Appeal against the actions of pre-trial investigation authorities
Get a lawyer’s advice
Prosecution can often violate the rights of a suspect or a victim during pre-trial investigation. If it aims to punish someone, it will do anything to prove them guilty. If it is necessary to close the proceedings at the pre-trial stage, the prosecution can cheat in order to stop the investigation process or drop the case.
Unfortunately, such situations are common for Ukraine. Still, there is a way to control dishonest law officers – you can file a complaint against their action or inaction with the investigating judge.
Reasons for filing a complaint
You can file a complaint against the prosecutor or the investigator in the following cases:
- Their office didn’t record information about the criminal offense in the Unified Register of Pre-Trial Investigations after receiving a claim or a violation report.
- They didn’t return your property confiscated on a temporary basis.
- Pre-trial investigation process was stopped or closed without any grounds.
- They don’t not recognize your status as a victim.
- They refused an application to conduct examination.
- They changed the order of investigation without any permission.
- They refused to consider a complaint about the failure to meet reasonable investigation deadlines.
The violations are regulated by article 303 of the Ukrainian Code of Criminal Procedure.
A suspect or a victim can file these complaints, but in this case, there is no guarantee of their further consideration.
The case of the victim. A person had his house robbed. He files a claim to the police, but the investigator refuses to open the case, because, in his opinion, there is no corpus delicti. Then he applies to the prosecutor’s office, but gets another refusal there. Then he submits a complaint about the inactivity of the investigative authorities to the investigating judge which is again denied because the relevant deadline has already expired. The person has to deal with this situation on his own without any chance to restore justice (a case from our practice).
The case of the suspect. Another case – a person has been arrested on suspicion of bribery in large amounts, the investigation is under way. The suspect wants to provide alibi – at that time he was out of town. But the investigation doesn’t accept this evidence and keeps adding other facts to prove the guilt of the suspect. He submits a complaint with the investigating judge, which is not accepted because of several mistakes made in the document. The case is taken to court (one more case from our practice).
Why do both stories have a sad ending? Because they both remind of the battle between David and Goliath, but unlike in Bible tales, our David couldn’t not hit Goliath with a stone. To stop the lawlessness of the investigators’ office, we need a player of the same level. That is, a lawyer.
Just like the above-mentioned people, the lawyer will submit a complaint with the investigating judge. But, firstly, he will draft it correctly, and secondly, he will submit it before the required deadline. At the same time, he will go through the subtleties of this procedure and features of the case and underline the necessary facts. Such complaint will surely be taken under consideration, and the investigator or prosecutor will be obliged to perform their legal duties. They will have to do this, and the lawyer will monitor this process.
If you came across any violation of your rights at the pre-trial investigation, don’t hesitate to contact us. The pre-trial stage is the most important in a criminal case and has a major impact on the final result. If you do nothing, you will harm yourself and leave the guilty unpunished.
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