Criminal defense

Services of a criminal defence attorney in Kyiv in resolving criminal cases:

• Defence of a suspect by an attorney in a criminal case;
• A Kyiv attorney in the protection of the lawful rights and interests of an accused person;
• Protection of the rights of a victim at the stage of pre-trial investigation;
• Services of an attorney in protecting the rights and lawful interests of a witness in the police, the prosecutor's office, the Security Service and in court at the stage of pre-trial investigation.

An attorney will defend a suspect in a criminal case in Kyiv and the Kyiv region

Knowing the circumstances of the case, it is possible to choose the most effective defence strategy from the beginning of the pre-trial investigation to the end of the trial, to substantially mitigate the guilt of the suspect and therefore the sentence imposed. Thus, instead of an actual term of imprisonment, the accused may receive a suspended sentence.

A suspect is a person who has been notified of suspicion in the manner provided for by Articles 276-279 of the Code, or a person detained on suspicion of having committed a criminal offence (Art. 42 of the Criminal Procedure Code of Ukraine).

As a rule, it is precisely the first period of the investigator's work with the suspect (the detainee) that is the most important for the entire further investigation of the case and its consideration in court. It is during this period that the first testimony is given, which sometimes plays a decisive role.

Explanation of rights and making the right decisions in the stressful situation of detention or interrogation, developing a defence strategy and identifying the problematic points and the weak spots of the situation are possible only with the participation of an attorney.

The giving of testimony by a suspect cannot be regarded as his procedural obligation. In this respect the suspect is fully equated with the accused. His interrogation must be conducted in accordance with the rules for interrogating an accused person. A suspect bears no criminal liability for refusing to give testimony or for giving knowingly false testimony.

At the stage of pre-trial investigation the attorney uses the following methods of defending the client:

1. Developing a defence strategy for the suspect;
2. Challenging the preventive measure;
3. Representing the interests of the suspect during the pre-trial investigation;
4. Advising the suspect on any questions;
5. Taking part in investigative actions;
6. Where necessary, visiting the client in the pre-trial detention centre;
7. Drafting statements, complaints and motions and monitoring the timely receipt of replies;
8. Obtaining the necessary expert opinions;
9. Collecting materials and information about facts that may be used as evidence in the criminal case;
10. Reviewing the records of interrogations, confrontations and expert examinations and submitting comments on their content, and more.

Defence in the process of being brought to criminal liability is the attorney's principal task. After all, it is the attorney who opposes the prosecution and constitutes the defence. Under the law a suspect may defend himself, but such actions will be ineffective: defending yourself on your own, it is impossible to see the situation objectively and not to give way to emotions, especially without understanding the tactics of the police and other pre-trial investigation bodies or the rules of criminal procedure. Self-defence is therefore more likely to lead to irreparable mistakes and to give the pre-trial investigation the opportunity to obtain all the evidence needed to prove your guilt, even if you have done nothing unlawful.

What is important for a suspect is the correct presentation of evidence and the identification of exactly those facts which prove the innocence of the suspect and refute the accusation. It is known from practice that during interrogation suspects have given testimony about crimes they did not commit. The reasons for such actions may be unlawful or improper methods of interrogation, a depressed moral state, mental instability, an unfortunate combination of circumstances, an attempt to relieve a close person of responsibility, and even physical pressure. That is why it is very important to give testimony precisely in the presence of an attorney.

It is the attorney who may lawfully monitor the work of the pre-trial investigation and demand, in accordance with the Criminal Procedure Code of Ukraine, an objective and comprehensive examination of the circumstances of the case and the identification of circumstances that exonerate the suspect or the accused.

The attorney has the right to conduct his own independent investigation, to collect evidence and to file motions for the investigative actions needed to prove the innocence of the suspect. It is also the attorney who can ensure that the suspect gives testimony without the use of violence, threats or other unlawful measures.

In the course of the pre-trial investigation the attorney, protecting your interests, will be able to review the materials of the case justifying the detention, to demand that the prosecutor's office or the court verify the lawfulness of the detention and the remand in custody, and to obtain a change of the preventive measure to a milder one.

During confrontations between the suspect and the victim or witnesses, the attorney prevents the investigator from obtaining the answers he needs to build the accusation, because the attorney also has the right to put questions to the participants of the interrogation.

The attorney will put such questions that the answers received exonerate the suspect or refute his guilt. The answers are recorded in the interrogation or confrontation record and become evidence of innocence or refute the circumstances of the case. During the trial the attorney will use these answers as evidence in favour of the accused.

Investigators often make mistakes when ordering expert examinations and put the wrong questions to the expert, which makes the examination inaccurate. When examinations are ordered, the attorney may file a motion and put his own questions to the expert, making the examination more precise and objective, and may also challenge the results of such an examination and oblige the investigation to repeat it.

Defending the interests of a suspect or an accused person during the pre-trial investigation, the attorney will competently challenge the unlawful actions of the bodies of inquiry and the prosecutor's office.

Rights of a suspect

A suspect has the right:

• to know which criminal offence they are suspected of committing
• to be clearly and promptly informed of their rights under the Criminal Procedure Code of Ukraine and to receive an explanation of them
• on first request — to have a defence counsel and to meet them before the first questioning under conditions ensuring confidentiality, and after the first questioning — to have such meetings without limitation of their number or duration
• to have the defence counsel take part in questioning and other procedural actions
• to waive the defence counsel at any moment of the criminal proceedings
• to receive legal assistance at the expense of the State in the cases provided for by the Code and by the law on free legal aid, including where there are no funds to pay for it
• to say nothing regarding the suspicion against them, or to refuse to answer questions at any moment
• to give explanations and testimony regarding the suspicion, or to refuse to give them at any moment
• to demand verification of the grounds for detention
• in case of detention or remand in custody — to have family members, close relatives or other persons immediately notified of the detention and of their whereabouts
• to collect and submit evidence to the investigator, prosecutor and investigating judge
• to take part in procedural actions; during them to put questions and submit comments and objections regarding the procedure, which are entered into the record
• to use technical means during procedural actions in which they participate, subject to the requirements of the Code. The investigator, prosecutor, investigating judge or court may prohibit their use during a particular action or at a certain stage of the proceedings in order not to disclose information protected by law or concerning a person's private life — a reasoned decision is issued to that effect
• to file motions for procedural actions and for safety measures in respect of themselves, their family members, close relatives, property and home
• to file challenges
• to review the materials of the pre-trial investigation upon its completion
• to appeal against decisions, actions and inaction of the investigator, prosecutor and investigating judge

Obligations of a suspect

• to appear when summoned by the investigator, prosecutor, investigating judge or court and, if unable to appear at the appointed time, to notify them in advance
• to perform the duties imposed by a decision on the application of measures securing the criminal proceedings
• to comply with the lawful — and only the lawful — demands and instructions of the investigator, prosecutor, investigating judge and court

A suspect is handed a memorandum of their procedural rights and obligations at the same time as they are notified of them.

Why self-defence does not work

Defence in the process of being brought to criminal liability is the attorney's principal task: it is the attorney who opposes the prosecution and constitutes the defence.

Under the law a suspect may defend themselves, but such an approach is rarely effective. Defending yourself, it is impossible to see the situation objectively and to keep emotions aside — especially without understanding the working tactics of the police and other pre-trial investigation bodies, or the rules of criminal procedure. Self-defence therefore tends to lead to irreparable mistakes and gives the investigation every opportunity to gather the evidence it needs to prove your guilt, even if you have done nothing unlawful.

What matters for a suspect is the correct presentation of evidence and identification of precisely those facts that establish innocence and refute the accusation. Practice shows that during questioning suspects have given testimony about offences they did not commit. The reasons may be unlawful or improper methods of questioning, a depressed moral state, mental instability, an unfortunate combination of circumstances, an attempt to shield a loved one from liability — and even physical pressure.

It is not uncommon for a suspect to be questioned as a witness. Under threat of criminal liability for refusing to testify — since questioning of a witness is accompanied by a warning about such liability — the person is compelled to give testimony against themselves, which turns a witness into a suspect through the witness's own mistake and ignorance of their lawful rights. That is why it is so important not to give any explanations before your attorney arrives.