Preventive measures — from a personal undertaking to detention in custody — are provided for in Article 176 of the Criminal Procedure Code (CPC/КПК). When choosing a measure, the investigating judge must assess the risks defined in Article 177 and the circumstances listed in Article 178 CPC: strength of social ties, health, reputation, financial situation and others.
We prepare objections before the investigator's motion is heard, gather documents characterising the person and propose a lighter measure. If a ruling has already been issued, an appeal must be filed within five days of its announcement (Article 395 CPC), and later it is possible to ask for the measure to be changed or cancelled in light of new circumstances.
When to seek help
- The investigator has filed a motion for a preventive measure
- The investigating judge has ordered detention in custody or 24-hour house arrest
- Bail has been set at an amount you cannot pay
- The preventive measure keeps being extended
- Circumstances have changed: health, family situation, new evidence
- Obligations imposed by the ruling prevent you from working or receiving treatment
What the lawyer does
Preparing for the hearing of the motion
We study the motion and its attachments and prepare written objections on the grounds for the suspicion and the alleged risks.
Documents characterising the person
We gather certificates of employment and residence, family status, health and character references so the court sees the full picture under Article 178 CPC.
Appeal
We draft and file an appeal against the investigating judge's ruling within five days and take part in the hearing at the court of appeal.
Changing or cancelling the measure
We prepare motions to change the preventive measure or ease obligations when new circumstances arise or the risks decrease.
Opposing extensions
We take part in hearings on extension motions and insist that the prosecution prove each time that the risks remain relevant.
Documents to prepare
- The investigating judge's ruling or the investigator's motion, if served
- Notice of suspicion
- Certificates of employment, residence and family composition
- Medical documents on the health of the suspect and their close relatives
- Character references, documents on assets and income for setting bail
- Documents on dependants
What you get
- Written objections to the investigator's motion
- An appeal filed on time
- A motion to change or cancel the preventive measure
- The lawyer's participation in hearings before the investigating judge and the court of appeal
Frequently asked questions
How long does a custody ruling last?
A ruling of the investigating judge on detention in custody may not exceed 60 days, and one on house arrest may not exceed two months. The period can be extended at the prosecution's request, but each time it must be shown that the risks have not decreased. At every extension the defence may object and propose another measure.
Can the preventive measure be changed if the court of appeal upheld the ruling?
Yes. The suspect and the defence lawyer may file a motion to change the preventive measure if new circumstances have arisen that were not considered before: deteriorating health, a new job, new evidence. The court may decline to consider a repeat motion with the same arguments.
What is bail and who can pay it?
Bail is a sum of money paid into a special account to secure the suspect's compliance with the obligations imposed on them. It may be paid by the suspect or by another person. The amount is set by the investigating judge within the limits established by Article 182 of the Criminal Procedure Code (CPC/КПК), and the defence may ask for it to be reduced in light of the person's financial situation.