Contrast
Letter

Appeals against decisions, actions or omissions during the pre-trial investigation

Appeals against decisions, actions or omissions during the pre-trial investigation

Excerpt from the Criminal Procedure Code of Ukraine

Chapter 26. Appeals against decisions, actions or omissions during the pre-trial investigation

§ 1. Appeals against decisions, actions or omissions of the pre-trial investigation bodies or the prosecutor during the pre-trial investigation

 

Article 303. Decisions, actions or inaction of the investigator or prosecutor which can be appealed during pre-trial investigation, and the right to appeal

1.  The following decisions, actions or omissions of an investigator or prosecutor may be appealed in pre-trial proceedings:

1) inaction of the investigator, prosecutor, which is not entering information about the criminal offense in the Unified Register of pre-trial investigations after receiving a statement or notification of a criminal offense, failure to return temporarily seized property in accordance with Article 169 of this Code, as well as other procedural actions, which he is obliged to do within the period specified by this Code - the applicant, the victim, his representative or legal representative, the suspect, his lawyer or legal representative, a representative of the legal entity in respect of which the proceedings are conducted, the owner of the temporarily seized property;

{Paragraph 1 of the first part of Article 303, as amended in accordance with Law № 314-VII of 23.05.2013}

2) The decision of the investigator, prosecutor to suspend the pre-trial investigation - the victim, his representative or legal representative, the suspect, his defense counsel or legal representative, a representative of the legal entity in respect of which the proceedings are conducted;

{Paragraph 2 of part one of Article 303 as amended in accordance with Law  314-VII of May 23, 2013}

3) the decision of the investigator to close the criminal proceedings - by the applicant, the victim, his representative or legal representative;

4) the decision of the prosecutor to close the criminal proceedings and / or proceedings against the legal entity - the applicant, the victim, his representative or legal representative, the suspect, his defense counsel or legal representative, the representative of the legal entity in respect of which the proceedings are conducted;

{Paragraph 4 of the first part of Article 303 as amended by Law № 314-VII of May 23, 2013}

5) the decision of the prosecutor, investigator on the refusal to recognize him as a victim - a person who was denied recognition as a victim;

6) decisions, actions or inaction of the investigator or prosecutor in the application of security measures - persons to whom security measures provided by law may be applied;

7) decision of the investigator, prosecutor on refusal to satisfy the request to conduct investigative (search) actions, covert investigative (search) actions - by the person who was denied the request, his representative, legal representative or defense counsel;

8) the decision of the investigator, prosecutor to change the pre-trial investigation and continue it in accordance with the rules provided for in Chapter 39 of this Code - the suspect, his lawyer or legal representative, the victim, his representative or legal representative.

{Paragraph 9 of the first part of Article 303 is excluded on the basis of Law № 767-VII of February 23, 2014}

2.  Complaints against other decisions, actions or omissions of an investigator or prosecutor shall not be considered during the pre-trial investigation and may be subject to consideration during the preparatory proceedings in court in accordance with the rules of Articles 314-316 of this Code.

3.  During the preparatory court hearing, the decisions, actions or omissions of the investigator or prosecutor provided for in paragraphs 5 and 6 of part one of this Article may be appealed.

 

Article 304. Term of submission of the complaint on the decision, actions or inaction of the investigator or the prosecutor, its return or refusal of opening of proceedings

1.  Complaints against decisions, actions or omissions of an investigator or prosecutor provided for in part one of Article 303 of this Code may be filed by a person within ten days of the decision, action or omission. If the decision of the investigator or prosecutor is formalized by a resolution, the term for filing a complaint begins from the day the person receives a copy of it.

2.  The complaint is returned if:

  • 1) the complaint was filed by a person who has no right to file a complaint;
  • 2) the complaint is not subject to consideration in this court;
  • 3) the complaint is filed after the expiration of the term provided for in part one of this article, and the person who filed it does not raise the issue of renewal of this term or the investigating judge at the request of the person will not find grounds for its renewal.

3.  A copy of the decision to return the complaint shall be immediately sent to the person who filed it, together with the complaint and all materials attached to it.

4.  The investigating judge, the court refuses to open proceedings only if the complaint is filed against the decision, action or inaction of the investigator, prosecutor, which is not subject to appeal.

5.  A copy of the decision to refuse to initiate proceedings shall be immediately sent to the person who filed the complaint, together with the complaint and all materials attached to it.

6.  The decision to return the complaint or refuse to initiate proceedings may be appealed.

7.  The return of the complaint does not deprive the right to re-appeal to the investigating judge, the court in the manner prescribed by this Code.