The lawyers managed to close the proceedings, which limit the client’s rights

11.01.2022

The lawyers managed to close the proceedings, which limit the client’s rights

Experts of the Yevhen Pelikhos Law Office have proven that it is possible to fight protracted criminal proceedings if you make maximum efforts in the interests of the client.

In general, criminal proceedings carried out without a notification of suspicion and entered into the EDDR before 2018 still create great problems due to the lack of effective and reliable mechanisms for lawyers to influence the prosecution's decision-making necessary for the client.
JSC Yevgena Pelikhosa provided legal assistance to a client in one of these cases. It took 1.5 years to get a decision to close the criminal proceedings against the client, after making all possible efforts and taking legal actions, but without serving a notice of suspicion.
With the help of hundreds of inquiries, complaints, petitions and appeals, the lawyers of the bureau managed to establish the client's legal status as "another person whose rights are limited in criminal proceedings." As a result, the accused party is obliged to return temporarily confiscated property. The court also established a violation of the reasonable terms of the pre-trial investigation.
In the end, the level of importance of the investigation proceedings was lowered — from the chief investigator to the district administration, and later the proceedings were generally recognized as irrelevant.
The result was a decision to close the proceedings due to the lack of a criminal offense.
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