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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
Suspect in Murder Case Spent 10 Years in Pre-Trial Detention.
The defense was carried out by attorney Maya Petrovna Keselman, appointed by the Regional Center for Free Legal Aid in the Mykolaiv region. Her task was to ensure legal protection for the accused in the criminal case. The attorney defended her client in appellate courts of the first and second instances in the cities of Mykolaiv and Kherson, both as a defendant and as a victim.
In accordance with current legislation, the 10 years spent in pre-trial detention were credited towards the sentence. As a result, the defendant was released.
Appellate Court
An appellate court is a second-instance court that reviews decisions, rulings, and verdicts of first-instance courts based on appeals filed by case participants.
Main functions of the appellate court:
- Evaluating the legality and validity of first-instance court decisions;
- Analyzing the correct application of substantive and procedural law;
- The ability to overturn, modify, or uphold the first-instance court’s decision.
The appellate court does not retry the case but analyzes it based on first-instance materials and additional evidence if accepted by the court.
The attorney filed an appeal, substantiating the need to review the first-instance court’s decision. He pointed out judicial errors, violations of legal norms, and procedural shortcomings. The attorney's demands included overturning or modifying the court’s decision.
Appeal Filing Deadlines:
- Criminal cases – 30 days from the date of the verdict announcement;
- Civil and administrative cases – 30 days from the receipt of the decision;
- Commercial cases – 20 days.
A decisive role in this case was played by the so-called "Savchenko Law," which was in effect at the time. It provided that one day spent in pre-trial detention counted as two days in a penal colony. As a result, the accused effectively served the sentence during the investigation and was released.
"Savchenko Law"
The Law of Ukraine No. 838-VIII came into effect on December 24, 2015, with the following key provisions:
- 1 day in pre-trial detention counted as 2 days in prison.
- It applied to all types of punishments involving imprisonment.
- It had retroactive effect, meaning it applied to those already serving sentences.
However, this law led to a significant increase in repeat offenses, causing public outrage and criticism from law enforcement agencies. As a result, on May 18, 2017, the Verkhovna Rada of Ukraine adopted Bill No. 5534, which repealed the "Savchenko Law." Since then, days spent in pre-trial detention are counted on a "day-for-day" basis.
A Criminal Defense Attorney Can Assist With:
- Appealing unlawful detention, providing consultations, and assisting during police interrogations;
- Defending the rights of suspects during investigations and court proceedings;
- Analyzing evidence, developing a defense strategy, and filing appeals;
- Representing victims, filing crime reports, and claiming compensation;
- Challenging unlawful actions of law enforcement agencies.
Important Notes:
If you missed the appeal deadline, it can be reinstated if there are valid reasons.
During the appeal process, new evidence can be presented if it can be proven that it was previously impossible to submit.
Trust between a client and an attorney is key to a successful defense. Timely consultation with a professional can significantly impact the course and outcome of a case. Therefore, it is essential to have an experienced lawyer who will protect your interests.
