... in the unified register of pre-trial investigations, a week has passed and nothing is being done?
... in the unified register of pre-trial investigations, a week has passed and nothing is being done?
According to Art. 303 of the Criminal Procedure Code of Ukraine, the inaction of the investigator, the prosecutor, which consists in the failure to enter information about a criminal offense into the EDPR after receiving a statement or notice of a criminal offense, may be appealed to the court.
What should be contained in a complaint about challenging inaction:
Name and location of the court to which the complaint should be sent
Data about the complainant (name, registration address, phone number)
The name and location of the law enforcement body whose officials did not enter information into the EDPR
The name of the document is "Complaint against the inactivity of the prosecutor/investigator/investigator, which consists in not entering information about the commission of a criminal offense into the Unified Register of Pretrial Investigations (in accordance with Article 303 of the Criminal Procedure Code of Ukraine)"
A brief summary of the circumstances of the statement about the commission of a criminal offense, that is, in essence, you need to describe to the court everything that you described in the statement about the commission of a criminal offense, which was submitted by you. We must also specify the date of submission of such an application
Indicate when and how you found out that the information was not submitted to the EYRD based on the fact of submitting your application
Legal substantiation of the grounds for filing a complaint - here you need to refer to the provisions of Art. 214 of the Criminal Procedure Code of Ukraine regarding the obligation to enter data into the EDPR upon the fact of submitting a statement about a criminal offense and Art. 303 of the Criminal Procedure Code of Ukraine regarding the possibility of appealing this type of inaction.
Prohalna part ("I ask to satisfy the submitted complaint; issue a resolution obliging the pre-trial investigation body to enter information about a criminal offense into the Unified Register of Pre-Trial Investigations and to start a pre-trial investigation based on an allegation of the commission of a criminal offense")
Attachments with which you confirm your requirements
Date of filing the complaint, signature and full name
According to Part 1 of Art. 304 of the Criminal Procedure Code of Ukraine, complaints about decisions, actions or inaction of the investigator, inquirer or prosecutor are considered by the investigating judge of the local court within the territorial jurisdiction of which the body of the pre-trial investigation whose inaction is contested is located.
Article 304 of the Criminal Procedure Code of Ukraine establishes that a complaint against such decisions, actions or inaction may be filed within ten days from the moment the decision was made, action or inaction was taken.