Once the indictment has been sent to court, the case enters a new phase: evidence is examined directly at the hearing, the defence questions witnesses, files motions and objects to inadmissible evidence. This is where guilt and sentence are decided.
We join a case at any stage of the trial: we study the case file, build a position on the evidence, prepare the client for examination and attend hearings. After the verdict we assess the grounds for an appeal, which must be filed within 30 days of the verdict being pronounced (Article 395 of the Criminal Procedure Code (CPC/КПК)), and, if needed, for a cassation appeal.
When to seek help
- The indictment has been sent to court
- You need a defence lawyer at the trial stage
- An agreement with the prosecutor or the victim is being discussed
- A verdict has been delivered that you disagree with
- The court of appeal upheld the verdict and you are considering a cassation appeal
What the lawyer does
Review of the case file
We study the indictment and the materials disclosed under Article 290 CPC, assess the admissibility and sufficiency of evidence and identify weaknesses in the prosecution's case.
Defence strategy in court
Together with the client we choose the line of defence, decide which witnesses to question and which evidence to have examined, and assess whether an agreement makes sense.
Attending court hearings
We examine witnesses, file motions and objections, make closing submissions and make sure the client's procedural rights are respected.
Appeal
We prepare an appeal against the verdict within the 30-day period, setting out breaches of law or inconsistency between the court's findings and the facts of the case.
Cassation appeal
We assess the grounds for cassation in the Supreme Court and prepare an appeal citing material breaches of the CPC or misapplication of the law.
Documents to prepare
- The indictment and the register of pre-trial investigation materials
- Copies of materials disclosed by the prosecution
- Court rulings, hearing logs and audio recordings of hearings, if any
- The verdict or ruling you plan to appeal
- Documents characterising the accused
What you get
- Legal assessment of the charges and evidence
- A defence strategy agreed with the client
- Attendance at court hearings and procedural documents
- An appeal or cassation appeal if needed
Frequently asked questions
Can I engage a lawyer if the trial has already started?
Yes, the accused has the right to engage a defence lawyer at any stage of the proceedings. A new lawyer needs time to review the case file, so the court should be notified in advance that they are joining the case. There may be several defence lawyers if this is in the client's interests.
What is a plea agreement?
It is an agreement between the accused and the prosecutor on the wording of the charge and an agreed sentence (Articles 468–469 of the Criminal Procedure Code (CPC/КПК)). It may be concluded only for categories of offences defined by law and only voluntarily. Before signing, the lawyer explains all the consequences, including the limited right to appeal the verdict.
What are the deadlines for appealing a verdict?
An appeal against a verdict is filed within 30 days of its pronouncement (Article 395 of the Criminal Procedure Code (CPC/КПК)); for an accused held in custody, the period runs from the date they receive a copy of the verdict. A cassation appeal is filed within three months of the pronouncement of the appellate court's decision.