Appeal against the decision to elect a preventive measure

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Appeal against the decision to elect a preventive measure

A preventive measure is a procedural coercive action that is applied to a suspect, an accused in order to prevent evasion from appearing in court, an investigator, a prosecutor, as well as to prevent the commission of a new crime, pressure on witnesses, destruction of physical evidence, etc.

Precautions: types and features

  • Personal commitment:
  1. The essence: the suspect or the accused undertakes to fulfill certain duties imposed on him by the court.
  2. Advantages: not associated with deprivation of liberty.
  3. Disadvantages: May not be effective if the suspect or accused is unwilling to cooperate with law enforcement.
  • Personal guarantee:
  1. The essence: one or more persons vouch for the suspect, the accused and are responsible for his failure to appear in court.
  2. Advantages: not associated with deprivation of liberty.
  3. Disadvantages: need to find guarantors who have a stable financial position and an impeccable reputation.
  • Pledge:
  1. The essence: depositing a sum of money into the court’s deposit account.
  2. Advantages: Can be an alternative to detention.
  3. Disadvantages: requires significant funds.
  • House arrest:
  1. The essence: prohibition of the suspect or the accused to leave the place of residence without the permission of the court.
  2. Advantages: not related to detention in a pre-trial detention center.
  3. Disadvantages: can significantly limit freedom of movement and personal life.
  • Detention:
  1. The essence: the strictest preventive measure, which consists in keeping the suspect or the accused in a pre-trial detention facility.
  2. Advantages: Effectively prevents evasion of justice, pressure on witnesses and destruction of evidence.
  3. Disadvantages: associated with deprivation of liberty, which is a significant restriction of human rights.

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When can you appeal the decision on the selection of a preventive measure?

The decision on the selection of a preventive measure can be appealed in the appeal procedure within 5 days from the day of its announcement.

Grounds for appealing the decision on the selection of a preventive measure may be:

  • Illegality and unreasonableness of the resolution:
  1. Incorrect application of the norms of the criminal procedural law;
  2. The inconsistency of the selected preventive measure with the risks it is supposed to prevent;
  3. Lack of proof of the risks that the selected preventive measure is supposed to prevent;
  4. Non-compliance by the court with the procedure for choosing a preventive measure.
  • The presence of new circumstances that indicate the unreasonableness of the selected preventive measure:
  1. Changing the risks that the preventive measure is supposed to prevent;
  2. Change in the personal circumstances of the suspect, the accused (for example, health, marital status);
  3. The presence of good reasons that make it impossible to carry out a preventive measure.

Who and how can appeal the decision on the selection of a preventive measure

The decision on the selection of a preventive measure may be appealed by:

  1. Suspect, accused;
  2. Defender of the suspect, the accused;
  3. Prosecutor;
  4. Victim;
  5. Civil plaintiff;
  6. Civil defendant.

An appeal against a decision on the selection of a preventive measure is submitted to the Court of Appeal through the court that issued this decision.

The assistance of our lawyers in appealing a decision on the selection of a preventive measure

Our lawyers have extensive experience in handling cases related to the appeal of decisions on the selection of a preventive measure. We will help you:

  • Analyze the decision on the selection of a preventive measure and determine the grounds for its appeal:
  1. To study all the circumstances of the case, which are important for choosing a preventive measure;
  2. Analyze the legality and validity of the resolution;
  3. To determine whether violations of the norms of the criminal procedural law were allowed by the court.
  • To draw up and submit a complaint against the decision on the selection of a preventive measure:
  1. Correctly file a complaint, taking into account the requirements of the law;
  2. To justify the requirements of the complaint with references to the norms of the law and the practice of judicial bodies;
  3. Add all necessary documents to the complaint.
  • To represent your interests in the Court of Appeal:
  1. To speak at court hearings;
  2. Defend your position;
  3. Provide the court with the necessary evidence and explanations;
  4. Appeal the decision of the appellate court in the cassation procedure, if necessary.

Advantages of contacting our lawyers:

  • Extensive experience: our lawyers have many years of experience in conducting cases related to the appeal of decisions on the selection of a preventive measure;
  • In-depth knowledge: our lawyers have in-depth knowledge of criminal procedural law and the practice of its application;
  • Highly qualified: our lawyers are highly qualified and constantly improve their knowledge;
  • Individual approach: we approach each case individually, taking into account all its circumstances;
  • Fair prices: We offer fair prices for our services.

By contacting our lawyers for help, you can be sure that your rights and interests will be protected as much as possible.

For consultation or calculation of the price of appeal of the decision on the selection of a preventive measure – 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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