Reasons and grounds for initiating a criminal case

According to the procedural norms embedded in Ukrainian legislation, the initiation of a criminal case is possible only in the presence of a reason that determines the lawfulness of further investigative actions. In addition, a mandatory condition is a set of facts that provide grounds for making such a decision. A person in respect of whom a case has been initiated has the right to use the services of a defense lawyer who can assess the legality of the reason and the sufficiency of the available grounds. You can learn more about qualified legal assistance of a lawyer at the pre-trial investigation stage by following the link: Lawyer services at the pre-trial stage.

Legal understanding of the reason for initiating a criminal case

A formal prerequisite allowing the initiation of proceedings is the information available to investigative authorities about a committed or planned crime. The following are considered as reasons for initiating a case:

• Statements from citizens or reports from organizations, which may be either written or oral. In the latter case, the provided information is recorded in a protocol, which also includes the applicant’s details. As for anonymous reports — they cannot, by themselves, serve as reasons, but they require checks that may uncover facts indicating signs of a crime.
• Reports from government officials who have information about a committed or planned unlawful act. In particular, an official of a state body may submit the corresponding statement to the prosecutor’s office.
• Voluntary surrender (confession), which involves the voluntary arrival of a citizen who committed the crime to the internal affairs bodies, as well as a detailed account of the circumstances of the act with provision of possible evidence. In this case, before initiating a criminal case, the investigator or an inquiry officer is obliged to conduct a check to exclude the possibility of self-accusation.
• A report in the mass media whose content indicates a crime. Information obtained publicly is examined by competent authorities. The person who initiates the criminal case must have confirmation of the facts described in the public material.
• The direct detection of certain signs of a crime by inquiry bodies in cases where a criminal case is initiated without a report from an interested person. For example, during the investigation of one crime, data may emerge about the commission of another criminal offense.

Information obtained from other sources not provided for by law cannot serve as a reason for initiating a case. Our lawyers are ready to oversee compliance with the procedural order by law enforcement officers, and you can see the list of services here: Criminal case services.

Legal grounds allowing a decision to initiate a case

Regardless of the method by which a report of a particular unlawful act was received, such data will not be sufficient. In all cases when a criminal case is initiated, it is necessary to confirm that the facts indicating signs of a crime actually occurred. Only in the presence of such data is the corresponding order issued. Before the stage of initiating a criminal case, it is inadmissible to carry out investigative actions, including interrogations, searches, examinations.

According to criminal procedure norms, sufficient grounds are conclusive data indicating a committed or pending crime. In their absence, the investigator or inquiry officer is forced to issue a refusal to initiate the case. However, in judicial proceedings, such decisions are often recognized as unlawful or unfounded.

Grounds for exemption from criminal liability

Exemption from criminal liability may be full or partial and is possible only on the basis of a court decision. Particular prerequisites and reasons are required for exemption from criminal liability.

A reason for exemption may be:

1. cases provided for by the Criminal Code of Ukraine;
2. on the basis of the Law of Ukraine on amnesty;
3. on the basis of an act of pardon.

Statutory time limits

From the moment information about an act that has signs of an offense is received, the decision to initiate a case or to refuse must be made within three days. In exceptional cases, a ten-day period is provided.

The pre-trial investigation of a criminal case after entering the data into the Unified Register of Pre-Trial Investigations (URPI) must be conducted within the following periods:

• two months from the moment of notifying the person suspected of a criminal misdemeanor;
• three months if it concerns the commission of a minor or medium-severity crime;
• six months in cases involving criminally punishable serious or especially serious offenses.

Cost of criminal lawyer services in Ukraine

Experienced lawyers of the “Nakaz” company provide services to protect the rights of citizens in respect of whom criminal cases have been initiated. We will also provide a sample form and help draft a statement to initiate a criminal case and an application to the prosecutor’s office to protect your rights. You can read about the advantages of cooperating with us by following the link: Criminal defense lawyer services in Kyiv.

The cost of services of a qualified lawyer depends on the complexity of the situation and is calculated individually during preliminary familiarization with the materials, taking into account the duration of the criminal investigation.