If you believe that the investigator closed the criminal case illegally, the Dmytro Kasyanenko law office can provide you with professional assistance. Using our experience in the field of challenging illegal actions, we will be able to effectively protect your interests. When it becomes necessary to file a complaint against an investigator, our criminal lawyers are ready to provide indispensable support and legal assistance. We defended the rights of many clients who needed to challenge the actions of the investigator.
A defense lawyer from the Dmytro Kasyanenko Law Firm will help you understand the complexities of the legal process. If you need a lawyer in court, our specialist will offer you an individual approach and maximum dedication to your case. Our criminal lawyer will handle your case professionally if you find that the criminal case was dismissed without good reason.
A specific situation in which our clients can be served is when the investigative department of the Pechersk UP GU NP in Kyiv closed a criminal proceeding without the existence of a criminal offense. Such a resolution was adopted after a pre-trial investigation, in which the substantiation of the charges turned out to be insufficient for further prosecution.
Understanding the right to appeal, in accordance with Art. 304 of the Criminal Procedure Code of Ukraine, an opportunity is given to appeal this decision, which may have been made subjectively or without sufficient evidence. The lawyers of our office know how important it is to carefully study all the circumstances of the case, and are ready to advise you on all questions related to the possibility of appeal and the procedures to be followed to protect your rights.
Not complying with the requirements of the legislation, the investigator was guided by incomplete data when closing the criminal proceedings. The ruling, which was issued on the basis of an incomplete pre-trial investigation, reflects the lack of a comprehensive and objective consideration of the circumstances of the case. Our law firm emphasizes that every decision to close criminal proceedings must be properly motivated and substantiated, and this condition is fundamental to justice.
The resolution of the investigator does not explain the content of the investigative actions taken, what evidence was collected and how it was evaluated, which requires a detailed review. On the basis of the above, the lawyers of “Dmytro Kasyanenko” are ready to provide a thorough legal examination and represent the interests of the client when appealing such illegal decisions.
In addition, the head of the JI department cites a number of actions that were allegedly carried out, but the resolution omits the mention of proper evidence that confirms the absence of a socially dangerous action. Such an approach contradicts the principles of the rule of law, where every act of a judicial or investigative decision must be substantiated and confirmed by factual data.
Also very important is the fact that during the pre-trial investigation, according to the resolution, neither the applicant nor the persons whose interests they represented were questioned. This may indicate significant procedural violations that must be taken into account in the subsequent appeal.
With this in mind, our skilled attorney will advocate for your rights in court and ensure that your case is handled with all due diligence. In the case of procedural violations when closing a criminal case, we are determined to appeal such a decision, in particular, when it does not contain the legal grounds provided for in Art. 284 of the Criminal Procedure Code of Ukraine, and also does not indicate the person whose commission was found to lack the elements of a criminal offense.
Contact the Dmytro Kasyanenko Law Office, where you will receive professionalism, dedication and unwavering support in the process of protecting your rights.
In order to challenge the illegal actions of an investigator, inquirer, or prosecutor in a court proceeding regarding the groundless closing of a criminal case, a lawyer may need the following list of documents:
A complete package of criminal proceedings documents, including:
- A copy of the resolution on closing the criminal case;
- Copies of all documents of the pre-trial investigation (protocols of searches, interrogations, decisions on the application of certain procedural actions, etc.).
- Materials collected by the applicant, including:
- Written testimony, statements or other documents confirming the facts stated in the criminal case;
- Photo, audio, video materials that could be used as evidence.
- An official request to the pre-trial investigation authorities with the requirement to provide copies of all materials of the criminal proceedings, if the applicant has not previously received them.
- Legal analysis of the resolution on the closure of criminal proceedings, prepared by a lawyer, with an indication of procedural violations and other inaccuracies.
- Applying to the Court Administration for extracts from court registers that may be related to a criminal case (for example, an extract on the absence or availability of decisions on the merits).
Before filing a complaint, it is important to ensure that all copies of documents are properly certified and that the time limits for appeals are met. The lawyer is obliged to conduct an examination of all aspects of the case in order to prepare the most effective defense strategy.
Complaint to the court, which includes:
- Legislative justification for challenging the resolution;
- Statement of the facts of the case and circumstances indicating the illegality of the actions of the investigator, inquirer or prosecutor;
- Requirements regarding the resumption of criminal proceedings and other procedural actions.
- Other additional documents may be important for the consideration of the case (for example, decisions of international courts, experts’ opinions, reviews of expert opinions, etc.).
Summary of the court decision:
“…The investigative department of the Pechersk UP of the State Government of the NP in Kyiv conducted a pre-trial investigation of criminal proceedings No. 000000 on the grounds of a criminal offense provided for in Part 1 of Art. 383 of the Criminal Code of Ukraine, the information about which was entered into the EODR in order to fulfill the decision of the Pechersk District Court of Kyiv #00000 from 00000 on the complaint of the lawyer of PERSON_3 in the interests of PERSON_4 and PERSON_5.
By the resolution of the head of the branch of the SV Pechersky UP GU NP in Kyiv OSOBA_6 of 00000, a decision was made to close criminal proceedings No. 00000 of 0000, based on the signs of a criminal offense provided for in part 1 of Article 383 of the Criminal Code of Ukraine, due to the absence of a criminal offense.
According to Art. 304 of the Criminal Procedure Code of Ukraine, complaints against the decision, actions or inaction of the investigator or prosecutor, provided for in the first part of Article 303 of this Code, may be submitted by a person within ten days from the moment of the decision, action or inaction. If the investigator’s or prosecutor’s decision is formalized in a resolution, the deadline for submitting a complaint begins from the day the person receives a copy of it….
….At the same time, the investigators did not comply with the specified requirements of the law when closing the criminal proceedings, the decision was made prematurely on the basis of an incomplete pre-trial investigation without a comprehensive, complete, objective study of the data.
Thus, the decision to close the criminal proceedings is not motivated, without specifying which investigative actions were carried out, which evidence was obtained, and their evaluations.
Thus, the head of the JI department noted the implementation of operative and investigative measures, the interrogation of witnesses, the conduct of the NSRD, the inspection of things that were seized during the search, the temporary access to things and documents, and the examination of signature forgery, as well as the fact that during pre-trial investigation established that the above-mentioned act does not have signs of a socially dangerous act, and therefore does not constitute a criminal offense, and made a decision to close the criminal proceedings.
At the same time, the resolution on closing the criminal proceedings does not contain a reference to the circumstances that were established during the pre-trial investigation.
Also, as can be seen from the resolution on closing the criminal proceedings, during the pre-trial investigation, no person was questioned, including the applicant and the persons in whose interests the application was submitted.
In addition, the operative part of the resolution on closing criminal proceedings does not contain legal grounds for closing criminal proceedings in accordance with Art. 284 of the Criminal Procedure Code of Ukraine and in whose act the absence of the composition of the criminal offense was established….”
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