Changing the preventive measure to a more lenient one (KPC) – assistance of a lawyer in changing the preventive measure

If a person is suspected/accused of committing a particular offense, certain restrictions, i.e. preventive measures, may be applied to him during the period of pre-trial investigation. In some cases, the effect of the selected preventive measure is extended to the stage of court proceedings. Lawyers Prykhodko and Partners can help in changing the preventive measure to a more lenient one. The main task of our lawyers is to ensure all the rights of suspects.

Types of preventive measures

Among the most common types of preventive measures:

• Personal guarantee

A suspect/accused person can be bailed by persons who are trustworthy to the court and are ready to declare this in writing.

• Personal commitment

The suspect/accused certifies in writing that he undertakes to fulfill the duties assigned to him.

• House arrest

The suspect/accused does not have the right to leave his home during a certain period of the day or 24 hours a day.

• Pledge

In this case, a certain amount of money is deposited. This is a guarantee that the suspect/accused will fulfill the duties assigned to him. Important: anyone can make a deposit. It can be not only relatives and acquaintances, but also a lawyer, employer, etc.

• Detention

This is an exceptional measure applied to a certain group of persons in cases where milder measures cannot be applied. At the same time, the court is obliged to determine the amount of bail for the release of a person from custody. Exception: violation of conditions of preliminary bail, commission of particularly brutal crimes.

Factors on which the choice of preventive measure depends

The basis for the application of a preventive measure is the simultaneous presence of reasonable suspicion and risks. Among the risks may be, for example, the hiding of a suspect, obstruction of criminal proceedings, commission of other criminal offenses.

In addition, the court decision regarding the selection of a preventive measure depends on the following factors:

1. Severity of the offense committed.
2. Availability of evidence.
3. State of health and age of the suspect/accused.
4. Property status, social ties, presence of children, guardianship.
5. Presence/absence of criminal records.
6. The amount of material damage caused, etc.

Important: the severity of the possible punishment in itself cannot be a reason for applying a certain preventive measure. It is taken into account among other circumstances that testify “for”/”against” the application of the selected preventive measure.

Assistance of professional lawyers in changing the preventive measure

A lawyer plays a very important role in the selection of a preventive measure and its mitigation (if necessary). It is the lawyer who must prove that the prosecution’s position is unfounded, and therefore a milder preventive measure should be chosen. We remind you that the effect of the selected preventive measure is a maximum of 2 months. Lawyers Prykhodko and Partners will use this time to submit a motion to the court to cancel/change the preventive measure.

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