the suspicion and developing an effective defense strategy based on the evidence.

Accused Person: preparing for trial, verifying the admissibility and sufficiency of the prosecution’s evidence, and developing the defense position.

Victim: monitoring the completeness, legality, and objectivity of the pre-trial investigation and exercising procedural rights.

Civil Claimant: substantiating the amount of damages and formulating claims.

Legal Entity Subject to Proceedings: protecting property interests and business reputation while minimizing procedural risks.

What Documents Does an Attorney Review?

While analyzing evidence and procedural documents, the attorney examines all relevant materials, including:

• notices of suspicion, motions, investigating judge rulings, and decisions of investigators and prosecutors;
• interrogation, search, and inspection reports, expert opinions, covert investigative actions, and physical evidence;
• defense evidence supporting the client’s position or refuting the prosecution’s arguments.

Why Should You Engage an Attorney to Review Criminal Case Materials?

The attorney’s role at the review stage is critical because they provide a professional analysis of the case materials. Key functions include:

• Identifying procedural violations.
• Detecting inadmissible evidence.
• Analyzing the evidence base.
• Developing a defense strategy.
• Preparing motions and complaints.

What Violations Are Most Commonly Identified by an Attorney?

When reviewing case materials, the attorney examines not only the content of the evidence but also the legality of how it was obtained.

The most common violations involve:

1. Violations during the conduct of a search.
2. Unlawful collection of evidence.
3. Violations during interrogations.
4. Inadmissible expert conclusions.
5. Violations of the right to defense.
6. Failure to comply with the requirements of Article 290 of the Criminal Procedure Code of Ukraine.

Such violations may serve as grounds for excluding evidence from the materials of the criminal pre-trial investigation.

Attorney Services During the Disclosure of Criminal Case Materials

Criminal law attorneys of the Law Firm «Prykhodko and Partners» provide the following services:

• Review of a single case volume.
• Photographic recording of case materials.
• Preparation of a legal opinion.
• Preparation of motions following the review.
• Representation of the client’s interests in court.
• Review of multi-volume case files.

Stages of an Attorney’s Work

Effective review requires not only access to documents but also their professional analysis. The attorney’s work includes:

1. Initial consultation.
2. Obtaining access to the materials.
3. Reviewing and analyzing the case.
4. Preparing a legal opinion.
5. Developing a defense strategy.

Cost of Legal Assistance for Reviewing Criminal Case Materials (Criminal Proceedings)

The cost of legal assistance is determined individually after a preliminary analysis of the situation. This approach allows the client to receive exactly the scope of legal services necessary for the effective protection of their rights. The cost of services depends on many factors, including:

• the number of volumes in the criminal proceedings;
• the complexity of the case;
• the volume of evidence;
• the need for photographic recording of materials;
• the preparation of a legal opinion;
• the drafting of procedural documents;
• further representation of the client’s interests.

Reviewing criminal case materials is not a formality but one of the key stages of criminal proceedings. It is at this stage that violations of the law can be identified, inadmissible evidence can be discovered, the legality of investigative actions can be verified, and a strong legal position can be developed before trial.

The specialists of the Law Firm «Prikhodko and Partners» have extensive experience working with criminal proceedings of varying complexity and know how to effectively use the disclosure procedure to protect the client’s interests.

Need assistance with analyzing criminal case materials? Leave a request using the form below. Our specialists will review your situation and calculate the cost of legal assistance based on the volume of materials and the complexity of the case.