Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Changing the preventive measure during the pre-trial investigation
The main grounds for choosing a preventive measure are the sufficiency of evidence and reasonable suspicion. This applies to various stages of criminal proceedings, in particular, the pre-trial investigation. Among the most common types of preventive measures: bail, bail, house arrest, commitment, detention. In some cases, the lawyer may initiate the choice of an alternative preventive measure during the pre-trial investigation. The lawyers of our law firm “Prykhodko & Partners” will take all necessary legal actions to cancel or change the preventive measure.
Choosing a preventive measure: what factors are taken into account?
The main factors taken into account in the process of choosing a preventive measure are:
- The presence of sufficient evidence in the investigation to substantiate the guilt of the accused.
- The age of the accused.
- The characteristics of the suspect’s condition (both physical and psychological).
- The presence of minor children in the suspect’s care.
- Previous criminal records, recording of previously committed offenses.
- The amount of damage caused by the suspect in the process of committing illegal activities.
Our lawyers take an active position in the process of criminal proceedings, in particular, when choosing a preventive measure. This is a very important stage of the criminal process, which further affects the consideration of the case.
Changing a preventive measure: the norms of current legislation
The issue of changing or canceling a preventive measure is regulated by the norms of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC). In particular, we are talking about Article 201 of the CPC. According to this article, changes in a preventive measure are possible in the event of a change in the circumstances that the court took into account in the process of its selection.
Among such grounds:
- The behavior of the suspect (absence of any illegal actions related to compliance with the conditions of the preventive measure).
- Completion of the first stage of the investigation of the case, its transfer to the court for consideration.
- New qualification of the crime.
- Absence of evidence of the suspect’s illegal activity.
- Absence of risky behavior on the part of the suspect.
Personal circumstances may also be grounds for adjusting a preventive measure at the stage of the pre-trial investigation (the need to care for relatives with disabilities, deterioration of general health, etc.).
Quite often, at the stage of the pre-trial investigation, the circumstances of the case change (for example, due to new evidence). This leads to a softening of the legal qualification of the unlawful conduct or, conversely, to a more severe qualification. In this case, the prosecutor must file a motion with the court to change the charges. After the motion is approved, the accused and his lawyer are informed about the changes. This may have a direct impact on the use of a preventive measure.
Who initiates the selection of another preventive measure?
Changing a preventive measure is based on a petition. It is submitted to the court or the investigating judge who is dealing with the case. Among the stages of this process:
- Filing the petition.
This document is drawn up in free form. The following components must be indicated: the applicant’s data; detailed information about the criminal proceedings; detailed justification for the need to change the preventive measure (for this, you must indicate a reference to the relevant norms of the Code of Criminal Procedure, provide evidence that will confirm the change in circumstances).
The petition is supplemented by: the characteristics of the suspect (from the place of study/work), medical documents, etc.
- Sending the document.
Prikhodko & Partners lawyers will file a petition with the court. If the suspect is being held in custody, the petition is filed through the administration of the pre-trial detention center.
- Consideration of the petition in court.
The hearing must be held in open session. For this purpose, the suspect, investigator, and prosecutor are summoned. As a result, the court may fully satisfy the motion, changing the preventive measure or leaving it unchanged.
Thus, within the framework of the pre-trial investigation, our lawyers comprehensively protect the client’s interests, in particular, by replacing the preventive measure with a more lenient one.
How can we help?
The professional activities of the lawyers of “Prikhodko & Partners” allow us to:
- Competently justify the change of a preventive measure.
- Prepare the necessary evidence base.
- Qualitatively represent the interests of the suspect during the consideration of the case in court.
- Reasonably refute the arguments of the prosecution.
So, at the stage of the pre-trial investigation, it is quite possible to change a preventive measure. The main thing is to enlist the support of qualified lawyers.
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We work throughout Ukraine and abroad, so many clients want to receive consultation remotely. If you are unable to come to our office in Kyiv for a consultation, we can conduct it for you online or by phone.
How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
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