A notice of suspicion is the point at which you cease to be a ‘person under investigation’ and become a party to criminal proceedings, with all the consequences that entails: preventive measures, seizure of property, travel restrictions, and notification of your employer.
It is possible to appeal against a notice of suspicion — but not immediately. A complaint to the investigating judge may only be lodged after one month has elapsed from the date of the notice of suspicion, and in cases involving serious and particularly serious offences — after two months (paragraph 10, part 1 of Article 303 of the Code of Criminal Procedure).
This does not mean that you should sit idly by for the first month — quite the opposite. It is precisely during this period that your defence strategy is developed, evidence is gathered and violations are documented, upon which the complaint will subsequently be based.
+38 095 554-54-24 — legal advice
When the suspicion is unfounded
The investigating judge examines not guilt, but the validity of the suspicion. The complaint is upheld when:
There is insufficient evidence. The suspicion must be based on a body of evidence giving grounds to believe that the person has committed a crime. Conjecture, intelligence reports and ‘testimony from an anonymous source’ do not constitute sufficient evidence.
There are no elements of a criminal offence. The act of which the person is accused is not a criminal offence — a typical situation in cases involving commercial transactions, where an attempt is made to shift a civil dispute into the criminal sphere.
Incorrect classification. The actions have been classified under a more serious offence than is warranted — in order to secure a stricter preventive measure or a longer investigation period.
Procedure for service has been breached. The notice of suspicion was drawn up or served by an unauthorised person, in breach of procedure, without the suspect’s rights being explained.
No specific subject of liability. The section provides for the liability of a public official, and the suspect is not such a person.
The mandatory elements of the offence — intent, purpose, extent of damage — have not been established.
What does the revocation of suspicion entail?
- criminal proceedings against you are discontinued to the extent that the suspicion has been revoked;
- the preventive measure is revoked — bail is refunded, house arrest is lifted;
- the seizure of property is lifted;
- the investigating authorities may issue a new notice of suspicion — but this time taking the court’s position into account, and it will be more difficult for them to repeat the same mistakes.
The withdrawal of the charge does not always mean the case is closed — but it is the strongest blow to the prosecution at the pre-trial stage.
What to do in the first month
Whilst a complaint cannot yet be lodged:
- Familiarise yourself with the case materials to which you have access, and note down what is missing.
- Do not give evidence without having a clear strategy in place. The right to remain silent applies here too.
- Gather evidence for the defence — documents, character references, alibi evidence, expert reports.
- Challenge other decisions — seizure of property, searches, pre-trial measures. These are separate procedures and cannot be delayed for a month.
- Submit motions — to examine defence witnesses, order expert assessments, and request documents.
- Document violations — denial of access to a lawyer, pressure, irregularities during searches. All of this will form part of the complaint.
Parallel lines of defence
Challenging the suspicion is not the only tool, and often not the first one.
- Changing the preventive measure — replacing remand in custody with bail or house arrest;
- lifting of the seizure of property — a separate procedure with its own time limits;
- return of seized property;
- application to have proceedings discontinued — if no offence has been committed;
- declaration of evidence as inadmissible — on the grounds of irregularities in its acquisition;
- appeal against the investigator’s actions — inaction, refusal to grant motions.
When it is not worth appealing
To be honest: appeals against suspicion are not upheld as often as one might wish. If the prosecution’s evidence is strong and the charge is correct, an appeal will merely reveal your position to the investigation prematurely.
Sometimes it is more advantageous to focus on other matters: changing the preventive measure, working with the evidence, reclassifying the charge, or reaching a plea bargain (where this is possible and appropriate).
We’ll put it plainly — and propose a strategy that delivers results, rather than one that’s simply easier to charge a fee for.
How we work
- We analyse the charge — its validity, classification, the manner of service, and whether the elements of the offence are present.
- We develop a strategy — challenging the charge or pursuing another course of action.
- Our work in the first month — applications, evidence, documenting breaches.
- We prepare a complaint to the investigating judge with a full statement of grounds.
- We pursue parallel lines of action — preventive measures, assets, evidence.
- We provide defence at all stages — pre-trial investigation, court proceedings, appeal.
Cost of services
| Service | Price |
|---|---|
| Consultation with analysis of the suspicion | from 1,500 UAH |
| Legal opinion: assessment of the validity of the suspicion and strategy | from 5,000 UAH |
| Preparation of a complaint to the investigating judge, applications and procedural documents | from 5,000 UAH |
| Lawyer’s participation in investigative proceedings | from 15,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Court representation | from 10,000 UAH |
| Comprehensive ‘turnkey’ representation in a criminal case | from 60,000 UAH |
Full price list · Criminal law
Questions and answers (Appealing against a notice of suspicion)
When can a notice of suspicion be appealed?
A complaint to the investigating judge must be lodged one month after the date of the notice of suspicion, and in cases involving serious and particularly serious offences — two months after that date (paragraph 10, part 1, Article 303 of the Code of Criminal Procedure).
What does the investigating judge examine?
Not guilt, but the validity of the suspicion: whether there is sufficient evidence, whether the classification of the offence is correct, whether the procedure for service was followed, and whether the elements of the offence are present.
What does the quashing of a suspicion entail?
Termination of prosecution in respect of the quashed part, revocation of the preventive measure, and lifting of the seizure of property. The investigation may issue a new suspicion — but this must take the court’s position into account.
What should be done in the first month, whilst it is not yet possible to lodge a complaint?
Gather evidence for the defence, submit applications, challenge the seizure of property and the preventive measure (these do not wait a month), and document any violations by the investigation.
Can a preventive measure be challenged separately?
Yes, and this is often more important than the charge itself. Detention can be replaced with bail or house arrest—this is a separate procedure with its own time limits.
Should you give evidence after being charged?
Only after you have established a strategy with your solicitor. The right not to incriminate yourself applies at all stages, and refusing to give evidence is not evidence of guilt.
Is it always worth challenging the charge?
No. If the prosecution’s evidence is strong and the charge is correctly classified, a challenge will only reveal your position prematurely. Sometimes it is more effective to focus on the preventive measure, the evidence or the classification of the offence.
What should you do if the notice of suspicion was served in breach of procedure?
Record this in writing and use it as the basis for an appeal: a notice drawn up or served by an unauthorised person, or without an explanation of your rights, is invalid.
What documents should I bring to the consultation?
The notice of suspicion, court orders (pre-trial measures, seizure of property), records of investigative actions, and all documents that have been served on you.
Contacting a lawyer at ‘Svarog’ to challenge a notice of suspicion
Send us the notice of suspicion — we will check its validity, legal classification and the manner of service, and advise you on what to do right now. The first month, whilst it is not yet possible to lodge a complaint, is the most crucial: it is during this period that the foundations are laid for everything on which the complaint will subsequently be based.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00