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
Intentional grievous bodily harm under Article 121 of the Criminal Code of Ukraine (CCU) is one of the most serious crimes against a person. Liability for such actions may include long-term imprisonment, so an effective defence against charges of this crime is critical for the accused. In this article, we will consider the main criminal law aspects of the defence, as well as the importance of professional legal assistance in such cases.
Defence strategy against the charges
Gathering evidence
One of the most important stages of the defence is the collection of evidence that can refute the charges or prove the innocence of the defendant. This may include witness statements, video recordings, medical documents and other evidence confirming an alibi or other circumstances of the case.
Analysis of procedural violations
A qualified lawyer carefully analyses all procedural documents and actions of investigators to identify possible violations. These may include non-compliance with the suspect's rights, illegal methods of collecting evidence, errors in drafting protocols, etc. Identification of such violations may be the basis for declaring evidence inadmissible or even for closing the case.
Medical examination
Medical expertise plays a key role in cases of intentional grievous bodily harm. A lawyer should ensure that an independent examination is carried out to verify the accuracy and validity of the conclusions of state experts. This can help refute or reduce the seriousness of the charges.
Legal analysis of the qualification of the offence
The correct classification of the crime is an important aspect of the defence. Sometimes the charges may be incorrectly qualified, and a lawyer must prove this in court. For example, if the actions do not contain signs of grievous bodily harm, but are classified as a less serious crime, this can significantly change the prospects of the case.
The role of a lawyer in defence
Professional defence
A lawyer plays a key role in the defence of the accused. He or she ensures that the client's rights are respected, represents his or her interests in court, negotiates with the prosecutor and other participants in the process, and controls the legality of investigative actions.
Consultation and support
A defence lawyer provides advice to the accused and his or her relatives, helping them to understand the legal aspects of the case and the possible consequences. This allows the client to make informed decisions about their actions and defence strategy.
Case law and argumentation
An experienced lawyer knows the case law and can effectively argue the defence position, referring to similar cases and court decisions. This increases the chances of achieving a positive outcome for the accused.
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Conclusion
Defending against charges of intentional grievous bodily harm requires a professional approach and a thorough analysis of all the circumstances of the case. A qualified lawyer will help ensure an effective defence, collect the necessary evidence, conduct a medical examination and identify procedural violations.
