How can you get legal aid as a victim in...?

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... criminal proceedings? What are my rights and opportunities at the stage of investigation and trial?

10.06.2023 18:50 478

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Photo of sikorsky.y.o Yaroslav Sikorsky

To obtain legal assistance, you can contact any lawyer and conclude a contract on the provision of legal assistance with him.

There is also an opportunity to receive legal aid within the framework of the state program "Free Legal Aid", in accordance with the Law of Ukraine "On Free Legal Aid".

During the pre-trial investigation, the victim has the right:

  • for the immediate acceptance and registration of a statement about a criminal offense, recognizing it as a victim;

  • receive from the authorized body to which he submitted the application, a document confirming its acceptance and registration;

  • submit evidence to support your statement;

  • to participate in investigative (search) and other procedural actions, during which they ask questions, submit their comments and objections to the procedure for conducting the action, which are entered in the protocol, as well as to familiarize themselves with the protocols of investigative (search) and other procedural actions performed with his participation;

  • to receive copies of materials directly related to the criminal offense committed against him, after the end of the pre-trial investigation.

During criminal proceedings, the victim has the right:

  • to be informed about one's rights and obligations provided for by the Criminal Procedure Code of Ukraine;

  • to know the essence of the suspicion and accusation, to be informed about the selection, change or cancellation of the measures to ensure the criminal proceedings and the end of the pre-trial investigation in relation to the suspect, the accused;

  • submit evidence to the investigator, prosecutor, investigating judge, court;

  • to file objections and petitions;

  • if there are relevant reasons - to ensure safety for oneself, close relatives or members of one's family, property and housing;

  • give explanations, statements or refuse to give them;

  • appeal the decision, actions or inaction of an investigator, prosecutor, investigating judge, court in the manner provided by the Code of Criminal Procedure of Ukraine;

  • to have a representative and at any moment of the criminal proceedings to refuse his services;

  • to give explanations and testimony in his native language or another language that he is fluent in, to use the services of an interpreter free of charge at the expense of the state if he does not speak the state language or the language in which criminal proceedings are conducted;

  • for compensation for damage caused by a criminal offense in the manner prescribed by law;

  • get acquainted with the materials that directly relate to the criminal offense committed against him, in the manner prescribed by the Criminal Procedure Code of Ukraine, including after opening the materials in accordance with Article 209 of the Criminal Procedure Code of Ukraine, as well as familiarize with the materials of the criminal proceedings that directly relate to the criminal offense committed against him , in case of closure of this proceeding;

  • use technical means in compliance with the requirements of the Criminal Procedure Code of Ukraine when conducting procedural actions in which he participates. The investigator, prosecutor, investigating judge, court has the right to prohibit the victim from using technical means when conducting a separate procedural action or at a certain stage of criminal proceedings in order not to disclose data that contain a secret protected by law or relate to the intimate aspects of a person's life, which is ruled (decided) reasoned resolution (resolution);

  • receive copies of procedural documents and written notices in cases provided for by the Code of Criminal Procedure of Ukraine;

  • exercise other rights provided for by the Code of Criminal Procedure of Ukraine.

During court proceedings, the victim has the right:

  • to be informed in advance about the time and place of the trial;

  • participate in court proceedings;

  • participate in direct verification of evidence;

  • support the prosecution in court in case the prosecutor refuses to support the state prosecution;

  • to express one's opinion when deciding the question of imposing a punishment on the accused, as well as to express one's opinion when deciding the question of applying coercive measures of a medical or educational nature;

  • get acquainted with court decisions, the log of the court session and the technical record of the criminal proceedings in the court;

  • appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine.

10.06.2023 20:13

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