Віталій Бессонов - Адвокат у кримінальних справах. Захист у кримінальних провадженнях
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Emergency Lawyer for Detention

Main rule: Do not sign anything without a lawyer.

You have a constitutional right to legal assistance (Art. 59 of the Constitution of Ukraine) and the right to remain silent (Art. 63 of the Constitution of Ukraine). Demand the presence of attorney Vitaliy Bessonov before any investigative actions.

Action algorithm

1. Immediately demand a lawyer and notify your family

From the moment of actual detention, state clearly: 'I demand a lawyer. I will not give any explanations until my lawyer arrives.' Under the Constitution, the detained person must be immediately informed of the reasons for detention, have their rights explained, and be provided the opportunity to use legal assistance from the moment of detention.

Additionally, the authorized person must provide the opportunity to immediately notify close relatives, family members, or other persons of your choice about the detention and your location.

2. Establish the exact grounds and exact time of detention

Not every 'delivery' to a police station is lawful. Without an investigating judge's order, detention is only permitted in cases specified by the CPC: when a person is caught during the commission of a crime or attempt, or immediately after.

It is critical to immediately record the exact time of detention, because under the CPC a person is considered detained not from the moment the protocol is drawn up, but from the moment they were forced by power or obedience to an order to remain near the authorized person or in a specific premises.

3. Demand the detention protocol and carefully verify it

A protocol must be drawn up for any detention. It must specify the place, date and exact time of detention, grounds for detention, results of personal search, statements or complaints of the detained person, and a full list of their procedural rights and obligations.

Before signing, check whether your remarks are reflected: demand for a lawyer, complaints about pressure, remarks about the actual time of detention, information about use of force, and seized property.

4. Do not give testimony on the merits until consulting with a lawyer

In practice, the most common mistake in the first hours is trying to 'quickly explain everything.' Under the Constitution and CPC, a person is not obligated to give testimony or explanations against themselves and may refuse to answer questions at any time.

The safe baseline position until your lawyer arrives: confirm personal data, state your demand for a lawyer, do not discuss the circumstances of the case, the origin of items, correspondence, trips, contacts, or other facts that may later be used by the prosecution.

5. Monitor deadlines: 72 hours maximum, 60 hours until court or release

The detention period without an investigating judge's order cannot exceed 72 hours from the moment of detention. No later than 60 hours, the detained person must be either released or brought to court for a hearing on preventive measures.

If the actual time of detention is recorded later than the real time, the prosecution artificially 'shifts' the deadline and gains additional time. Recording the real moment of detention is the basis for verifying the legality of subsequent custody.

6. Demand medical assistance and documentation of any injuries

If force was used during detention, or you have health complaints, pain, chronic conditions, or stress-related deterioration, immediately demand a doctor and medical documentation. The CPC directly obliges the responsible official to ensure emergency medical care and documentation of any injuries or health deterioration.

The same responsible official must ensure proper treatment of the detained person, maintain records of all actions involving them, and upon discovering rights violations or cruel treatment — immediately take measures to stop them and report in writing to the prosecutor.

7. In court, report unlawful detention and any violence

Every detained person has the right to challenge their detention in court at any time. The investigating judge must respond if there are signs of deprivation of liberty without proper legal grounds, exceeding the maximum period, or delay in delivery to court.

If a person reports violence during detention or custody, the investigating judge must record this statement, ensure immediate forensic medical examination, order verification of the stated facts, and take security measures.

What not to do

Do not try to 'explain everything like a normal person' without a lawyer. Do not sign documents you haven't read or disagree with. Do not accept formulations about the time of detention that don't match reality. Do not refuse a lawyer under pressure. Do not ignore the need for medical documentation, even if injuries seem minor.

All of this directly affects the admissibility of further evidence, the assessment of the legality of detention, and the defense position in court.

The first hours after detention determine a great deal. At this moment, it's important not to argue chaotically, but to immediately take the situation under procedural control: record the real time of detention, demand a lawyer, not give explanations without defense, verify the protocol, report violations, and if necessary, obtain medical documentation. Actions in the first hours often determine the further defense strategy.

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