Appealing the decision on the selection of the event

An important guarantee of protection of the interests and rights of participants in criminal proceedings provided for by the current Ukrainian legislation is the right to appeal the decisions of investigators. This especially applies to the stage of pre-trial investigation. Article 309 of the Criminal Procedure Code of Ukraine (parts one and two) contains a whole list of decisions that can be appealed. In particular, we are talking about choosing a preventive measure. If you need to appeal the decision on the selection of a preventive measure, the specialists of our Prykhodko and Partners law office will help you with this.

Legislative framework of the issue

According to the current Ukrainian legislation, the following types of preventive measures are distinguished:

• Personal guarantee and personal commitment.
• House arrest.
• Pledge.
• Detention.

The above types of preventive measures differ in different degrees of “severity”. For example, the mildest measure is personal commitment, the harshest is detention.

In the appellate procedure, it is possible to challenge court decisions on the selection of a preventive measure. This can be, for example, the most common preventive measure in the form of detention or extension of the detention period (Articles 331, 392 of the Criminal Procedure Code). Important: such a decision can be appealed not only by the accused and his defense counsel, but also by the prosecutor.

Very often, there are many questions about how appropriate it is to choose a preventive measure in the form of detention in cases where the suspect is absent (that is, he is on an international wanted list).

Choosing one or another option of a preventive measure (among the most common options of which is detention) is a procedure that has the legal consequence of limiting the rights to freedom of the individual, as well as to inviolability.

How to appeal the decision on the selection of a preventive measure?

The procedure for appealing a decision on the selection of a preventive measure is almost no different from the procedure for its selection.

Depending on the situation, the lawyer or the prosecutor submits a request to the court to change the preventive measure. The relevant documents must be attached to such a request.

The next stage is consideration of the specified request in court. The suspect, the prosecutor, and the lawyer provide oral explanations as part of the relevant court proceedings regarding the specified motion.

After that, a court decision is passed. The court, after considering the petition, chooses one of the options: to leave it unsatisfied or to satisfy it. After that, the court decision is appealed in the court of appeal. This happens based on the filing of an appeal by an interested person.

Assistance of professional lawyers in challenging the decision on the selection of the event

Summing up, it is worth noting the following: a preventive measure is considered as a real deterrent to the commission of new crimes or one of the measures of the prosecution’s influence on the suspect.

That is why the main goal of Prykhodko and Partners lawyers is to take measures provided for by the current Ukrainian legislation to effectively protect the interests and rights of clients. Our specialists have the necessary practical experience in cases related to the appeal of the decision on the selection of a preventive measure. We guarantee proper protection of your interests and the interests of your family and friends. The key to our long-term success is an individual approach to each case.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services in cases of appeal of a decision on the selection of a preventive measure, fill out the form below.