How can I protect my rights if I am suspected of committing...?

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...crime? What are the procedures for detention, questioning and prosecution?

10.06.2023 18:50 366

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Photo of sikorsky.y.o Yaroslav Sikorsky

The first thing you need to do is to declare your right to a lawyer, to receive professional legal assistance.

The suspect has the right to:

  1. to know what criminal offense he is suspected or accused of committing;

  2. to be clearly and timely notified of their rights provided for by the Criminal Procedure Code of Ukraine, as well as to receive their clarification;

  3. on the first request to have a defense attorney and a meeting with him regardless of the time on working days, weekends, holidays, non-working days before the first questioning with the observance of conditions that ensure the confidentiality of communication, as well as after the first questioning - meetings without a time limit and quantities on working days, weekends, holidays, non-working days; on the defense counsel's participation in the interrogation and other procedural actions; on the refusal of the defense counsel at any moment of the criminal proceedings; to obtain legal assistance of a defender at the expense of the state in cases provided for by the Code of Criminal Procedure of Ukraine and/or the law regulating the provision of free legal assistance, including in connection with the lack of funds to pay for such assistance;

  4. not to say anything about the suspicion against him, the accusation or refuse to answer questions at any time;

  5. give explanations, statements regarding suspicion, accusation or at any time refuse to give them;

  6. demand verification of the reasonableness of the detention;

  7. in the case of detention or the application of a preventive measure in the form of detention - to immediately notify family members, close relatives or other persons about the detention and their place of stay in accordance with the provisions of Article 213 of the Criminal Code of Ukraine;

  8. to collect and submit evidence to the investigator, prosecutor, investigating judge;

  9. participate in the conduct of procedural actions;

  10. during procedural actions, ask questions, submit comments and objections regarding the order of actions, which are recorded in the protocol;

  11. to 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, investigative judge, court have the right to prohibit the use of technical means during the conduct of a separate procedural action or at a certain stage of criminal proceedings for the purpose of non-disclosure of information that contains a secret protected by law or relates to the intimate life of a person, about which it is ruled (decided) reasoned resolution (resolution);

  12. to file a request for procedural actions, to ensure security for oneself, one's family members, close relatives, property, housing, etc.;

  13. to declare objections;

  14. to get acquainted with the materials of the pre-trial investigation in accordance with the procedure provided for in Article 221 of the Criminal Code of Ukraine, and to demand the opening of materials in accordance with Article 290 of the Criminal Code of Ukraine;

  15. receive copies of procedural documents and written messages;

  16. appeal the decisions, actions and inaction of the investigator, prosecutor, investigating judge in the manner provided for by the Code of Criminal Procedure of Ukraine;

  17. to demand compensation for damage caused by illegal decisions, actions or inaction of a body that carries out operational investigative activities, pre-trial investigation, prosecutor's office or court, in the manner determined by law, as well as restoration of reputation, if suspicions and accusations are not confirmed;

  18. use his native language, receive copies of procedural documents in his native language or another language that he speaks, and if necessary, use the services of an interpreter at the expense of the state;

  19. a suspect, who is a foreigner and is in custody, has the right to meet with a representative of the diplomatic or consular institution of his country, which he is obliged to provide by the administration of the place of detention.

Preventive measure in the form of detention is applied:

  1. To a person who is suspected or accused of committing a crime, for which the law provides for the main punishment in the form of a fine in the amount of more than three thousand non-taxable minimum incomes of citizens, — only if the prosecutor, in addition to the grounds provided for in Article 177 of the Criminal Procedure Code of Ukraine , it will be proven that the suspect, the accused did not fulfill the duties assigned to him when applying another, previously selected preventive measure, or did not fulfill in the prescribed manner the requirements for depositing funds as a deposit and providing a document confirming this;

  2. To a previously convicted person who is suspected or accused of committing a crime for which the law provides for a penalty of imprisonment for a term of up to three years, only if the prosecutor, in addition to the existence of grounds provided for in Article 177 of the Criminal Procedure Code of Ukraine, proves that, while at large, this person hid from the pre-trial investigation body or the court, obstructed criminal proceedings, or was notified of the suspicion of committing another crime;

  3. To a previously unconvicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of up to five years, only if the prosecutor, in addition to the grounds provided for in Article 177 of the Code of Criminal Procedure of Ukraine, it will be proven that, while at large, this person hid from the pre-trial investigation body or the court, obstructed criminal proceedings, or was notified of the suspicion of committing another crime;

  4. To a previously unconvicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of more than five years;

  5. To a previously convicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of more than three years;

  6. To a person who is wanted by the competent authorities of a foreign state for a criminal offense, in connection with which the issue of extradition (extradition) of a person to such a state for prosecution or execution of a sentence may be decided, in the manner and on the grounds provided for in the section IX KPK of Ukraine or an international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine.

Interrogation is a procedural action regulated by criminal procedural norms, and is an informational and psychological process of communication between participants, aimed at obtaining information about the facts known to the person being questioned and that are important for establishing the truth in the case.

According to Article 224 of the Criminal Procedure Code of Ukraine, the interrogation is conducted at the place of the pre-trial investigation or in another place with the consent of the person who is planned to be interrogated. Each witness is questioned separately, without the presence of other witnesses.

Interrogation may not last more than two hours without a break, and in general may not exceed eight hours per day.

Before the interrogation, the person is identified, his rights are explained to him, as well as the procedure of the interrogation. In the case of questioning a witness, he is criminally liable for refusing to testify or giving knowingly false testimony, and the victim - for giving knowingly false testimony. If necessary, an interpreter can be involved.

The indictment is drawn up by the investigator, after which it is approved by the prosecutor. The prosecutor can also draw up an indictment in case of disagreement with the act drawn up by the investigator.

The indictment must contain mandatory information provided for by the Code of Criminal Procedure, in particular:

  • personal data of the accused and the victim;

  • a statement of the actual circumstances of the crime, considered proven by the prosecutor, the legal qualification of the crime with reference to the provisions of the Criminal Code and the wording of the indictment;

  • circumstances that aggravate or mitigate punishment;

  • the amount of damage caused by a criminal offence;

  • costs of attracting experts.

The indictment is signed by the investigator and the prosecutor who approved it, or only by the prosecutor, if he drew up the act himself.

The following are attached to the indictment:

  • register of pre-trial investigation materials;

  • a civil lawsuit, if one was filed;

  • signed receipt of the suspect about receiving a copy of the indictment and other documents;

  • other specified documents.

The prosecutor is obliged to provide a copy of the indictment to the suspect, his lawyer and legal representative, confirming it with his signature.

The accused (defendant) in Ukraine is a person against whom the indictment has been submitted to the court.

The court has the right to return the indictment to the prosecutor if it does not meet the requirements of the Criminal Procedure Code.

The trial is conducted only within the framework of the accusation set out in the indictment.

10.06.2023 21:44

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