Appeal against the actions or inaction of the investigation bodies
According to the Criminal Procedure Code of Ukraine, at the stage of pre-trial proceedings, the following decisions, actions, or omissions of an investigator, inquirer or prosecutor can be appealed
1) inaction of an investigator, prosecutor, which consists in not entering information about a criminal offense into the Unified Register of Pre-Trial Investigations after receiving an application or a report about a criminal offense, in non-return of temporarily seized property, as well as in non-fulfillment of other procedural actions that he is obliged to perform within a certain period provided by the Criminal Procedure Code of Ukraine;
2) decisions of the investigator, prosecutor to terminate the pre-trial investigation;
3) decision of the investigator to close the criminal proceeding;
4) decision of the prosecutor to close criminal proceeding and/or proceeding against a legal entity;
5) decision of the prosecutor or investigator on the refusal to recognize the victim;
6) decisions, actions or inaction of the investigator or prosecutor on the application of security measures;
7) decision of the investigator or prosecutor to refuse to satisfy the request for conducting investigative actions, secret investigative actions;
8) decision of the investigator or prosecutor to change the order of the pre-trial investigation and its continuation in accordance with the rules provided for in Chapter 39 of the Criminal Procedure Code.
The following persons have the right to appeal against the inaction of an investigator, inquirer, prosecutor at the stage of pre-trial proceedings: the applicant, the victim, his representative or legal representative, the suspect, his defender or legal representative, the representative of the legal entity in respect of which the proceedings are being conducted, the owner of temporarily seized property, persons to whom security measures provided for by law can be applied.
Complaints about the decisions, actions or omissions of an investigator, inquirer or prosecutor may be filed by the relevant subject to such an appeal within 10 days from the date of the action or inaction.
Complaints about the inaction of the investigator, inquirer or prosecutor are considered by the investigating judge of the local court.
In addition, the suspect, the accused, the victim has the right to appeal to the prosecutor of the highest level against the failure of the investigator, the inquirer, the prosecutor to comply with reasonable deadlines during the pre-trial investigation.
The prosecutor of the highest level is obliged to consider the complaint within 3 days after its submission and, if there are grounds for its satisfaction, provide the relevant prosecutor with mandatory instructions on the timing of certain procedural actions or making procedural decisions. The person who filed the complaint is immediately informed in writing about the results of its consideration. Officials who are guilty of non-compliance with reasonable deadlines may be brought to responsibility as established by law.
In order to establish the existence of grounds for appeal, as well as to prepare a draft of the relevant complaint, we advise you to contact ADVA lawyers, who will analyze the current situation and provide high-quality legal assistance in protecting the rights and legitimate interests of the client.