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Criminal Counsel

Criminal Counsel

The criminal lawyer will not allow illegal actions of bodies of preliminary investigation, will choose the right tactics of protection will take all necessary actions for the termination of criminal prosecution or minimize the negative consequences for the defendant.

The main task of the criminal lawyer is to identify the circumstances which justify or mitigate possible liability of the defendant.

A criminal lawyer can provide legal assistance not only to the person against which a suspect or defendant but also a witness. Given that the witness is criminally liable for his testimony, and often may in the future become suspects or accused persons, and that is why the participation of a lawyer in the process of questioning will not be superfluous rated.

The services of a criminal lawyer:

Protection of the client from the moment of detention,

  • familiarization with the test materials,
  • advising on the criminal case, qualification and other legal issues,
  • the participation of a lawyer upon receipt of the explanation of the defendant,
  • appeal of decisions on excitation of criminal case and about refusal in excitation of criminal cases.

Protection of the suspect or accused during the pretrial investigation,

  • familiarization with the materials of the criminal case and determination of the judicial prospects of the case,
  • develop and define positions and tactics of defense,
  • the attorney's participation in the production of interrogations, confrontations, searches, seizures,
  • visit the accused in detention,
  • preparation and submission of attorney requests and applications,
  • discovery of certificates and other documents to be attached to the materials of the criminal case,
  • obtaining explanations from witnesses,
  • initiation and assistance in the conduct of independent examinations
  • the appeal of the decision on election of a preventive measure
  • appeal against actions of the investigator and the Prosecutor,
  • representation of the interests of the victim, civil plaintiff, civil defendant.

The participation of a lawyer in court proceedings

  • maintenance and production of audio-recorded hearings,
  • the petition for interrogation of witnesses of protection in the course of the hearing,
  • the statement of disqualification to the judge, composition of court and other participants in the process,
  • familiarization with the record of the hearing and filing of comments on it wrong,
  • appeal against the judgment of the district court to the court of appeal,
  • preparation and filing of the appeal,
  • the participation of a lawyer in the Supreme specialized Court of Ukraine on the protection of the rights of the client,
  • conditionally-early release from punishment.

Protection of witnesses and provision of legal assistance to witnesses during interviews and interrogations.

Stage of criminal proceedings

  • adding information about the committed criminal offense in the Unified register of pre-trial investigations;
  • pre-trial investigation;
  • preparatory court meeting;
  • the trial and judicial decision by its results;
  • appeal proceedings;
  • the appeal proceedings;
  • judicial review of decisions of the Supreme Court of Ukraine;
  • revision of judgements on again opened circumstances;
  • the execution of court decisions.

Pre-trial investigation

Pre-trial investigation is one of the main stages of Criminal proceedings, which starts from the moment of entering information about a criminal offense in the unified register of pre-judicial investigations carried out in the manner prescribed by law through the investigative, covert investigative (search) and other procedural actions and decision-making process and ends with the closure of criminal proceedings or by direction of the court the indictment, motion to impose compulsory measures of medical or educational characteristic of Roux, the petition for the release of persons from criminal liability.

Pretrial investigation - is carried out in accordance with the requirements of the criminal procedure act the activities of the investigator, the meaning of which consists in collection, examination, verification, evaluation and use of evidence, prevention, preventing and detecting crimes, establishing the objective truth, the implementation of legal action to ensure correct application of the law to protect the rights and legitimate interests physical and legal persons, creating conditions for the implementation of justice.

Pre-trial investigation is conducted by investigators of bodies of internal Affairs, investigators of bodies supervising compliance by investigators of security service of Ukraine and the state Bureau of investigation. Jurisdiction of criminal cases is specified in article 216 of the criminal procedure code of Ukraine.

Pre-trial investigation of crimes is carried out in the form of preliminary investigation and criminal misconduct in the inquiry form.

Pre-trial investigation carried out by investigators of criminal offences classified as crimes.

Inquiry is a form of preliminary investigation in which the investigation of criminal offenses - criminal offenses not classified as crimes.

Inquiry is carried out in a short time (up to one month) and in a simplified manner: for pre-trial investigation of criminal offences is allowed to perform all of the investigative (search) actions under this Code, except for covert investigative (search) actions; during the pre-trial investigation of criminal offences is not allowed to use measures in the form of home arrest, bail or detention.

Pre-trial investigation starts from the moment of inclusion in the Unified register of pre-judicial investigations. The investigator, Prosecutor immediately, but not later than 24 hours after submission of statements, reports about the committed criminal offense, or after the self-identify them with any source of circumstances that might indicate a criminal offence is obliged to make the corresponding information in the Unified register of pre-trial investigations and begin an investigation. In the Unified register of pre-judicial investigations entered information about: the date of receipt of the statement or report a criminal offense or indicates the direct discovery of the crime; data on the victim or applicant; a brief statement of the circumstances that may indicate signs of a criminal offense; preliminary legal qualification of the criminal offence; data in respect of officers that have contributed information to the registry, as well as investigator, Prosecutor, who began pre-trial investigation; other legally significant circumstances of production.

The timing of the investigation

The periods of pre-trial investigation depends on its shape. Pre-trial investigation should be completed:

1) within one month from the date of notification to the person about suspicion in Commission of criminal offense;

2) within two months from the date of notification to the person about suspicion in Commission of crime.

The preliminary investigation may be extended in accordance with the law, but the total period of pre-trial investigation may not exceed:

1) two months from the date of notification to the person about suspicion in Commission of criminal offense;

2) six months from the date of notification to the person about suspicion in Commission of crime of small or average gravity;

3) twelve months from the date of notification to the person about suspicion of committing a grave or especially grave crimes.

The shape of the end of the investigation:

a) closure of the criminal case;

b) making decisions about the business direction in court to resolve the question of releasing the accused from criminal liability;

C) making decisions about the business direction in court to resolve the issue of application of compulsory measures of educational or medical nature;

g) drawing up of the indictment and sending the case to court.

Help to criminal lawyer you should contact in the following situations:

An economic crime.

Such cases require long-term financial and tax audits, collection of documents, interview officials. While participation in all stages of a lawyer are often able to avoid criminal prosecution.

Dorozhno-transport incident.

Drivers in an accident to prove your innocence can be difficult, especially if there was a pedestrian down. Make a detailed diagram of the incident, find evidence, interrogate witnesses, to invite qualified independent experts — all this is the work of a lawyer.

Illegal criminal prosecution.

It is no secret that it happens. A lawyer can help in proving the groundlessness of the charges against you, together with you in accordance with your position, build tactics of behavior and protection from law enforcement, to make sure they do not abuse.