Pre-trial investigation

Quite often, people treat criminal cases lightly. This cannot be done under any circumstances. In most cases, even the smallest mistake can provoke the onset of inevitable consequences. At the stage of the pre-trial investigation, it is very important to involve a professional lawyer. It is a professional lawyer who will be able to lay down the strategy of the future line of defense even at the stage of the pre-trial investigation.

Criminal procedure: the right to defense

Any citizen of Ukraine, having the status of suspect, accused, convicted, etc. has the right to protection. Professional defense consists in giving a person the opportunity to provide his own explanations regarding the suspicion/accusation, collection and presentation of evidence, implementation of other procedural rights, which are provided for by the current Criminal Procedure Code of Ukraine.

It is important to remind once again that pre-trial investigation is one of the first and main stages of criminal proceedings. At this stage, representatives of law enforcement agencies collect evidence to establish the circumstances of criminal acts and the identity of the suspect. At the stage of pre-trial investigation, the protection of the suspect’s rights is critically necessary. The further course of the case will depend on the lawyer’s actions.

It is the lawyer who will ensure that the applicable procedural norms are not violated at the stage of the pre-trial investigation. The defense of the suspect also involves the development of a strategy for the defense of the suspect. A lawyer is an active participant in search (investigative) actions.

All participants in a criminal case representing the prosecution (prosecutor, investigator, investigating judge, court) must ensure all rights of the suspect/accused. It must be remembered that he has all the rights within the current Ukrainian legislation. These rights include:

1. Proving one’s own innocence.
2. Protection of your rights.
3. The possibility of obtaining a mitigation of the sentence.

In addition, we note that the suspect has the right to professional legal assistance.

Terms of pre-trial investigation

The criminal procedural legislation of Ukraine establishes the following: the beginning of a pre-trial investigation — the entry of information about the commission of criminal offenses into the Unified Register. We are talking about the Register of pre-trial investigations. For this, a statement from the injured party or a report from representatives of law enforcement agencies is sufficient.

After the beginning of the stage of the pre-trial investigation, the investigator begins the relevant investigative actions. Since January 2024, changes have been made to the Law of Ukraine No. 3509-IX. This Law defines that the term of the pre-trial investigation is calculated from the moment when the person received a notification of suspicion. Completion of the pre-trial investigation — transfer of the case to court or a decision to close a valid criminal proceeding. In connection with the new changes, in the absence of a notification of suspicion, the terms of the pre-trial investigation are not regulated.

Advantages of professional legal assistance

Every criminal case is inherently unique. That is why lawyers Prykhodko and Partners use all its features to develop an effective defense strategy. The lawyers will analyze in detail all the available documents and the evidence base to refute or mitigate the guilt of the accused. Specialists of the Prykhodko and Partners law office do not use standard solutions, but create a competent and unique defense.

Involvement of a lawyer at the stage of pre-trial investigation is a 100% guarantee of high-quality cooperation. All information of our customers is securely protected. Our lawyers adhere to legal professional secrecy. No information related to criminal proceedings will be declassified.

At the stage of the pre-trial investigation, lawyers:

1. They conduct consultations on the application of current procedural norms and criminal legislation.
2. They familiarize themselves with the materials of valid criminal proceedings (this is regulated by Article 221 of the Criminal Procedure Code of Ukraine). Based on the received data, effective protection tactics are developed.
3. They actively interact with investigators, the prosecutor during interrogations and other investigative actions, monitor their compliance with the legality of actions taken.
4. They are engaged in the preparation of complaints, statements, motions and other procedural documents.
5. Collect and analyze the necessary evidence.
6. Decisions/actions/inaction of the investigating judge, prosecutor, investigator are appealed in accordance with the procedure defined by the current legislation.
7. Provide other services within the framework of current criminal legislation.

Thus, the assistance of a lawyer at the pre-trial investigation stage is the key to the success of the entire criminal case. Contact professional lawyers, specialists of the Prykhodko and Partners law office.