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.
The term of appeal of the decision of the investigating judge
Appealing the ruling of the investigating judge is an important procedural tool that enables participants in criminal proceedings to protect their rights and legitimate interests. On this page, we will consider in detail the issue of the term of appeal of the decision of the investigating judge, taking into account the latest changes in the legislation and current judicial practice.
What is the decision of the investigating judge?
The decision of the investigating judge is a court decision that is made during the pre-trial investigation of criminal proceedings. Decisions of the investigating judge, in particular, resolve issues of:
- Application of precautionary measures;
- Conducting searches, seizures, temporary access to things and documents;
- Removal of seizure from property;
- Permission to conduct covert investigative (research) actions;
- Addition of evidence;
- Closure of criminal proceedings.
Who can appeal the decision of the investigating judge?
The decision of the investigating judge can be appealed by:
- Prosecuting party (prosecutor, investigator);
- Suspect, accused;
- Defender of the suspect, the accused;
- Victim;
- Civil plaintiff, civil defendant;
- Other persons in respect of whom the issue was decided by the decision of the investigating judge.
The term of appeal of the decision of the investigating judge
The general term for appealing the decision of the investigating judge is five days from the day of its announcement.
According to the current legislation of Ukraine, the period for appealing the decision of the investigating judge cannot be extended. However, there are exceptions when the deadline can be recognized as a valid reason and the court can renew it.
Here are a few such cases:
- Ignorance of the person with the motivation of the decision:
If the person was not present when the final part of the resolution was announced, and the full text of the resolution was not handed to him, the appeal period may be extended from the day of receipt of a copy of the resolution.
Ignorance of the decision’s motivation can be recognized as a valid reason if the person has taken all possible measures to obtain it.
- Temporary disability of a person:
If during the appeal period the person was recognized as incapable, the term may be renewed from the day he was recognized as capable.
- Stay of a person in places of deprivation of liberty:
If during the appeal period the person was in prison and did not have the opportunity to file a complaint, the deadline may be renewed from the day when such an opportunity arose.
- Natural disasters, other extraordinary circumstances:
If natural disasters or other extraordinary circumstances occurred during the appeal period, which made it impossible to submit a complaint, the period may be extended.
- Other cases:
The court may recognize as a valid reason for missing the appeal deadline in other cases, if the person substantiates the impossibility of observing it for valid reasons.
It is important to note that:
- The burden of proving the validity of the reasons for missing the appeal period rests with the person who submits a petition for its renewal.
- A petition to extend the appeal period is submitted to the court that issued the decision.
- The court considers the petition to renew the appeal period in the court session.
It is recommended to seek help from a lawyer if you have missed the deadline for appealing the decision of the investigating judge. A lawyer will help you to make a request for extension of the appeal period and justify the validity of the reasons for its omission.
Чому ще при оскарженні ухвали слідчого судді краще звернутися до адвоката?
Чому ще при оскарженні ухвали слідчого судді краще звернутися до адвоката?Why is it better to contact a lawyer when appealing the decision of the investigating judge?
When appealing an investigative judge’s order, it is wise to consult an attorney for several key reasons. First, an experienced lawyer has deep knowledge of legal norms and procedures, which allows him to analyze the case from the point of view of the law and find effective legal arguments for challenging the decision. In addition, the lawyer possesses the skills of conducting court proceedings, which are necessary for the successful representation of the client’s interests before the court.
The second reason is the support and practical help that a lawyer can provide. He analyzes the evidence, develops an appeal strategy, prepares the necessary documents and represents the client’s interests in court, providing him with effective protection. In addition, the lawyer can provide the client with the necessary consultations and advice regarding his legal rights and opportunities in the context of challenging the decision.
The third reason is no less important – it is the reduction of stress and emotional burden for the client. Challenging the decision of the investigating judge can be difficult and require considerable effort, so the professional support of a lawyer will help the client feel more confident and calm in this process. In general, turning to a lawyer when appealing the decision of the investigating judge is a reasonable decision that will help protect the rights and interests of the client in the legal process as much as possible.
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