Appeal against the decision to change the preventive measure

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Appeal against the decision to change the preventive measure

In the course of criminal proceedings, a preventive measure may be applied to the suspect/accused, the purpose of which is to ensure his presence during the trial, to prevent him from committing new crimes, as well as to eliminate the risk of influencing witnesses or victims.

Preventive measures related to deprivation of liberty

  • Detention.

Essence: Presupposes the detention of the suspect/accused in the institution of pretrial detention (ITT) for the period determined by the court.

Duration: Detention can be applied for a period of up to 60 days, and in exceptional cases – up to 12 months.

Reasons for use:

  1. Risk of escape of the suspect/accused;
  2. The risk of committing a new crime;
  3. Risk of impact on witnesses/victims;
  4. Impossibility of applying other precautionary measures
  • House arrest.

Essence: Presupposes the permanent stay of the suspect/accused in the residential premises determined by the court, with the restriction of his right to free movement.

Duration: House arrest can be applied for up to 6 months.

Reasons for use:

  1. Risk of escape of the suspect/accused;
  2. The risk of committing a new crime;
  3. Risk of impact on witnesses/victims;
  4. Impossibility of applying other precautionary measures.

Duties of the suspect/accused:

  1. Do not leave the residential premises without the permission of the court;
  2. Do not communicate with certain persons;
  3. Appear on summons to the court, investigator, prosecutor;
  4. Wear an electronic bracelet (by court order).

Preventive measures not related to deprivation of liberty

  • Personal commitment.

Essence: Presupposes the imposition of duties on the suspect/accused:

  1. Do not travel outside of Ukraine
  2. Do not communicate with certain persons
  3. Appear on summons to the court, investigator, prosecutor
  4. Notify about change of residence

Reasons for use:

  1. No risk of escape
  2. No risk of committing a new crime
  3. No risk of impact on witnesses/victims

Pledge.

  • Essence: Presupposes that the suspect/accused or another person deposits cash bail into the court’s escrow account.

Bail amount: Determined by the court taking into account the gravity of the crime, the property status of the suspect/accused and other circumstances.

Reasons for use:

  1. No risk of escape
  2. No risk of committing a new crime
  3. No risk of impact on witnesses/victims

The bail is returned after the end of the criminal proceedings, if the suspect/accused has fulfilled all the duties assigned to him.

Cases when the change of preventive measure is illegal or inappropriate:

  • Changing the preventive measure to a more severe one without sufficient grounds. Examples:
  1. Change from house arrest to detention without reasonable risks of escape, commission of a new crime, impact on witnesses/victims.
  2. An increase in the bail amount without good reason.
  • Changing the restraint to a more lenient one when there are risks. Examples:
  1. Substitution of custody for house arrest in relation to a suspect who has a tendency to escape.
  2. Releasing a suspect on bail when he can influence witnesses.
  • Unjustified extension of the period of validity of the preventive measure. Examples:
  1. Continuation of detention for 12 months without proper justification.
  2. Continuation of house arrest in case of changes in the circumstances that caused its use.
  • Other cases:

Violation of the procedure for changing the preventive measure.

  1. Non-observance by the court of the terms of consideration of the petition.
  2. Failure to provide the suspect/accused with an opportunity to express his/her position.

Non-objectivity and groundlessness of the court decision.

  1. The court’s decision is not based on the examined evidence.
  2. The court did not consider all the circumstances of the case.

How to appeal the decision to change the preventive measure

It is important to submit a complaint to the Court of Appeal within 5 days from the moment the decision is announced. In the appeal, it is necessary to set out the reasons for disagreement with the decision, as well as to provide evidence justifying the illegality or inappropriateness of the change of the preventive measure. Copies of documents confirming the arguments of the complainant are attached to the appeal. The Court of Appeal considers the appeal within 2 months.

The main risks of appealing a decision to change a preventive measure without the help of a lawyer

  1. Incorrect filing of the appeal.
  2. Imperfect substantiation of reasons for disagreement with the decision.
  3. Failure to provide the court with sufficient evidence.
  4. Missing the deadline for an appeal.

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Why many people choose our law firm

  1. We have extensive experience in successfully challenging decisions on changing a preventive measure
  2. Our lawyers have excellent knowledge of criminal procedural law
  3. We carefully prepare appeals and collect the necessary evidence
  4. We represent the interests of clients in the appellate court
  5. We offer fair prices for legal services

Contact our law firm for help in challenging a restraining order, and we will do everything we can to protect your rights and interests.

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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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