Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Petition to close criminal proceedings
It’s no secret that mistakes happen in the modern Ukrainian judicial system. The lawyers of our Prykhodko and Partners law office will help defend your rights and restore justice. We will prepare a high-quality petition that will allow you to close the criminal proceedings and thus protect your interests.
In what cases is a motion to close a valid criminal proceeding submitted?
To begin with, we note that any criminal proceeding ₋ is a long process, which involves the implementation of investigative actions by representatives of law enforcement agencies regarding an act that falls under the category of criminal. However, even at the stage of the investigation, that is, before the trial in court, we may be talking about the prompt closure of the criminal case. It can happen for various reasons (this is regulated by Article 284 of the Criminal Procedure Code of Ukraine).
Among the main reasons that allow closing a criminal case:
- Absence of a criminal act.
- Availability of a court decision on a similar accusation.
- Reaching a compromise between the parties.
- Exoneration of a person from liability in criminal proceedings.
- The prosecutor’s refusal to support the state prosecution.
Each lawyer has the right to submit an appropriate petition to the prosecutor or investigator regarding the need to conduct investigative actions and take other measures that have a decisive role in criminal proceedings. The term of their consideration is no more than three days from the moment of submission of the petition.
After consideration of the petition, the lawyer must be informed of its results. For example, if a partial/full refusal to grant the request was received, a reasoned decision must be provided. Its copy is given to the defender. If it is impossible to do this for an objective reason, the resolution is sent to him.
At the request of the lawyer, the prosecutor or the investigator must provide the materials of the pre-trial investigation for perusal. Exceptions are materials related to the application of security measures.
Peculiarities of filing a motion to close a criminal case
As mentioned above, in addition to the fact that a criminal case may be closed in the absence of sufficient reasons, another situation may also occur – groundless pre-trial investigation. In this situation, the only solution will be to submit a motion to close the criminal case. Representatives of law enforcement agencies open criminal cases against both legal entities and individuals for the purpose of pressure and often without grounds. At the same time, the person did not commit any illegal actions. Lawyers Prykhodko and Partners will be able to file a motion to close the criminal case in the absence of criminal acts.
As for natural persons, the petition can be submitted directly to the prosecutor or investigator. The situation with legal entities is much more complicated: employees and managers of companies and private firms pass through the case as witnesses until a suspect is found.
Assistance of professional lawyers with the submission of a motion to close a criminal case
In order to appeal or close a criminal case, you should enlist the support of professional lawyers. It is necessary to collect all the necessary evidence and documentary base. The knowledge and practical experience of Prykhodko and Partners lawyers will allow to close criminal proceedings as quickly as possible.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for filing a motion to close criminal proceedings, fill out the form below.
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Do you conduct consultations online or by phone?
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.
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