Lawyers in criminal cases

Team

Yurii Zhuk

READ MORE

Kostiantyn Chetvertak

READ MORE

Work algorithm

Cases

• Infliction of bodily injury and non-pecuniary damage

Problem:

The client was accused of inflicting intentional bodily harm. The crime is provided for in Part 1 of Article 125 of the Criminal Code of Ukraine. At the same time, the victim filed a claim for non-pecuniary damage in the amount of UAH 50 thousand.

Solution:

Since the notification of suspicion, the Client has pleaded guilty to the crime. However, the line of defence built by the lawyers not only withstood but also broke the prosecution, as a result of which the Client was released from criminal liability due to the expiration of the statute of limitations. In addition, the court dismissed the victim's claim for non-pecuniary damage.

Result:

The client was released from criminal liability. The victim's claim for non-pecuniary damage was dismissed.

• Theft with breaking and entering

Problem:

The prosecutor's office accused the Client of a crime under Part 3 of Article 185 of the Criminal Code of Ukraine, burglary. The Client faced a sentence of imprisonment for a term of 3 to 6 years.

Solution:

The lawyers represented the Client's interests from the trial stage, while the Client himself was in pre-trial detention. In a short time, the criminal case materials were thoroughly studied and the position in the case was determined, additional evidence was collected that mitigated the Client's guilt and characterised him positively, and the victim was compensated for the damages caused.

Result:

Instead of imprisonment for a term of 3 to 6 years, the Client received a 6-month arrest.

• The case of drug possession

Problem:

The client was accused by the pre-trial investigation authorities of committing a crime under Part 1 of Article 309 of the Criminal Code of Ukraine (possession of drugs without the intent to sell).

Solution:

The lawyers built a line of defence in the shortest possible time and worked on collecting the necessary evidence, including certificates that positively characterise the person and mitigate the Client's guilt. As a result, at the time of the court hearing, the Client was undergoing treatment for drug addiction. At the court hearing, the lawyers provided all the necessary documents confirming that the Client was undergoing treatment, and on this basis, they filed a motion to release the Client from criminal liability.

Result:

The Client was released from criminal liability and drug addiction.

• Road traffic accident with bodily injuries

Problem:

The Client committed a violation of road safety rules, which caused moderate bodily harm, an offence under Part 1 of Article 286 of the Criminal Code of Ukraine. The penalties the Client could have faced: a fine, correctional labour, arrest or restriction of liberty with deprivation of the right to drive vehicles.

Solution:

In the course of the pre-trial investigation, the victim was fully compensated for the costs of medical treatment and non-pecuniary damage. In addition, the lawyers collected evidence that testifies to the Client and characterises him exclusively on the good side. During the trial of the criminal case in court, the defence lawyers filed a motion to release the client from criminal liability due to the fact that the victim had reconciled with the accused.

Result:

The client was released from criminal liability.

• Driving a car in the state of alcohol intoxication

Problem:

Based on the medical examination report, the police drew up a report on administrative offence under Part 1 of Article 130 of the Code of Administrative Offences (driving under the influence of alcohol) and seized the Client's driving licence.

Solution:

In order to build a line of defense in court and obtain the necessary information, more than 10 attorney requests were sent to state bodies, as a result of which proper and admissible evidence was obtained. In court, the lawyers confirmed the illegality of the examination in the medical institution, as well as the lack of appropriate competence of the doctor who conducted the examination, which affected the recognition of the evidence in the case as improper.

Result:

Thanks to the Client's timely request for legal assistance and the lawyers' scrupulous approach to solving this problem, the case was closed due to the absence of an administrative offense, and the driver's license was returned to the Client.

• Late submission of income declaration

Problem:

The client, who is an official, addressed the issue of possible administrative liability due to violation of financial control requirements - untimely submission of declaration on property and income (Part 1, Article 172-6 of the Code of Administrative Offenses).

Solution:

The lawyers quickly conducted work on gathering evidence, with the aim of building a legal defense and declaring the Client innocent. In court, lawyers proved the absence of intent in the Client's actions, as a mandatory component of an administrative offense.

Result:

The case is closed due to the absence of an administrative offense in the Client's actions.

• Dissemination of false information on the Internet and mass media

Problem:

Regarding the Client and his business, in the mass media, as well as on the Internet, inaccurate information was spread, which negatively affected his honor, dignity and business reputation.

Solution:

The lawyers conducted an analysis of the information that is being disseminated, isolated from it an unreliable component, and submitted it for expert research. After receiving the expert's opinion, a lawsuit was prepared and submitted to the court for the protection of honor, dignity and business reputation.

Result:

The information disseminated about the Client is recognized by the court as unreliable, which the defendant is obliged to refute. In addition, the Client was charged compensation in the form of moral damages and attorney's fees.

• The known false report of a crime

Problem:

Having not fully understood the situation, the Client turned to the police, informing about the commission of a crime against him. The message turned out to be false. After all, the Client's actions are qualified under Part 1 of Art. 383 of the Criminal Code of Ukraine, in connection with which the prosecutor presented him with an indictment.

Solution:

The Client's timely appeal for help to the lawyers made it possible to competently build a line of defense in the case, request additional investigative actions, including questioning witnesses, and collect the necessary written evidence that mitigates the suspect's guilt. Moreover, in the preparatory court session, the lawyers managed to return the indictment to the prosecutor, as it was drawn up with obvious violations. Thanks to the correctly chosen tactics, the prosecutor was unable to prove the Client's guilt, because at the time the case was considered in court, the terms of criminal prosecution had expired.

Result:

The client is released from criminal liability.

• Driving a car while under the influence of drugs

Problem:

The police drew up a report on the Client regarding an administrative offense under Part 1 of Art. 130 of the Code of Criminal Procedure (driving a car under the influence of alcohol or drugs) and confiscated his driver's license. It should be noted that the Client refused to undergo an examination for drug intoxication.

Solution:

Having studied the case file in court in detail, the lawyers came to the conclusion that the statements of the police that the Client refused to undergo an examination for drug intoxication are unreliable. In fact, the police did not explain to the person that refusing to pass the inspection is equivalent to driving under the influence of drugs, which violated his rights. Along with this, the defense attorneys discovered a number of violations during the preparation of the protocol, about which a petition was filed to close the case.

Result:

The driver's license was returned, and the case itself was closed due to the absence of an administrative offense in the Client's actions.

• Hooliganism and bodily harm

Problem:

The client was accused of committing hooligan acts with the use of a special object for inflicting bodily harm and inflicting intentional bodily harm of moderate severity. Crimes provided for in Part 4 of Art. 296, Part 1 of Art. 122 of the Criminal Code of Ukraine, for the commission of which he faced up to 7 years of imprisonment.

Solution:

Thanks to the qualified approach of the lawyers, it was possible to reclassify the crime from Part 4 of Art. 296 on part 1 of Art. 296 of the Criminal Code of Ukraine and to close the criminal proceedings in this part, in connection with the expiration of the terms of criminal prosecution. According to part 1 of Art. 122 of the Criminal Code of Ukraine, the Supreme Court imposed a final punishment in the form of 1 year of restriction of free will, at the same time exempting the Client from serving the prescribed punishment, with a probationary period of 2 years.

Result:

Instead of 7 years of actual imprisonment, the client was sentenced to 1 year of restriction of liberty and released from serving the prescribed sentence, with the condition that he does not commit a new crime during the 2 years of probation.

• Manslaughter due to negligence

Problem:

In this case, we represented the interests of the victim who suffered an irreparable loss - his son was killed by a minor due to carelessness (part 1 of article 119 of the Criminal Code of Ukraine).

Solution:

In the course of the pre-trial investigation, the lawyers collected a number of evidences that confirm the costs incurred by the Victim and filed a civil lawsuit for compensation for material and moral damages. The court of first instance, having considered the case, satisfied the civil claim, but imposed a punishment on the accused, which is not related to actual deprivation of liberty. Disagreeing with this court decision, we have filed an appeal.

Result:

The appellate court satisfied the submitted complaint, annulled the verdict of the district court in terms of the imposed punishment and sentenced the accused to 4 years of real imprisonment. After consideration of the case in the Supreme Court, the said decision remained unchanged.