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Suspicion: the order of its delivery and the grounds for appeal

19/ 08/ 2021
  Author: Daria Vasina, Dynasty Law & Investmen Lawyer Notification of suspicion of committing a criminal offense is one of the main stages of the pre-trial investigation, in fact, with which the criminal procedure law connects the beginning of bringing a person to justice. This stage is the starting point in the further development of the investigation, and therefore in our opinion it is necessary to be aware of the main grounds that characterize the validity of the suspicion, the procedure for its service and the possibility of appeal to protect their rights in criminal proceedings. The current criminal procedure law clearly and consistently spells out the content and procedure for serving a notice of suspicion. Suspicion is, first of all, a procedural decision made by a prosecutor or investigator in agreement with the prosecutor at the stage of pre-trial proceedings and only if there is sufficient evidence to suspect a person of committing a criminal offense. Thus, at the time of notification of a person suspected of committing a criminal offense by the pre-trial investigation authorities, sufficient evidence must be collected to indicate that: a criminal offense did take place and information about it was entered into the ERDR; the relevant criminal offense was committed by a specific person who is served with a notice of suspicion; the person has committed a socially dangerous act, which must include the composition of the relevant criminal offense. Thus, the notice of suspicion must contain certain information, the absence or inconsistency of which indicates a violation of Art. 277 of the CPC of Ukraine and is the basis for its abolition, as well as to comply with a consistent and clearly defined procedure for serving suspicion. First, the notice of suspicion must be served on the person on the day it is drawn up and directly on the person named in the notice. Secondly, the notice of suspicion is drawn up in two copies, one is attached to the materials of the criminal proceedings, and the other is served directly on the person. The investigator or prosecutor during the service of suspicion have: identify the person; orally announce a notice of suspicion to the person, and take the appropriate receipt for the relevant actions; the person must be informed of his procedural rights and their essence must be explained, and a receipt must be taken; a notice of suspicion was served directly and a receipt of its receipt was taken, indicating the time and date of such action. After carrying out these actions and handing the suspect to a person, such a person officially acquires the status of a suspect, which gives him peacocks enshrined in the CPC of Ukraine, including the right to appeal the notice of suspicion within two months from the date of notification of the suspect. But not later, the prosecutor closes the criminal proceedings or goes to court with an indictment. In other words, the suspicion can in fact be challenged only within the pre-trial investigation. The factual grounds for revoking the notice of suspicion are: improper subject of drawing up and serving a notice of suspicion; violation of the procedural order of service of suspicion; reasonableness of suspicion. It should be borne in mind that in the case of improper notification of a person of suspicion, and therefore not the acquisition of procedural status of a suspect, such a person can not acquire the legal status of accused and defendant, even if an indictment is drawn up against him.

Author: Daria Vasina, Dynasty Law & Investmen Lawyer

Notification of suspicion of committing a criminal offense is one of the main stages of the pre-trial investigation, in fact, with which the criminal procedure law connects the beginning of bringing a person to justice.

This stage is the starting point in the further development of the investigation, and therefore in our opinion it is necessary to be aware of the main grounds that characterize the validity of the suspicion, the procedure for its service and the possibility of appeal to protect their rights in criminal proceedings.

The current criminal procedure law clearly and consistently spells out the content and procedure for serving a notice of suspicion.

Suspicion is, first of all, a procedural decision made by a prosecutor or investigator in agreement with the prosecutor at the stage of pre-trial proceedings and only if there is sufficient evidence to suspect a person of committing a criminal offense. Thus, at the time of notification of a person suspected of committing a criminal offense by the pre-trial investigation authorities, sufficient evidence must be collected to indicate that:

  • a criminal offense did take place and information about it was entered into the ERDR;
  • the relevant criminal offense was committed by a specific person who is served with a notice of suspicion;
  • the person has committed a socially dangerous act, which must include the composition of the relevant criminal offense.

Thus, the notice of suspicion must contain certain information, the absence or inconsistency of which indicates a violation of Art. 277 of the CPC of Ukraine and is the basis for its abolition, as well as to comply with a consistent and clearly defined procedure for serving suspicion.

First, the notice of suspicion must be served on the person on the day it is drawn up and directly on the person named in the notice.

Secondly, the notice of suspicion is drawn up in two copies, one is attached to the materials of the criminal proceedings, and the other is served directly on the person.

The investigator or prosecutor during the service of suspicion have:

  • identify the person;
  • orally announce a notice of suspicion to the person, and take the appropriate receipt for the relevant actions;
  • the person must be informed of his procedural rights and their essence must be explained, and a receipt must be taken;
  • a notice of suspicion was served directly and a receipt of its receipt was taken, indicating the time and date of such action.

After carrying out these actions and handing the suspect to a person, such a person officially acquires the status of a suspect, which gives him peacocks enshrined in the CPC of Ukraine, including the right to appeal the notice of suspicion within two months from the date of notification of the suspect. But not later, the prosecutor closes the criminal proceedings or goes to court with an indictment. In other words, the suspicion can in fact be challenged only within the pre-trial investigation.

The factual grounds for revoking the notice of suspicion are:

  • improper subject of drawing up and serving a notice of suspicion;
  • violation of the procedural order of service of suspicion;
  • reasonableness of suspicion.

It should be borne in mind that in the case of improper notification of a person of suspicion, and therefore not the acquisition of procedural status of a suspect, such a person can not acquire the legal status of accused and defendant, even if an indictment is drawn up against him.

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