Appeal against decision to discontinue criminal proceedings

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Appeal against decision to discontinue criminal proceedings

Criminal proceedings may be closed for various reasons, but this does not always mean the final conclusion of the case. In some cases, the victim or other parties to the proceedings may disagree with and appeal the decision.

Legal advice on appeals against the decision to close criminal proceedings

Grounds for appeal against the decision to close criminal proceedings

  • Lack of due process in decision-making:
  1. Improper notification of criminal proceedings to participants;
  2. Failure to meet pre-trial investigation deadlines;
  3. No request by the prosecutor to close criminal proceedings;
  4. Failure to provide participants with an opportunity to express their views;
  5. Failure to comply with other procedural rules that affected the legality and reasonableness of the determination.
  • Incomplete or unilateral investigation of the case:
  1. No examination of witnesses who could provide important information;
  2. Lack of necessary expertise;
  3. Failure to investigate all evidence relevant to the case;
  4. Unilateral evaluation of the collected evidence.
  • Incorrect action qualification:
  1. Incorrect definition of criminal offence;
  2. Improper application of the law;
  3. Unlawful exemption from criminal responsibility.

Important:

  • The grounds for challenging the decision to close criminal proceedings are not exhaustive.
  • When challenging a determination, it was important to clearly state the grounds and provide supporting evidence.
  • It is recommended to consult a lawyer for qualified assistance.
  • A complaint may be filed within 10 days of receiving a copy of the ruling.
  • The complaint shall be submitted to the investigator of the judge at the location of the pre-trial investigation body that issued the ruling.

Possible outcome of the complaint

The investigating judge may:

  1. Dismiss the complaint: in this case, the decision to close criminal proceedings remains in force;
  2. Repeal the decision to close criminal proceedings: in this case, proceedings will be resumed;
  3. Amend the decision to close criminal proceedings, in which case the shortcomings of its adoption may be remedied.

Приходько та партнери

Recommendations for writing a complaint against the closure of criminal proceedings

  • Introduction:
  1. Specify the details of the contested ruling (name of the court, case number, date of determination).
  2. State who you are (victim, witness, lawyer) and your procedural role in the case.
  3. Briefly describe the case and the circumstances that led to the closure of the criminal proceedings.
  • Reasons for not agreeing with the definition:
  1. Tell us exactly what you disagree with in the ruling.
  2. Explain why you find the definition illegal and unfounded.
  3. Provide clear and reasoned evidence to support your position.
  4. Refer to the relevant articles of the Ukrainian Criminal Procedure Code and other normative legal acts.
  • Application part:
  1. Clearly state what you are asking the court. For example, you can ask:
  2. Repeal the decision to close criminal proceedings;
  3. Amend the decision to close criminal proceedings and require the investigator to conduct further investigation;
  4. Rescind the decision to close criminal proceedings and refer the case to a new pre-trial investigation.
  • Annexes:
  1. Add to the complaint copies of documents supporting your position (for example, interrogation reports, expert reports, statements).
  2. The list of attached documents should be indicated in the complaint.

General recommendations:

  • The complaint should be written clearly, concisely and clearly.
  • Avoid emotional remarks and insults.
  • Carefully check the text of the complaint for errors.

Why is it important to contact a specialist of our company?

Appealing to a lawyer to challenge the decision to close criminal proceedings is important for several reasons:

  1. Defense of Rights. An attorney will help you defend your rights and interests in court. He would assess the facts of the case and do everything possible to convince the court of the need to extend the investigation.
  2. Experience and knowledge of the law. The lawyer has knowledge of procedural law and experience in criminal cases. He could understand whether there were grounds for appeal against a decision to dismiss a case and what arguments could be effective in court.
  3. Representation of interests in court. The lawyer will represent you in court and will appeal the decision to close the criminal proceedings. He will argue your case and use all available legal means to achieve a positive result.
  4. Possibility to change the court’s decision. Successful appeal may lead to revision of the decision to close the case and its further consideration by the court.

Приходько и партнеры

Therefore, appealing to a lawyer against the decision to close criminal proceedings will help you to effectively protect your rights and achieve a fair result in the trial. To consult or calculate the price of appealing against the decision to close criminal proceedings – fill out the form below.

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Prykhodko Andrii
Managing partner

Lawyer, Doctor of Laws, recognized media expert on legal issues, legal adviser to famous politicians and businessmen.

Contact now
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