Legal Knowledge Center
Criminal Law Knowledge Base
Practical materials about your rights, step-by-step action plans for critical situations, and explanations of key criminal procedure processes.
Articles found: 12
Your Rights Upon Detention
Detention is one of the most stressful moments anyone can face. But it's precisely at this moment that it's crucial to stay calm and know your basic rights.
Constitutional Guarantees
Right to a lawyer (Art. 59 of the Constitution) — demand one immediately
Right to remain silent and not testify against yourself (Art. 63 of the Constitution)
Detention cannot last more than 72 hours without a court decision
You must be informed of the grounds for detention in a language you understand
First Steps
Clearly and calmly state: 'I want a lawyer. Without a lawyer, I refuse to make any comments'
Do not sign any documents without reading them and without your lawyer present
Remember: time, place, name and rank of the person who detained you
Note whether witnesses were present and whether video recording was conducted
⚠️ GOLDEN RULE: Say nothing, sign nothing without a lawyer. Even an 'innocent conversation' can be used against you.
Common Mistakes
Trying to explain your innocence on the spot — this always works against you
Signing protocols 'to be released faster' — every signature has legal force
Handing over your phone without a procedural decision — you are not obligated without a court order
Action Algorithm During a Search
A search is an investigative action that can only be conducted based on a court order from an investigating judge. Knowing the procedure allows you to document violations and challenge the results.
First Things First
Immediately call lawyer Vitaliy Bessonov: +380 (97) 907-62-62
Demand to see the investigating judge's search warrant
Verify: the address in the warrant, your name, the issuing authority, the date
The search must be conducted in the presence of at least 2 witnesses
What to Monitor
Only items specified in the warrant may be seized
Every seized item must be described in the search protocol
You have the right to make remarks to the protocol — document all violations
Do not obstruct the search (this is criminally punishable), but document everything
⚠️ If a search is conducted without a warrant — this is only possible in urgent cases, and the investigator must obtain a warrant within 24 hours after the search. Everything seized without a warrant may be deemed inadmissible evidence.
Your Rights During a Search
Be present and observe all actions
Demand that your lawyer be present
Make remarks to the protocol
Receive a copy of the search protocol
Challenge the investigator's actions in court
Witness Interrogation: What You Need to Know
Being called for interrogation as a witness is often the first step toward changing your status to a suspect. Proper behavior during interrogation is critically important.
Form of Summons
Summons for interrogation must be by official notice (delivered personally or by mail)
A phone call or SMS is NOT a proper summons
The summons must state: who is calling, what case it concerns, date and time, your procedural status
Your Rights as a Witness
Right to have a lawyer during interrogation — a Constitutional guarantee
Right to refuse to testify against yourself and close relatives (Art. 63 of the Constitution)
Right to review your testimony and make corrections
Right to breaks and rest
Strategic Recommendations
Answer briefly, clearly, only what is asked
Don't share more than you're asked — every extra word can become evidence
If you don't remember — say so: 'I don't remember'
Don't speculate or build theories
⚠️ If you feel psychological pressure, manipulation, or threats — immediately document this in the protocol and contact a lawyer.
What is a Notice of Suspicion
Receiving a notice of suspicion is the official moment when the state formally considers you involved in a criminal offense. It is a key procedural document.
What Happens After Suspicion
The prosecutor or investigator delivers the notice of suspicion personally
From this moment, you acquire suspect status with full rights
The investigator may conduct a suspect interrogation
The prosecutor may petition the court for a preventive measure (house arrest, detention)
Your Actions
Immediately contact a lawyer — this is your absolute right
Do not give any testimony without a defense attorney present
Receive and carefully study the suspicion text with your lawyer
The lawyer must verify compliance with the delivery procedure — violations may be grounds for invalidation
Timelines and Consequences
After delivery, the prosecutor has 60 days (for serious crimes) to complete the pre-trial investigation or file an indictment
Preventive measures are chosen exclusively by the court
Failure to appear in court when summoned may result in compulsory appearance
Asset Seizure in Criminal Proceedings
Asset seizure is one of the most painful measures. It can paralyze a business, freeze accounts, and prevent you from managing your own property.
Grounds for Seizure
Seizure is imposed exclusively by an investigating judge's order
Grounds: ensuring possible confiscation, preserving physical evidence, securing a civil claim
Seizure may cover: bank accounts, real estate, vehicles, corporate rights, equipment
How to Challenge
File an appeal against the judge's order within 5 days
Petition for lifting the seizure due to changed circumstances
Prove disproportionality (value of seized assets greatly exceeds possible sanctions)
Prove the property belongs to third parties unrelated to the case
Recovery Strategy
Analyze the order for procedural violations
Prove the legitimate origin of the property
Propose alternative security measures (bail, guarantee letter)
⚠️ Actions aimed at concealing seized property are criminally punishable. All steps must be exclusively legal.
Criminal Risks for Business
Criminal proceedings against a company or its executives can halt operations, freeze assets, and destroy reputation. A proper defense strategy is critical.
Typical Scenarios
Office search and seizure of servers, documents
Notice of suspicion to the director (tax evasion, embezzlement, abuse of authority)
Seizure of corporate accounts and assets
Employee interrogations as witnesses
Preventive Measures
Compliance audit of key business processes
Internal control systems
Employee instructions for search and interrogation scenarios
Off-site backup of critical data
Crisis Management
Immediate engagement of a lawyer before investigative actions begin
Centralized communication — all contact with investigators through the lawyer
Protection of confidential information and trade secrets
Monitoring employee interrogations — every employee has the right to a lawyer
Role of the Lawyer
Risk assessment and defense strategy development
Representing company and individual interests
Challenging unlawful investigative actions
Minimizing reputational and financial losses
Preventive Measures in Ukraine
A preventive measure restricts the rights of a suspect/accused to ensure the proceedings. It is chosen exclusively by an investigating judge or court.
Types of Preventive Measures (mildest to strictest)
Personal obligation
Personal surety
Bail (monetary equivalent)
House arrest
Detention in custody (most severe)
What the Court Considers
Severity of the crime and potential punishment
Risk of fleeing from investigation and court
Risk of destroying evidence or influencing witnesses
The suspect's profile: family, employment, health, prior convictions
Whether alternatives to detention exist
Defense Strategy
Prepare evidence of permanent residence, family, employment
Collect character references and recommendations
Substantiate absence of risks
Propose an alternative measure (bail instead of detention)
If detention is ordered — immediate appeal
⚠️ Detention in custody is only possible for crimes carrying imprisonment. For less serious offenses, the court must choose milder measures.
Covert Investigative (Search) Actions
Covert actions (NSRD) are conducted without the knowledge of the target and aimed at collecting evidence. They are the most invasive investigative tool.
Types of Covert Actions
Interception of telecommunications (wiretapping)
Accessing electronic information systems (accounts, servers)
Inspection of non-public locations
Controlled crime commission (controlled purchase)
Surveillance of a person
Evidence Admissibility
Covert actions require a court order from an investigating judge
Results must be declassified and disclosed to the defense
Procedural violations are grounds for declaring evidence inadmissible
Crime provocation is categorically prohibited
Defense Strategy
Verify the existence and legality of court orders for covert actions
Analyze protocols for compliance with the Criminal Procedure Code
Check whether evidence resulted from provocation
Expert examination of recordings and digital files for authenticity
Challenge admissibility in court proceedings
Device Seizure During Searches
Seizing a smartphone, laptop, or server can give investigators access to a vast array of personal and business information. Knowing the procedure is your protection.
When Seizure is Legal
Based on a search warrant specifying particular items
As temporary property seizure — the court must approve within 48 hours
If the device is a tool or subject of the crime
Your Rights
Demand that each seized device be listed in the protocol (model, serial number, condition)
Note the presence of attorney-client privilege or confidential information on the devices
Demand that devices be sealed in the presence of witnesses
You are NOT obligated to provide passwords — this is your right
Information Protection
Enable device encryption in advance
Use two-factor authentication
Store critical data in cloud storage
⚠️ Never destroy data after criminal proceedings have begun — this may qualify as obstruction of justice (Art. 397 of the Criminal Code).
Specifics of Economic Criminal Cases
Economic crimes are a complex category where criminal, tax, commercial, and corporate law intersect.
Common Charges
Art. 191 CC — Misappropriation, embezzlement, or theft of property
Art. 212 CC — Tax evasion
Art. 205 CC — Fictitious entrepreneurship
Art. 364 CC — Abuse of power or official position
Art. 366 CC — Official forgery
Art. 368 CC — Receiving an unlawful benefit
Defense Specifics
Deep understanding of accounting and financial documentation required
Engagement of independent auditors and experts
Analysis of the chain of fund origins and documents
Proving absence of criminal intent — the key element of defense
Strategic Steps
Comprehensive analysis of case materials and documents
Preparation of alternative expert conclusions
Challenging audit results and tax reviews
Recovery of seized assets
Reputation management and minimizing media pressure
Criminal Case Trial
The trial phase is where the fate of the case is decided. Qualified defense at this stage can fundamentally change the outcome.
Trial Stages
Preparatory proceedings — resolving procedural issues
Court examination — examining evidence, questioning witnesses
Closing arguments — parties present their positions
Defendant's last word
Verdict announcement
Defendant's Rights in Court
Know what you're charged with and receive a copy of the indictment
Have a defense attorney
Present evidence and file motions
Cross-examine prosecution witnesses
Appeal the verdict through appellate and cassation channels
Defense Strategy in Court
Detailed analysis of the indictment for deficiencies
Challenging admissibility of evidence obtained in violation of procedure
Preparing defense witnesses and conducting effective cross-examination
Engaging specialists and experts
Parallel preparation for appeal alongside first instance proceedings
When Your Loved One is Detained
Upon learning of a loved one's detention, it's important to act quickly but thoughtfully. Your support can significantly impact the case.
First Actions
Immediately call the lawyer — +380 (97) 907-62-62
Find out: who detained them (police, SBU, GBI, NABU), under what charge, where they are being held
Don't try to 'resolve the issue' with law enforcement on your own
Don't give money to intermediaries offering to 'help'
Detainee's Rights
Right to a lawyer — free legal aid or one of their choosing
Right to notify relatives about the detention
Right to medical assistance
Right to remain silent and not testify against themselves
Detention without a court decision — no more than 72 hours
How You Can Help
Secure a lawyer — this is the most important step
Gather information: timeline of events, witness contacts
Prepare character references for court (from employer, neighbors, colleagues)
Collect documents confirming permanent residence, employment, family
⚠️ Time is critical! In the first 24-48 hours, investigators most actively collect testimony. A lawyer must be present from the very first minute.