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Publication date: 12.02.2025
Lawyer 3 of 2011, consultations, drawing up a lawsuit, representing interests and defending a client in court
Initial Data. The defendant was charged with committing a double murder, which carried the threat of life imprisonment.
Case Issues. The main issue revolved around the questionable reliability of the forensic medical examination, which could have served as decisive evidence in the case.
Defense Actions. To establish the truth, the attorney filed a motion for a repeat forensic medical examination of one of the case episodes. During further investigation, evidence was obtained proving that the crime was committed by a group of individuals under different circumstances.
Court Case Outcome. Thanks to the repeat examination, it was possible to reclassify the crime and achieve a reduction in sentencing. Instead of life imprisonment, the defendant was sentenced to 15 years in prison.
Attorney's Involvement. The attorney was engaged by the investigative department to conduct a specific procedural action. The defendant’s relatives sought legal assistance from her, which initiated the case review. This case was even featured in the television project "Battle of Psychics."
Forensic Medical Examination: Importance and Types
Forensic medical examination (FME) is an investigation conducted by specialists to determine details related to bodily injuries, causes of death, health conditions, and other aspects.
Main Types of FME:
- Examination of living individuals – determining the extent of injuries and health status.
- Examination of corpses – establishing the cause and time of death, possible poisonings.
- Examination of physical evidence – analysis of biological traces, DNA, blood, hair.
- Repeat or additional examination – conducted when inaccuracies or questionable conclusions are found in the initial study.
In this case, forensic medical examination became key evidence. The repeated analysis confirmed that the crime was committed by multiple individuals under circumstances different from the initial version. This allowed the court to review the case materials.
The Role of an Attorney in FME Matters
Legal defense includes:
- Preparing motions for initial or repeat examinations.
- Challenging unreliable expert conclusions.
- Referring to independent expert institutions.
- Ensuring compliance with examination procedures.
A repeat examination can become a decisive factor in case review. If the initial findings contain errors or contradictions, a new investigation can drastically change the situation.
Appealing Court Decisions
An attorney has the right to file an appeal if the first-instance court’s decision was made in violation of the law or based on improperly assessed evidence.
Appeal Deadlines:
- Criminal cases – 30 days from the date of the verdict announcement.
- Civil cases – 30 days from the receipt of the full decision text.
- Administrative cases – 30 days (if decided by a single judge) or 15 days (if decided by a panel of judges).
- Commercial cases – 20 days.
If the appeal deadline was missed for a valid reason, it may be reinstated upon filing a relevant motion.
Appeal Procedure:
- Submitting the appeal through the first-instance court.
- Transferring the case materials to the appellate court.
- Opening appellate proceedings.
- Case review and issuance of a new decision (upholding, modifying, or overturning the previous ruling).
Additional evidence may be submitted in the appeal if its earlier submission was impossible to justify. If the appeal deadline was missed for valid reasons, it can be reinstated upon request.
The Role of an Attorney in Murder Cases
For example, under Article 115 of the Criminal Code of Ukraine (premeditated murder), an attorney plays a critically important role for both the accused and the victim.
For the Defendant:
- Protecting rights and freedoms – ensures that investigative and judicial authorities follow legal procedures and do not violate the client’s rights.
- Providing consultation – explains procedural details, possible defense strategies, risks, and consequences.
- Participation in investigative actions – attends interrogations, searches, and expert evaluations to prevent unlawful pressure or fabrication of evidence.
- Working with evidence – verifies the validity of the charges, identifies investigative errors, and organizes independent examinations.
- Developing a defense strategy – analyzes case circumstances, identifies mitigating factors, or proves the client’s innocence.
- Representation in court – presents arguments, files motions, and appeals to reduce or overturn the sentence.
For the Victim:
- Protecting interests – represents the deceased's relatives and helps initiate investigative actions to prove the defendant's guilt.
- Assisting in civil claims – helps secure compensation for moral and material damages.
- Monitoring the investigation – ensures that the case is not delayed and is conducted objectively.
- Representation in court – participates in hearings, speaks on behalf of the victim’s family, and challenges lenient sentences or acquittals.
In both cases, the attorney plays a crucial role in ensuring justice, regardless of whom they represent.
Trust between the client and the attorney is key to success in legal proceedings. A professional lawyer helps develop an effective defense strategy and monitors case progress. In complex legal situations, seeking expert assistance can be a decisive factor in achieving justice.
