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
Statement of claim for the commission of a criminal offense (crime)
The current Ukrainian legislation provides the following: every citizen has the right to protect his interests in case of their violations or non-recognition. For example, Article 55 of the Constitution of Ukraine provides that every citizen can legally protect his rights and freedoms from illegal encroachments and violations in court. For this, you need to file a claim. This is a document that the plaintiff presents to the court in the form established by procedural legislation. Drawing up a statement of claim is an important stage of preparing the case for consideration in court. If you need to prepare a statement of claim for the commission of a criminal offense (crime), the specialists of our Prykhodko and Partners law office will help you with this.
Statement of the commission of a crime: what should be taken into account?
If you have witnessed the commission of a criminal offense, you must contact the law enforcement officers. Firstly, it can be a phone call, secondly, writing a statement at the Police Department.
The current legislation regulates the following: the prosecutor, the investigator must immediately, within a maximum of 24 hours after the application was submitted, report on the offense committed.
Police representatives are obliged to accept and register a statement/report about a committed crime. As feedback from the police, you should receive a message (reference) regarding the acceptance and subsequent registration of the application. In order to control the entry of information into the Unified Register of Pretrial Investigations, it is better to submit the request in person or by registered letter.
Components of a claim statement
Let’s start with the fact that the application is submitted in writing. It is signed by the claimant or the claimant’s representative.
The statement of claim provides mandatory structural components:
- Name of the court.
- Information about the plaintiff.
- Content of claims.
In the event that the lawsuit was filed not against one, but several defendants, the content of the requirements is addressed to each. Also, in the application, the circumstances on which the claims of the claim will be based must be stated in detail. Additional information in the form of appendices is attached to the statement of claim.
How is a claim filed?
The statement-claim is submitted to the court at the place of residence/registration of the defendant. It is very important to make an additional copy of the application with the receipt of your claim at the court office.
If the statement of claim is sent by mail, it is best to use a valuable letter with a detailed description of the attachment, as well as a notice of delivery. In this way, you will receive proof of submission of the application to the court.
We recommend solving your problems at the stage of pre-trial settlement of the case. All court processes require significant expenditure of effort, time and financial resources. If you plan to go to court, you should enlist the support of professional lawyers Prykhodko and Partners.
Compliance with all procedural requirements for the design and content of the claim statement is an important component that ensures the initiation of criminal proceedings. The claimant must clearly and clearly formulate and justify the requirements.
In order not to miss important information and to be sure of the correctness of the claim statement, it is better to contact specialists. Our lawyers have the necessary experience and will be able to advise you on each specific situation. We provide full legal support in criminal cases. You can trust us to represent your interests.
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