Is it lawful to serve the suspicion without the participation of a lawyer?

The absence of a defense attorney when serving a person with a notice of suspicion, if the circumstances of the criminal proceedings are not such that, in accordance with the requirements of Article 52 of the Criminal Procedure Code of Ukraine, indicate the mandatory participation of a defense attorney, is not a violation of the person's right to defense.

The participation of a defense attorney is mandatory in criminal proceedings for particularly serious crimes. In this case, the participation of the defender is ensured from the moment the person acquires the status of a suspect. In other cases, the mandatory participation of a defense attorney is ensured in criminal proceedings:

1. in relation to persons who are suspected or accused of committing a criminal offense under the age of 18, - from the moment the fact of underage is established or any doubts arise that the person is of legal age;

2. in relation to persons in respect of whom it is envisaged to apply coercive measures of an educational nature, - from the moment of establishing the fact of minors or the appearance of any doubts that the person is of legal age;

3. regarding persons who due to mental or physical disabilities (mute, deaf, blind, etc.) are unable to fully exercise their rights - from the moment these disabilities are established;

4. regarding persons who do not speak the language in which the criminal proceedings are being conducted - from the moment this fact is established;

5. in relation to persons in respect of whom the application of coercive measures of a medical nature is expected or the issue of their application is being decided, - from the moment of establishing the fact that the person has a mental illness or other information that raises doubts about his sanity;

6. regarding the rehabilitation of a deceased person - from the moment the right to rehabilitation of a deceased person arises;

7. in relation to persons in respect of whom special pre-trial investigation or special court proceedings are being carried out - from the moment of adoption of the relevant procedural decision;

8. in case of conclusion of an agreement between the prosecutor and the suspect or the accused on admission of guilt - from the moment of initiation of conclusion of such an agreement.