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Publication date: 07.03.2024
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Normative base: 1.1 Constitution of Ukraine: Ensures basic rights and freedoms of citizens, including the right to a fair trial and personal integrity. These principles impose the obligation to observe legality and legal procedures in all spheres of activity, including pre-trial investigation. 1.2 Criminal and Criminal Procedural Codes: Establish procedures and rules for conducting pre-trial investigations, restrictions on the use of physical force and the use of preventive measures, as well as guarantees of the rights of suspects and defendants. 1.3 Laws "On the Prosecutor's Office", "On operational investigative activities", "On the activities of state law enforcement agencies": Define the rights, duties and powers of prosecutors and law enforcement agencies during pre-trial investigations, as well as establish control mechanisms for their activities.
This regulatory framework defines the framework and principles of action of pretrial investigation bodies, ensuring compliance with human rights and legality during the investigation of crimes. the cost of lawyer services depends on the complexity of the case
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The most frequent mistakes: 2.1 Imperfection of pre-trial investigation: This may include insufficient collection and analysis of evidence, inconsistency of methods of interrogations and examinations, as well as ineffective use of technical means of investigation. 2.2 Insufficient attention to human rights: Pretrial investigation authorities often violate the rights of suspects and defendants, including the right to defense, the inadmissibility of violence or pressure during interrogations, and limiting access to a lawyer. 2.3 Use of Unlawful Methods: Some pre-trial investigation authorities may use pressure, threats or unlawful interrogation methods to obtain confessions or evidence. 2.4 Deficiencies in conducting examinations: Incorrectly conducted examinations or insufficiently substantiated conclusions of experts can lead to illegal court decisions. 2.5 Prolonging the process: Some authorities may artificially delay the pre-trial investigation, not giving the parties the opportunity to quickly get a fair resolution of the case.
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Protection of rights: 3.1 Legal aid: Citizens have the right to receive legal aid during pre-trial investigation. The lawyer ensures the protection of the client's rights and interests by providing qualified legal assistance, consultations and representation in court. 3.2 Appeal to the prosecutor's office: Citizens have the right to appeal to the prosecutor's office with complaints about deficiencies and violations during the pre-trial investigation. Prosecutors monitor the observance of legality and human rights in the activities of law enforcement agencies. 3.3 services of a lawyer in court: In case of violation of citizens' rights during the pre-trial investigation, you can appeal to the court with complaints about illegal actions or decisions of investigative bodies. The court resolves disputed issues and protects the rights of the parties in the legal process. 3.4 International mechanisms for the protection of rights: In case of violation of human rights during the pre-trial investigation, it is possible to turn to international mechanisms for the protection of rights, such as the European Court of Human Rights or the Organization for Security and Cooperation in Europe.
These measures provide an opportunity for citizens to protect their rights and interests in case of negligence of pre-trial investigation bodies. The implementation of these mechanisms helps ensure a fair and legal process of investigating crimes.
