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Publication date: 03.04.2024
In the modern legal space, ensuring effective criminal proceedings is a key element in maintaining law and order. Various measures are used for this purpose, aimed not only at ensuring law and order but also at ensuring fair justice and protecting human rights. In this article, we will consider the main types of such measures and the general rules of their application.
Types of Measures to Ensure Criminal Proceedings
Various measures to ensure criminal proceedings are applied in the criminal process, which may be aimed at ensuring the presence of a person at a court hearing, ensuring the conduct of an investigation, as well as ensuring the enforcement of a court decision. Among the most common types of measures, the following can be distinguished:
Summons by an investigator, prosecutor, court summons, subpoena involves a formal request to a person to appear before the relevant authorities or court. Refusal to appear without proper justification may result in the application of coercive measures.
Temporary access to property and documents involves granting the party to the criminal proceedings by the person in possession of such property and documents the opportunity to familiarize themselves with them, make copies, or seize them.
Temporary seizure of property entails the temporary seizure of property for its preservation or to ensure the enforcement of a court decision. Temporary seizure of property may be carried out in cases provided for by law, based on a reasoned motion of the investigator or prosecutor. The person to whom the property belongs must be notified of such actions and has the right to challenge them in court.
Property arrest entails a prohibition on alienation, disposal, and/or use of property of a suspect or accused person for its preservation for future confiscation or use in the case. Property arrest can only be applied in cases provided for by law, based on a court decision. In case of unlawful property arrest, its owner has the right to demand compensation for damages caused by such actions.
Detention of a person involves the temporary detention of a person suspected of committing a crime both by court order and without a court decision. Detention of a person without a judge's order or court decision can only be carried out in limited cases provided for by law and must be promptly reported to the judge. A person detained in this way has the right to immediately apply to the court for a review of the legality and justification of their detention.
General Rules for the Application of Measures to Ensure Criminal Proceedings
The application of measures to ensure criminal proceedings is subject to the procedure and rules defined by the Criminal Procedure Code of Ukraine. Measures to ensure criminal proceedings are applied based on a decision of the respective court within the jurisdiction of which the pre-trial investigation body operates. Initiation of the application of measures to ensure proceedings may be made by an investigator, interrogator, prosecutor, and in certain cases by the defense.
Opportunities for the Defense
The defense counsel of a person suspected of committing a criminal offense has the right to reasonably object to the application of security measures. To do this, the defense counsel, substantiating with reference to circumstances and evidence, may challenge the existence of reasonable suspicion of committing a crime or the commission of a crime of such seriousness that it could justify the application of certain security measures. Additionally, the defense counsel may argue in court that the prosecutor's claimed necessity for intervention in the rights and freedoms of the defendant is not justified by the needs of the pre-trial investigation, and the purpose for which the prosecutor has declared a certain security measure can be achieved without restricting the rights and freedoms of the defendant.
The defense counsel has the right to appeal decisions of the investigator or court regarding security measures, namely: about the arrest of property or refusal thereof, seizure of things and documents proving the right to engage in entrepreneurial activity, suspension from office, application of a preventive measure in the form of detention, house arrest, bail. The defense counsel may apply to the investigator or court at any time with a motion to cancel the arrest of property or return temporarily seized property.
Considering the defense lawyer's opportunities to protect the suspect from unjustified and disproportionate interference with their rights, the presence of qualified legal assistance at any stage of criminal proceedings is very important for ensuring the rights and freedoms of the suspect.
In addition to protection against interference with the rights and freedoms of the client, the defense lawyer in criminal proceedings may use the application of security measures to prove the client's innocence of the crime and justify them. If necessary to collect evidence to prove the innocence of the suspect in the commission of a crime, the defense attorney may petition the court for temporary access to things and documents. In this case, it is necessary to correctly determine the elements of the objective side of the crime in which the client is suspected and to implement all possible options for effectively gathering evidence to justify the client.
The importance of qualified legal assistance in criminal proceedings
As a law firm, we understand the importance of protecting the rights and freedoms of our clients in criminal proceedings. The application of measures to ensure criminal proceedings can have serious consequences for individuals accused of committing a crime. Therefore, we offer a wide range of legal services aimed at protecting the rights and interests of our clients in criminal cases.
Our team of lawyers has many years of experience in representing clients in criminal cases and in-depth knowledge of the law. We are ready to provide qualified legal assistance at every stage of criminal proceedings, from consultations and serving of suspicion to legal analysis of the situation, and representation in court at any stage of the criminal case.
We urge everyone who needs protection in criminal cases to use qualified legal assistance. This will help protect yourself from unjustified violations of your rights and freedoms, as well as ensure proper protection and support in complex legal processes.
We invite you to take advantage of our legal assistance services!
You may need a lawyer consultation, legal analysis of the situation and documents, document verification by a lawyer online, written consultation, as well as a legal conclusion of a lawyer. Our specialists are ready to provide you with the necessary assistance and support either directly with a visit to you or online.
Do not hesitate to contact us if you are looking for a reliable legal partner who will be on your side in this complex process. We work for your peace and security.
Sincerely, the "Consultant" team.
