The procedure for appealing the investigator's decisions in a criminal case

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Publication date: 05.06.2024

 The procedure for appealing the investigator's decisions in a criminal case

According to the Criminal Procedure Code of Ukraine (CPC), the decision, actions or inaction of the investigator may be appealed to the investigating judge. Here are the main points of this order:

  1. Grounds for appeal

Complaints can be submitted to:

- Decisions of the investigator, which directly affect the rights and obligations of the participants in the criminal proceedings.

- Actions of the investigator that violate the rights and legitimate interests of the suspect, victim or other persons.

- Inactivity of the investigator, which leads to a violation of the rights and legitimate interests of the participants in the proceedings.

 2. Entities who have the right to appeal the investigator's decision

Certain subjects whose rights or legitimate interests were violated during the pre-trial investigation have the right to appeal the decision, actions or inaction of the investigator.

According to Article 303 of the Criminal Procedure Code of Ukraine, such subjects are:

- The suspect, the accused or their defenders.

- The victim or his representative.

- Other persons whose rights or legitimate interests were violated by the decisions, actions or inaction of the investigator.

In particular, Part 1 of Article 303 of the Criminal Procedure Code of Ukraine provides that the following may be appealed:

1. Resolution on closure of criminal proceedings.

2. The decision to refuse recognition as a victim.

3. Other decisions, actions or inaction of the investigator or prosecutor, which directly affect the rights or legitimate interests of the participants in criminal proceedings.

Thus, any subject whose rights or interests are violated by the decision, action or inaction of the investigator during the pre-trial investigation has the right to file a complaint with the investigating judge within the prescribed period.This ensures proper legal protection and compliance with the law during criminal proceedings.

  3. Deadlines for filing a complaint

A complaint can be submitted within ten days from the moment when the person learned or should have learned about the decision, action or inaction of the investigator.

 4. Form and content of the complaint

The complaint must be submitted in writing and contain:

- Name of the court to which the complaint is filed.

- Data about the person making the complaint (surname, first name, patronymic, place of residence).

- Statement of the essence of the contested decision, action or inaction of the investigator.

- Justification of violation of rights and legitimate interests.

- Requirements of the applicant.

- Applicant's signature and date of filing the complaint.

  5. Examination of the complaint by the investigating judge

- The investigative judge examines the complaint no later than three days after its receipt.

- The meeting is held with mandatory notification of the investigator and the prosecutor, but their absence does not prevent consideration of the complaint.

- Consideration of the complaint is carried out in an open court session with the participation of the applicant and other interested persons.

6. Decision of the investigating judge

- Based on the results of the review of the complaint, the investigating judge may issue a decision on:

- Satisfaction of the complaint, which leads to the cancellation of the investigator's decision, the recognition of his actions as illegal, or the obligation to perform a certain action.

- Rejection of the complaint, if it is groundless.

- The decision of the investigating judge is binding and may be appealed.

 7. Consequences of satisfying the complaint

- If the complaint is satisfied, the investigator is obliged to comply with the decision of the investigating judge and take appropriate actions or refrain from illegal actions.