Publication date: 11.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Acquittals in cases of intentional grievous bodily harm are an important aspect of the case law in Ukraine. Despite the harshness of Article 121 of the Criminal Code of Ukraine (CCU), which provides for liability for such actions, defendants are sometimes acquitted. This article will examine the main reasons for such decisions and their implications for the defendants and justice in general.
Reasons for acquittals
Insufficient evidence
One of the main reasons for acquittals is insufficient evidence. In criminal cases involving intentional grievous bodily harm, it is important to collect sufficient and convincing evidence to prove the guilt of the accused. A lack of evidence or its unreliability may be grounds for an acquittal.
Investigation errors
Mistakes made at the pre-trial investigation stage can significantly affect the final outcome of a case. Negligence in the collection of evidence, violations of procedural rules or poor investigative practices may result in the court finding the charges unfounded.
Unreliable testimony
In cases of intentional grievous bodily harm, the testimony of victims and witnesses often plays an important role. If the court considers the testimony to be unreliable or unconvincing, this may be grounds for an acquittal. Inconsistencies in testimony, contradictory testimony, or witnesses' apparent interest in the outcome of the case can undermine the credibility of the prosecution.
Incorrect classification of the offence
Sometimes problems arise from the incorrect classification of an offence. If the prosecution cannot prove the intent to cause grievous bodily harm, the court may find that the defendant committed a lesser crime or did not commit a crime at all.
Consequences of acquittals
Rehabilitation of the accused
An acquittal is important for the defendant because it means rehabilitation. It allows the defendant to avoid punishment and the negative consequences associated with it, such as loss of employment, social stigma, etc.
Restoration of reputation
An acquittal helps to restore the reputation of the accused. A public admission of innocence can help to restore the trust of society, colleagues and loved ones.
Compensation for damages
In some cases, the accused may seek compensation for damages suffered as a result of unlawful prosecution. This may include both pecuniary and non-pecuniary damage.
The role of a lawyer in obtaining an acquittal
A qualified defence lawyer plays a key role in defending the accused and achieving an acquittal. A lawyer ensures that the rights of the accused are respected, that evidence is collected and analysed, and that the defendant is effectively represented in court.
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Ways to improve the effectiveness of criminal prosecution
Improving the quality of pre-trial investigation
Improving the quality of the pre-trial investigation is one of the main ways to ensure fair verdicts. This includes improving the methods of evidence gathering, enhancing the skills of investigators and ensuring proper procedural control.
Development of court practice
Case law should be consistent and well-founded. It is important that judges have the opportunity to share experiences and improve their skills. This will contribute to a more accurate application of criminal law and reduce the number of wrongful convictions.
Raising legal awareness
Raising legal awareness among the public can help reduce the number of cases where innocent people are falsely accused. This can include information campaigns, educational programmes and legal advice.
Conclusion
Acquittals in cases of intentional grievous bodily harm are an important element of justice, which demonstrates the effectiveness of the human rights protection system in Ukraine. The main reasons for such verdicts are insufficient evidence, investigative errors, unreliable testimony and incorrect classification of crimes. A qualified defence lawyer plays a key role in achieving an acquittal and protecting the rights of the accused. To increase the effectiveness of criminal prosecution, it is necessary to improve the quality of pre-trial investigation, develop judicial practice and raise legal awareness among the population. Contacting professional attorneys at https://consultant.net.ua will help you obtain the necessary legal assistance and protect your interests in complex criminal cases.
