Prevented the client’s arrest

The Client Remained Free: Court Refused Pre-Trial Detention in Criminal Proceedings

The team of the LESHCHENKO & PARTNERS Law Firm successfully protected the client’s interests in criminal proceedings at the pre-trial investigation stage — the investigating judge of the Pecherskyi District Court of Kyiv denied the prosecution’s motion to apply the strictest preventive measure.

Case Background

Within the framework of criminal proceedings related to the client’s activities, a senior investigator of the Main Investigation Department of the State Bureau of Investigation filed a motion with the court requesting the application of a preventive measure in the form of detention for a period of 60 days, with an alternative bail set at nearly UAH 1,000,000.

The client was suspected of committing a serious crime.

In essence, the request concerned the application of an exceptional preventive measure involving the deprivation of liberty prior to the consideration of the case on its merits.

Defense Position

During the court hearing, the attorneys of LESHCHENKO & PARTNERS consistently demonstrated the lack of proper justification for the motion filed.

In particular, the prosecution failed to prove:

• the validity of the suspicion and its confirmation by proper and admissible evidence;
• the existence of risks предусмотренные Article 177 of the Criminal Procedure Code of Ukraine;
• the impossibility of applying more lenient preventive measures.

Moreover, the motion’s arguments were based on assumptions rather than established factual circumstances.

Court Decision

Having examined the case materials and heard the arguments of the parties, the investigating judge of the Pecherskyi District Court of Kyiv supported the defense’s position and denied the motion to apply a preventive measure in the form of detention.

Thus, the strictest preventive measure was not applied to the client, and he remained free.

This decision once again confirms that detention as an exceptional preventive measure may be applied only if there is proper and sufficient justification in compliance with the requirements of criminal procedural law.

A professional and consistent defense strategy plays a crucial role in ensuring the protection of individual rights at the pre-trial investigation stage.