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Ugrin Svyatoslav

Head of problem debt practice, criminal lawyer

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Protection of witnesses in criminal proceedings

Ugrin Svyatoslav

Head of problem debt practice, criminal lawyer

Contact now

Protection of witnesses in criminal proceedings

In the modern world, a witness, as a subject of criminal proceedings, is a person with a special procedural status, who provides reliable evidence in criminal proceedings. Such testimony of a witness is a source of evidence that the court has the right to rely on in justifying its decision in criminal proceedings. At the same time, participation in criminal proceedings as a witness provides for a number of inconveniences and dangers for a person, ranging from the obligation to appear when summoned and ending with the threat of being prosecuted, as well as revenge from the guilty party. As a result, persons who are aware of information regarding a criminal offense try to hide it from law enforcement agencies in order to avoid being brought in as witnesses.

Thus, Article 66 of the Criminal Procedure Code of Ukraine states that every witness has the right to:

  • to know in the capacity of whom, and in what criminal case he will be interrogated;
  • to involve a lawyer at the time of testifying and participating in other judicial actions;
  • refuse to give any testimony or explanations against oneself, family members, close relatives;
  • to give evidence in his native language or in another language that he speaks, as well as to use the help of an interpreter;
  • to reimburse the costs associated with the summons to testify;
  • get acquainted with the protocol of interrogation, submit an application for changes, additions and comments to this protocol, as well as make such additions and comments personally;
  • submit an application to ensure the protection of a witness or his safety in the cases provided for by law.

In this case, the witness is obliged:

  • to appear when summoned for a summons for interrogation as a witness, to a prosecutor, investigator, investigating judge or court;
  • to testify during the pre-trial investigation and trial;
  • not to disclose, without the permission of the investigator or prosecutor, investigation materials directly related to criminal proceedings and procedural actions that are carried out in the production process and which became known to the witness in connection with the performance of their duties.

Features of the protection of witnesses in criminal proceedings

A key feature of the procedural status of a witness, which distinguishes him from other participants in criminal proceedings, in particular from the victim, suspect, accused, is the obligation to provide evidence on the merits of the proceedings.

Criminal procedural guarantees of confidence in the testimony of witnesses are aimed at creating conditions that, on the one hand, induce the witness to give truthful testimony about the circumstances related to criminal proceedings, and, on the other hand, are designed to ensure their objective verification and assessment to establish the factuality of events.

The main guarantees of confidence in the testimony of a witness are:

  • legal status;
  • witness immunity;
  • guarantees of legal assistance to a witness by a lawyer;
  • guarantees of the safety of the witness;
  • prohibition of illegal influence on the testimony of a witness;
  • a procedural form of interrogation of a witness to confirm the authenticity of his testimony.

Participation in criminal proceedings of a witness is associated with the need for oral contact with the subjects who conduct procedural actions, reproducing information that they know. In this case, the witness (his testimony), as the most truthful source of evidence, in contrast to the suspect, the accused and the victim, legally assumes the obligation under fear of criminal liability to testify and give real (true) evidence of the essence of criminal proceedings.

Legal status of a witness

The legal status of a witness is a system of normative and regulatory norms of the criminal process in relation to the rights, duties and limitations of liability of a person acting as a witness, for the maximum implementation by this person of a socially significant function – the implementation of the tasks of criminal proceedings. However, to implement this function, the state in certain cases is forced (and we believe that the state is obliged) to take on the responsibility of protecting the witness.

Ukrainian legislation security measures for the protection of witnesses in criminal proceedings are subdivided into:

  • legal – establishment of responsibility for intrusion on the life, health and property of individuals, protection and procedural responsibility – compliance with the procedure for obtaining information from informed persons;
  • socio-economic – providing the opportunity to change biographical data, place of residence and place of work;
  • physical – ensuring security, technical protection of residential and office premises, etc.

As you can see, in accordance with the current legislation of Ukraine, the witness (as well as his family members) is A full-fledged person who must be guaranteed the right to protection. Thanks to the experience of our team, you will receive protection and will always be one step ahead.

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 work:

Leave a request in a convenient way for you: through the feedback form by e-mail or call
We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we start working on your question right away

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1 question

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2 question

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3 question

What articles of the Criminal Code are used to investigate a criminal case?


4 question

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5 question

Are you in Kiev or Kiev region?


6 question

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