APPEAL AGAINST THE REFUSAL TO OPEN CRIMINAL PROCEEDINGS

APPEAL FROM THE REFUSAL TO OPEN CRIMINAL PROCEEDINGS - LEGAL SUPPORT

You submitted a statement about the commission of a crime against you, but received a refusal to open a criminal case. If the refusal states: "The opening of the proceedings is refused under Part 2 of Art. 6 of the CPC of Ukraine. To appeal the resolution, you can apply to the prosecutor's office or to the court in accordance with".

Legal grounds for refusal to initiate criminal proceedings

Absence of criminal signs. The main reason for refusing to initiate criminal proceedings may be the lack of evidence that confirms the fact that a crime has been committed. If there are no objective or subjective grounds for opening a case, law enforcement agencies have the right to refuse to open it.

Legal Restrictions. There are certain exceptions in the legislation that prohibit the initiation of criminal cases, even if there are grounds. For example, statutes of limitations may limit the possibility of bringing persons to criminal liability.

Violation of procedural norms. Refusal to initiate criminal proceedings can sometimes be due to a violation of procedural rules, such as illegal obtaining of evidence or violation of the rights of suspects.

Illegal, but common reasons for refusing to open criminal proceedings

In some cases, the refusal to initiate criminal proceedings may be due to illegal or excessively subjective grounds.

Here are some examples of such grounds:

• Political influence. In some countries, political pressure on law enforcement agencies is a serious problem. The authorities can use their influence to stop or prevent criminal proceedings against persons who are members of or support a certain political force, even in the absence of legal grounds for refusing to open proceedings.
• Corrupt connections. In some cases, corruption among law enforcement officers can lead to the refusal to open a criminal case, despite the presence of clear evidence of a crime. Corrupt actions on the part of officials or investigators may prevent a fair trial.
• Discrimination and stereotypes. Sometimes criminal proceedings may be denied due to stereotypes or discrimination, especially if the suspect belongs to a minority or socially disadvantaged group. Investigators can be biased and use their biases as a reason for refusing to open a case.
• Lack of interaction with victims. Law enforcement agencies may refuse to open criminal proceedings if the victim does not have the opportunity to influence the investigation or has not been informed of his rights.

It is important to note that such illegal grounds violate the principles of justice, democracy and the rule of law. There are mechanisms, such as independent courts and internal review services, that can help detect and prevent such illegal practices and ensure that citizens' rights are protected.

Appeal against the refusal to initiate criminal proceedings

One ​​of the basic guarantees of human rights is the ability to defend oneself against unfounded or unjust accusations of committing a crime, and to ensure that a criminal case is opened when necessary. An important step in this process is the appeal against the refusal to initiate criminal proceedings.

Here are the main steps to follow:

• Contacting a lawyer. The first step is to consult with an experienced criminal defense attorney. It will help you assess your situation and determine whether there are grounds for appeal.
• Filing an appeal. An appeal against a decision to refuse to initiate criminal proceedings is submitted to the relevant authorities or court in accordance with local legislation. It is important to provide the necessary evidence and legal arguments.
• Judicial control. In some cases, especially if the appeal was unsuccessful, you can go to court to overturn the decision of law enforcement agencies.

Consultation of a lawyer in Kyiv

Appealing a denial of criminal proceedings can be a complex process, and consulting with a lawyer in Kyiv is an important step to ensure a fair trial. A lawyer will help assess the situation, check the legality of the refusal, prepare and file an appeal, represent your interests in law enforcement and court, and provide recommendations for further actions, providing professional support at every stage of the process.

How to choose a lawyer to appeal the refusal to open criminal proceedings?

Choose a lawyer to challenge the refusal to open criminal proceedings, paying attention to his specialization in criminal law and experience in similar cases. Check the reputation through testimonials and successful cases, conduct an initial consultation to assess communication and approach to the case, agree on financial terms and be sure of the lawyer's level of involvement in your case. It is important that the lawyer is qualified, available and effective in protecting your rights.

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