How to appeal against the investigator's actions?

How to Challenge the Actions of an Investigator? Actions That Violate Your Rights

If you have become a witness or a victim in a criminal proceeding and have encountered unlawful actions by the investigator or prosecutor, it is very important to act without delay. The law is on your side, and you have all the rights to protect your interests. How you act, both correctly and promptly, will affect the further course of the investigation and the possibility of correcting unjust decisions. To do this, you must know what to do, how to react to violations, and when to contact a lawyer.

How to Challenge the Inaction of an Investigator?

According to part 1 of Article 303 of the Criminal Procedure Code of Ukraine, everyone has the right to challenge the inaction of an investigator regarding the entry of information into the Unified Register of Pre-Trial Investigations (ERDR), decisions to close the case, or other violations of rights. Your activity in such situations is crucial because the inaction of the investigator can lead to unlawful consequences, such as delaying the investigation or violating your right to a fair process.

Every stage of a criminal proceeding is associated with numerous possible violations, so it is very important to contact a lawyer as soon as possible when you suspect the investigator or prosecutor of wrongful actions. As practice shows, many people, due to ignorance or fear, do not challenge actions, even when they clearly violate the law. However, this can lead to serious consequences that will be difficult to correct later.

Reasons to Challenge the Actions of an Investigator

There are several main reasons why you have the right to challenge the actions of an investigator or prosecutor. Here are the most common ones:

• Investigator's inaction regarding the entry of information into ERDR. This can be problematic if the investigator failed to enter important information that affects the investigation.
• Unlawful closure of a criminal case. If the investigator closes the case without sufficient evidence or without following the necessary procedures.
• Unlawful decisions by the investigator regarding the initiation of a criminal case. For example, when the investigator makes a decision without sufficient grounds or violates the procedure.
• Failure of the investigator to perform other important procedural duties. For example, failing to conduct investigative actions on time or ignoring evidence.

How to Properly Challenge the Actions of an Investigator?

To effectively challenge the unlawful actions of an investigator, several important steps must be taken. Proper execution of each of them can significantly increase the chances of a favorable outcome in your case.

1. Gathering evidence of the violation. First, it is necessary to thoroughly document the violations. These may include written documents, surveillance camera footage, eyewitness testimonies, or other materials that support your claims.
2. Filing a complaint about the investigator's actions. The next step is to file a complaint about the unlawful actions of the investigator with the head of the investigative unit, the prosecutor, or the court.
3. Engaging a lawyer. In such situations, it is very important to have qualified legal assistance. An experienced lawyer in challenging the actions of investigators will help you prepare and submit the complaint correctly.
4. Filing a lawsuit in court. If the complaint is not satisfied at the stage of preliminary complaints, the next step is to file a lawsuit in court to address the violation of rights.

Frequently Asked Questions (FAQ)

How Can We Help?

Legal Consultation: Our lawyers will provide you with qualified advice on how to properly challenge the actions of an investigator and what steps to take to protect your rights.

Preparation of Claim Documents: We will help you prepare and submit all necessary documents for challenging the actions of an investigator in court.

Legal Support at All Stages: We will be your representatives at every stage of challenging the actions of an investigator, providing legal support and representing your interests in court.