Lawyer for Article 345 of the CCU — defense in cases involving threats or violence against a law enforcement officer

What Does Article 345 of the Criminal Code of Ukraine Provide?

The activities of a law enforcement officer in connection with the performance of official duties are protected by Article 345 of the Criminal Code of Ukraine, which establishes criminal liability for threats against such an officer, as well as for the intentional infliction of beatings or bodily injuries (minor or moderate).

The law separately provides liability for the intentional infliction of grievous bodily injury on a law enforcement officer.

Therefore, for a proper legal assessment of a person’s actions, it is necessary to establish the specific circumstances of the incident rather than rely solely on the fact of physical contact or a conflict with a law enforcement officer.

In What Cases May Article 345 of the Criminal Code of Ukraine Apply?

Criminal proceedings under this Article may concern various situations, including:

• threats to use violence against a law enforcement officer, including while the officer is performing official duties;
• striking a police officer;
• minor, moderate, or grievous bodily injuries;
• a conflict during detention or another investigative action.

At the same time, not every conflict with a law enforcement officer automatically constitutes a criminal offense. For proper legal qualification, it is necessary to comprehensively examine the circumstances of the incident, the motives of the participants, the nature of their actions, and the available evidence.

What Is Important for Legal Qualification?

The key factor is the connection between the person’s actions and the victim’s performance of official duties. Therefore, the defense determines:

1. whether the victim has the status of a law enforcement officer;
2. whether the officer was performing official duties at the time of the incident;
3. what caused the conflict and what actions were taken by the person;
4. whether the threat was real, specific, and aimed at causing harm;
5. whether physical violence was used and the nature and severity of the bodily injuries;
6. whether the actual circumstances correspond to the legal qualification stated in the notice of suspicion.

A formal analysis of the protocol and the explanations of only one participant in the conflict is insufficient for this purpose.

What Evidence Is Examined in Such Criminal Proceedings?

The defense involves a comprehensive assessment of evidence in terms of relevance, admissibility, and sufficiency. Depending on the circumstances of the case, the following may be examined:

• detention reports and records of other procedural actions;
• reports prepared by law enforcement officers;
• testimony of the victim and witnesses;
• video recordings from body cameras, surveillance cameras, and mobile devices;
• forensic medical examination reports, medical records, and photographic documentation of injuries;
• physical evidence and documents confirming the victim’s official status.

Video recordings are particularly important, as they make it possible to establish the sequence of events and the conduct of each participant.

Defense at the Pre-Trial Investigation Stage

Engaging a defense lawyer at an early stage helps ensure that the person’s procedural rights are respected and that a legal defense strategy is developed. A lawyer may:

• participate in interrogations and other procedural actions;
• analyze the notice of suspicion and verify whether the circumstances stated in it are substantiated;
• file motions, collect and submit defense evidence, and initiate expert examinations;
• verify the admissibility of the prosecution’s evidence;
• appeal decisions, actions, and inaction of the investigator or prosecutor.

The defense position should be based on a comparison of testimony, video recordings, medical documents, and procedural materials rather than on the explanations of only one participant in the conflict.

Defense in Court

After the case materials are transferred to court, the lawyer represents and defends the accused during the trial: examines the prosecution’s evidence, questions the victim and witnesses, reviews video recordings and expert conclusions, establishes the nature and severity of bodily injuries, the circumstances in which the conflict arose, and the connection between the person’s actions and the victim’s official duties. The defense strategy is determined individually after reviewing the case materials.

Is Reconciliation Possible in Cases Under Article 345 of the Criminal Code of Ukraine?

The possibility of entering into a reconciliation agreement depends on the specific part of the Article, the circumstances of the criminal proceedings, and the procedural position of the participants.

The case law of “Prikhodko & Partners” includes cases in which a reconciliation agreement was concluded between the victim and the accused. For example, in one criminal proceeding under Part 2 of Article 345 of the Criminal Code of Ukraine, the court considered a reconciliation agreement under which the accused pleaded guilty and the parties agreed on the punishment.

Stages of a Lawyer’s Work

1. Initial consultation. Clarification of the key facts, the person’s procedural status, and the stage of the proceedings.
2. Analysis of case materials. Review of documents, evidence, the notice of suspicion, and procedural records.
3. Selection of defense strategy. Development of an action plan based on the available evidence and the actual circumstances of the case.
4. Legal support. Participation in investigative and court proceedings and preparation of procedural documents.
5. Defense in court. Presentation of the legal position and participation in the examination of evidence.

How Much Does a Lawyer’s Assistance Cost?

The cost of legal assistance in criminal proceedings is determined individually. The price may depend on: the specific part of the Article; the client’s procedural status; the stage of the criminal proceedings; the number of episodes; the volume of case materials; the number of procedural actions; the need to participate in court hearings; the complexity of the evidence; the need for expert examinations and the preparation of additional procedural documents.

After analyzing the situation, the lawyer can determine the required scope of legal assistance and calculate its cost.

If criminal proceedings have been initiated against you in connection with threats or violence against a law enforcement officer, it is important to assess the legal qualification and the evidence in a timely manner. At this stage, not only the circumstances of the conflict itself are important, but also the content of the notice of suspicion, procedural documents, statements of the participants, video recordings, expert conclusions, and other materials on which the prosecution’s position is based.

A timely analysis of these materials makes it possible to determine which circumstances require additional verification, which evidence may be subject to legal assessment, and which procedural actions are appropriate at the relevant stage of the criminal proceedings. At the same time, the defense strategy is developed individually, taking into account the actual circumstances of the incident, the person’s procedural status, and the specifics of the evidence.

Contact Prikhodko & Partners Law Firm for an analysis of the circumstances of the criminal proceedings and a calculation of the lawyer’s fees after reviewing your situation.