A notice of suspicion means the investigation already has its version of events and evidence to support it. From that point the person has the rights set out in Article 42 of the Criminal Procedure Code (CPC/КПК), and the right to defence is guaranteed by Article 20 CPC. Exercising them without a lawyer is difficult: deadlines are short and early mistakes are hard to correct.
We analyse the wording of the suspicion and the available evidence, take part in questioning and other investigative actions, file motions for investigative actions in favour of the defence and complaints against decisions of the investigator or prosecutor. We set the strategy together with the client and revise it as new material emerges.
When to seek help
- You have been served a notice of suspicion
- You have been summoned for questioning and are unsure of your procedural status
- You have been arrested or are at risk of arrest
- The investigation is asking the court to impose a preventive measure
- The investigation has been going on for a long time and you do not know what evidence has been gathered
- The investigation is complete and the case file has been disclosed to you under Article 290 CPC
What the lawyer does
Review of the suspicion and evidence
We assess the legal classification, the grounds for the suspicion and the admissibility of evidence, and identify contradictions and gaps in the investigation's version.
Attendance at questioning and investigative actions
We prepare the client for questioning, attend it and other procedural actions, and make sure rights are respected and records are accurate.
Motions and gathering evidence
We file motions for expert examinations, questioning of witnesses and production of documents, and gather evidence in favour of the defence ourselves.
Challenging investigation decisions
We challenge decisions, actions or inaction of the investigator and prosecutor in the manner provided by the CPC, including before the investigating judge.
Complaint against the notice of suspicion
If the suspicion is unfounded, once the period set by the CPC has expired we file a complaint against the notice of suspicion with the investigating judge.
Position at the end of the investigation
We review the case file once it is disclosed and prepare a position on the indictment and possible procedural decisions, including closure of the proceedings.
Documents to prepare
- Notice of suspicion, summonses
- Records of procedural actions, copies of which you were given
- Rulings of the investigating judge, if any
- Documents supporting your position: contracts, correspondence, bank statements
- A timeline of events written in your own words — for the lawyer only
- Character references, medical certificates and documents on family circumstances
What you get
- Legal assessment of the suspicion and the evidence gathered by the investigation
- A defence strategy agreed with you
- The lawyer's attendance at questioning and investigative actions as per the agreement
- Motions, complaints and regular reports on the status of the proceedings
Frequently asked questions
What should I do immediately after receiving a notice of suspicion?
Do not give explanations or sign documents without a defence lawyer; contact a lawyer and give them a copy of the notice. Do not discuss the substance of the case with other participants in the proceedings and do not destroy documents or correspondence: this may be treated as a risk to the investigation. The lawyer will then study the suspicion and propose a plan of action.
Can the suspicion itself be challenged?
Yes. Article 303 of the Criminal Procedure Code (CPC/КПК) allows a notice of suspicion to be challenged before the investigating judge, but only after the statutory period from the date of notification has expired, if the proceedings have not been completed in that time. The period depends on the gravity of the offence. The investigating judge assesses whether there are sufficient grounds for the suspicion.
Can a defence lawyer be present at questioning from the very first minute?
Yes. A suspect has the right to a defence lawyer from the moment of arrest or notification of suspicion and may demand that the lawyer be present during questioning. The court may rule testimony obtained in breach of the right to defence inadmissible. A witness may also attend questioning with a lawyer.