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Legal opinion on criminal cases

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 19.05.2024

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                                              Legal opinion on criminal cases

    A criminal case is a legal term used to describe the criminal investigation and prosecution of a person or persons suspected of having committed a crime. When law enforcement agencies receive information about a possible crime, they can open a criminal case to investigate this event.
   Here are the main stages of the criminal case:

Initiation of investigation: 

     After receiving a report about a crime or after conducting operational actions, law enforcement agencies open a criminal case and begin an investigation.

Collection of evidence: 

    Police or investigators collect evidence, testimony and other information that may be important for establishing the circumstances of the crime and identifying the persons who committed it.

ЗаголовокIndictment: 

     After completing the investigation, law enforcement agencies draw up an indictment, which outlines the circumstances of the crime and presents evidence of the suspects' guilt.

Trial: 

    The case is transferred to the court where the trial takes place. The court resolves the question of the defendant's guilt and makes a decision on the imposition of punishment.

Appeal (if necessary): 

    The parties to the case have the right to appeal to a higher court if they are not satisfied with the decision of the court of first instance.

Execution of the sentence: 

    In the event of a sentence, the guilty person is subject to the execution of punishment or other court decisions.
    The criminal case is considered by the relevant bodies of justice in compliance with procedural guarantees and the rights of suspects and accused persons.

    A legal opinion on criminal cases is a document that contains a legal assessment of facts, evidence and legal aspects related to a certain criminal case. This opinion is usually drawn up after the conclusion of the investigation or trial and can be used as evidence during the legal process.
    The main elements of a legal opinion on a criminal case include:

Description of the circumstances of the case: 

    The conclusion begins with an overview of the actual circumstances of the case, such as the date, time and place of the crime, persons involved in the case, information about the victims, witnesses and suspects.

Evaluation of the evidence: 

    The conclusion contains an evaluation of the evidence that was presented during the investigation or trial. Lawyers analyze the credibility and significance of each piece of evidence presented.

Legal assessment: 

    The conclusion contains a legal assessment of the facts of the case from the point of view of current criminal legislation. It determines whether crimes were committed, which articles of the Criminal Code were violated, and who is responsible for these actions.

Conclusion and recommendations: 

    The conclusion contains a conclusion on the guilt or innocence of the defendant and recommendations on further actions, for example, on sending the case to court or terminating the proceedings.
    A legal opinion on a criminal case is drawn up by lawyers or prosecutors who have competence in the field of criminal law, and is an important tool for understanding the legal aspects of a particular case.

 

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