Got a report of suspicion? Recent amendments to the Criminal Procedure Code of Ukraine (hereinafter - the CPC of Ukraine) provide an opportunity to appeal and repeal it. It should be noted at once that it is possible to cancel the suspicion in criminal proceedings initiated on March 16, 2018. I will tell in more detail about the order and conditions of the appeal.
From the moment of notification of suspicion, the investigator has 2 months to complete the pre-trial investigation. If a person disappears after being notified of the suspicion, the investigator, in agreement with the prosecutor, decides to suspend the investigation. When the suspect appears, the investigator resumes the pre-trial investigation. This simple trick with a stop allows the investigator to meet the statutory 2 months.
The CPC of Ukraine determines the grounds for suspending the pre-trial investigation - the serious illness of the suspect, his search, performance of procedural actions on the territory of other states. A copy of the decision on suspension shall be sent to the defense party, the victim, and the representative of the legal entity in respect of which the proceedings are being conducted. In practice, the suspect and his lawyer learn about the suspension while reviewing the materials of the criminal proceedings, as the investigator and the prosecutor do not send the decision by mail.
We are challenging the suspension of the pre-trial investigation
If there are no grounds for suspending the pre-trial investigation specified by the CPC of Ukraine, the suspect has the right to appeal the investigator's decision to suspend the pre-trial investigation to the investigating judge.
According to the CPC of Ukraine, the period from the date of the decision to suspend the criminal proceedings to the date of its cancellation by the investigating judge is included in the 2-month period allotted to the investigator to complete the pre-trial investigation. If the complaint is upheld, the time period we need (several days, a week, a month, etc.) appears, which allows us to cancel the notification of suspicion. Therefore, appealing the decision to suspend the pre-trial investigation and obtaining a decision of the investigating judge to cancel it is the first condition for appealing the notice of suspicion.
For example, a person was reported as a suspect under Part 1 of Art. 212 of the Criminal Code of Ukraine (evasion of taxes, fees, other mandatory payments). While reviewing the materials of the criminal proceedings, the suspect learns about the unjustified suspension of the pre-trial investigation for 30 days and appeals the decision to the investigating judge. The investigating judge cancels the decision, as a result 30 days are credited within 2 months. If, after 30 days, the total period of investigation on the date of acquaintance exceeds 2 months, all further investigative and procedural actions are illegal, and the suspect has the right to appeal the notice of suspicion to the investigating judge.
We are appealing the report of suspicion
It is then necessary to prove to the investigating judge that the investigator violated the terms of the pre-trial investigation. To do this, you need to write a complaint against the notice of suspicion, which must include your own notice of suspicion, the decision to suspend the pre-trial investigation and the decision of the investigating judge to revoke the decision to suspend the pre-trial investigation. The complaint must provide calculations of the violated deadlines and ask to cancel the notice of suspicion.
Important point: it is possible to appeal the notification of the investigator, the prosecutor about the suspicion not later than the closing of the criminal proceedings by the prosecutor or the appeal to the court with an indictment. That is, you will not be able to appeal the notice of suspicion after the pre-trial investigation. In case the investigator violates the terms of the pre-trial investigation, it is not possible to delay, it is necessary to apply to the investigating judge.
Due to the high workload, investigators often abuse their rights in criminal proceedings. In our case, an unjustified suspension of the pre-trial investigation may lead to the cancellation of the notice of suspicion. But you need to react quickly until the investigator sends the indictment to court.