How to protect yourself in criminal proceedings and why you need a lawyer from day one

• Criminal proceedings begin with the entry of information into the Unified Register of Pre-Trial Investigations and go through several stages: pre-trial investigation, trial and appeal.
• The rights of a suspect are set out in Article 42 of the Criminal Procedure Code: the right to remain silent, not to testify against yourself and to have a defense lawyer from day one.
• Without a court ruling a person cannot be held for more than 72 hours and must be brought before a court within 60 hours; a home search or pre-trial detention requires a decision of the investigating judge.
• Mistakes of the first hours (explanations given without a lawyer, documents signed unread) often determine the outcome of the case.
• Attorney Kobets has over 25 years of practice and used to work in investigative bodies, so he sees the case from both sides and builds the defense at every stage.

Criminal proceedings are a complex and stressful process in which every step has legal consequences, and the mistakes of the first hours often affect the entire outcome of the case. Attorney Oleksii Kobets has more than 25 years of practice and previously worked in investigative bodies, so he knows the system from the inside and builds the defense at every stage: from the first interrogation to the appeal. This page brings together the essentials of how proceedings work, what rights you have and when you need a defense lawyer.

What are criminal proceedings and how do they begin?

Criminal proceedings are the procedure, established by the Criminal Procedure Code, for the actions of investigative bodies, the prosecution and the court in relation to a specific event that shows signs of a crime. Formally, they begin not with the opening of a case in the old sense, but with the entry of information into the Unified Register of Pre-Trial Investigations (Article 214 of the CPC). From that point the investigator and the prosecutor have the right to conduct investigative actions: interrogations, examinations, searches, expert evaluations.

At this stage a person may still have a different status: a witness, a suspect, or none of the procedurally defined ones yet. That is why you should not give detailed explanations before consulting a lawyer, as what is said at the beginning often becomes the basis for a later suspicion.

Example. A person is invited by phone to “just come and talk as a witness”. They arrive without a lawyer and tell their version of events in detail, and a week later those same words are quoted in the notice of suspicion. Had a defense lawyer been present, part of the explanations could have been withheld or worded more carefully.

What stages does a criminal case go through?

The proceedings are conventionally divided into several stages. The first is the pre-trial investigation, which, depending on the gravity of the act, takes the form of an inquiry (for criminal misdemeanors) or a pre-trial investigation (for crimes). At this stage evidence is collected, the notice of suspicion is served and a measure of restraint is chosen.

The second stage is the trial in the court of first instance, where the prosecution and the defense present evidence and question witnesses, and the court delivers a verdict. The third stage is the review of the verdict: an appeal and, if there are grounds, a cassation appeal. A defense lawyer is needed at each of these stages, because work left undone during the investigation costs dearly in court.

Example. A defense that joins only before the trial often discovers that key evidence was collected with violations back at the investigation stage, but no objections were recorded at the time. A lawyer involved from day one can lay the groundwork for a future appeal in good time.

What rights does a person have in criminal proceedings?

The rights of a suspect and an accused are set out in Article 42 of the CPC. Key ones include: the right to know what you are suspected of, the right to remain silent and not to testify against yourself or your relatives (Article 63 of the Constitution), the right to have a defense lawyer and to meet with them before the first interrogation, the right to submit evidence and file motions, and the right to challenge the decisions of the investigator and the prosecutor.

In practice these rights often remain on paper if no lawyer is present. Under pressure, people sign documents without reading them, agree to be questioned without a defense lawyer, and give explanations that are later hard to refute. The lawyer’s job is to make sure every right actually works.

What to do if you are detained?

Detention is one of the most critical moments, and you need to act calmly and in a legally competent way. A person may be detained without a court ruling only in cases clearly defined by the CPC, and such detention cannot last more than 72 hours, and the person must be brought before a court no later than 60 hours after the detention (Article 211 of the CPC): within that time the person must either be released or brought before an investigating judge to decide on a measure of restraint. In the first hours it is important to identify yourself, not to resist, but to use your right to remain silent and to demand a lawyer.

Example. A detainee is offered to “quickly sign everything and go home”. In reality, a signature under explanations can lock in an unfavorable version of events. Calmly refusing to testify until your lawyer arrives is not a sign of guilt but a lawful right.

For a detailed step-by-step guide to the first hours, see the article “Detention: your rights in the first hours”, and for how to behave during questioning, see “Summoned for questioning: what to do”.

What does a notice of suspicion mean?

A notice of suspicion is an official document; once it is served, a person acquires the status of a suspect and the full scope of defense rights. The procedure for drawing it up and serving it is governed by Articles 276-278 of the CPC. From that moment the case contains a specific accusation, and the further defense strategy is built around it.

The suspicion must be checked carefully: whether the act is correctly qualified, whether the circumstances are fully set out, and who approved the document. Errors in the notice of suspicion may later become grounds for challenging it. Read more in the article “Notice of suspicion: what it is and what to do next”.

What measures of restraint are there?

After the notice of suspicion is served, the prosecutor may ask the court to apply a measure of restraint. Article 176 of the CPC provides for several types, from the mildest to the strictest: a personal undertaking, a personal guarantee, bail, house arrest and pre-trial detention. Detention is an exceptional measure, and the court must justify why milder ones would not ensure proper procedural conduct.

Example. The prosecutor requests detention, citing a “risk of absconding”. The defense submits evidence: a permanent job, a home, dependent children, readiness to post bail. This is often enough for the court to choose bail or house arrest instead of a detention facility.

For more about each type and how to secure bail or house arrest instead of detention, see the article “Measures of restraint: detention, bail, house arrest”.

What are your rights during a search?

A search of a home or other property is conducted on the basis of a ruling of the investigating judge (Article 234 of the CPC), except in urgent cases, which are later reviewed by the court. During a search you have the right to see the ruling, check the address and the list of items sought, demand the presence of a lawyer, and make sure everything seized is properly recorded in the protocol.

Example. Investigators show the ruling only briefly and start seizing equipment not mentioned in the list. A calm demand to be given the ruling to read, and recording objections in the protocol, later help to challenge such a seizure.

What exactly to check in the ruling and how to behave is explained in the article “Search: your rights during a search”.

Can a verdict be appealed?

Yes. A verdict of the court of first instance is not final: it can be appealed within 30 days of its pronouncement. The appellate court reviews the legality and validity of the verdict, may order a re-examination of the evidence, amend the verdict or overturn it. If there are grounds, a cassation appeal to the Supreme Court is possible next.

The success of an appeal largely depends on how thoroughly the defense worked earlier and what objections were recorded during the investigation and in the court of first instance. That is why bringing a lawyer in only at the appeal stage is late, though not hopeless.

Why a lawyer from day one, and how does a defender with investigative experience help?

The earlier a lawyer joins the case, the more opportunities there are for the defense: preventing self-incrimination, challenging the investigator’s actions in time, gathering evidence in favor of the client, and securing a milder measure of restraint. His experience in investigative bodies gives attorney Kobets an inside understanding of how the investigation thinks, which helps anticipate the prosecution’s moves and build the defense one step ahead.

Attorney Kobets provides defense at all stages of criminal proceedings in Kyiv and beyond. Every situation is unique, so it is best to start with a confidential consultation to assess the prospects and define a plan of action.

Related materials

This page is an overview. Specific issues are covered in more depth in the cluster articles:

• How to choose a criminal defense attorney
• Detention: your rights in the first hours
• Summoned for questioning: what to do
• Notice of suspicion: what it is and what to do next
• Measures of restraint: detention, bail, house arrest
• Search: your rights during a search
• Appealing a verdict

Frequently asked questions

When does a person have the right to a lawyer in criminal proceedings?
From the very first moment measures are applied or questions are asked about the substance of the suspicion: upon detention, at the first interrogation, when the notice of suspicion is served. The right to a defense lawyer is guaranteed by Article 20 of the CPC and can be exercised before giving any explanation. You may engage your own lawyer or, if needed, a state-funded one.

Is a person obliged to give explanations to the investigator?
No. Article 63 of the Constitution and Article 18 of the CPC guarantee the right not to testify against yourself or your relatives. You may exercise the right to remain silent and answer only in the presence of a lawyer, and this cannot be treated as evidence of guilt.

How long can you be held without a court decision?
Detention without a ruling of the investigating judge cannot last more than 72 hours. Within that time the person must either be released or brought before a court to decide on a measure of restraint.

What to do if they come with a search?
Ask to see the investigating judge’s ruling, check the address and the list of items, record what happens and call your lawyer immediately. You have the right to have a defense lawyer present during the search.

Can a verdict be appealed?
Yes. A verdict of the court of first instance can be appealed within 30 days of its pronouncement, followed by a possible cassation appeal. A lawyer helps prepare the appeal and identify grounds for overturning or amending the verdict.

This material is for information purposes only and is not legal advice or a guarantee of any result. Every case is unique, and the application of legal rules depends on specific circumstances. For an assessment of your situation, seek a personal consultation with a lawyer. The author complies with the Rules of Attorney Ethics and the Law of Ukraine “On the Bar and Practice of Law”.