By the time a case reaches the judge, the prosecution has already gathered evidence, recorded statements and established the charges. In court, all of this has to be refuted — and this is fundamentally more difficult than preventing such evidence from emerging in the first place.
Defence during the pre-trial investigation is not about ‘waiting to be summoned’. It is active work: motions that the investigator is obliged to consider; evidence that he is obliged to admit; and violations that must be documented right now, because later they will no longer exist.
A passive stance is the most common mistake. People remain silent and wait for the trial, whilst the investigation quietly shapes the case as it sees fit.
+38 095 554-54-24 — legal advice
What the defence does at this stage
Motions. The investigator is obliged to consider motions from the defence regarding the examination of witnesses, the appointment of expert examinations, the production of documents, and the conduct of investigative experiments. Any refusal must be justified — and it is subject to appeal.
Own evidence. The defence has the right to gather evidence independently: solicitor’s enquiries, expert and specialist reports, documents, and witness statements. This is not ‘assisting the investigation’ — it is building their own evidence base.
Expert examination. This often decides the case. The defence may request an expert examination, put questions to the expert, challenge the findings and demand a re-examination.
Documenting violations. Denial of a lawyer’s access, pressure, violations during a search or interrogation — all of this is documented in writing, in motions and complaints. This then forms the basis for having evidence ruled inadmissible.
Working on the classification of offences. Very often, actions are classified under a more serious offence than is warranted — in order to secure a more severe preventive measure. Reclassification at this stage is a realistic possibility.
Appeals. Inaction on the part of the investigator, the rejection of motions, the seizure of property, and the imposition of a preventive measure — all of these can be appealed to the investigating judge without waiting for the trial.
Strategy: to speak or to remain silent
This is the key decision, and it is made together with your solicitor, not on your own in the investigator’s office.
The right to remain silent applies at any stage, and refusing to give evidence is not evidence of guilt.
When it is right to remain silent: you do not know what evidence the investigation has; your position has not yet been established; there is a risk that your words will be used against you. This applies to most cases at the outset.
When it is advisable to give evidence: you have an alibi that is easy to verify; there are documents that refute the allegations; you need to put your version of events on record before the investigation establishes theirs.
A dangerous trap is being questioned as a witness when you are, in fact, already a suspect. A witness is obliged to give evidence and is liable for refusing to do so. A suspect is not.
What can only be done right now
These opportunities disappear once the investigation is complete:
- documenting violations during a search, arrest or questioning;
- preserve evidence that disappears over time: CCTV footage (which is overwritten after 3–7 days), witness statements where details are forgotten;
- prevent the removal of defence evidence — request documents whilst they still exist;
- influence the classification of the offence;
- change the pre-trial measure;
- recover seized property.
Dismissal of proceedings
The aim of the defence is not always an acquittal. Often, a more realistic and quicker objective is the closure of proceedings at the pre-trial stage.
Grounds: absence of a criminal offence, absence of the elements of a crime, failure to prove the person’s involvement. A motion for closure is submitted to the investigating officer or prosecutor, and a refusal may be appealed.
This is particularly relevant in ‘commercial’ cases, where attempts are made to shift a civil dispute into the criminal sphere.
When a lawyer is not needed
In criminal proceedings — never. Even if you are certain of your innocence. Especially if you are certain: most cases are built on statements made without a lawyer by people who ‘were simply recounting what happened’.
How we work
- We analyse your status — witness, suspect, accused; what the investigation has.
- We develop a strategy regarding testimony.
- We file motions — for expert examinations, cross-examinations, documents.
- We gather evidence for the defence — solicitor’s requests, expert reports.
- We challenge — actions, inaction, pre-trial measures, seizure of property, suspicion.
- We seek the closure of proceedings or reclassification of charges, and if the case goes to court — we go in well-prepared.
Cost of services
| Service | Price |
|---|---|
| Consultation | from 1,500 UAH |
| Legal opinion: case analysis and defence strategy | from 5,000 UAH |
| Drafting of applications, appeals and procedural documents | from 5,000 UAH |
| Lawyer’s participation in investigative procedures (interrogation, search, identification) | from 15,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Legal representation in court | from 10,000 UAH |
| Comprehensive ‘turnkey’ representation in criminal cases | from 60,000 UAH |
Full price list · Criminal law
Questions and answers (Defence during the pre-trial investigation)
Is there anything that can be done before the trial?
This is where the crucial work takes place: motions, expert reports, gathering evidence for the defence, documenting violations, and working on the legal classification of the offence. In court, all of this has to be refuted, which is considerably more difficult.
Is the investigating officer obliged to consider my motions?
Yes. Any refusal must be justified and can be appealed to the investigating judge. The investigation acts on requests made in writing.
Can the defence gather evidence independently?
Yes. A lawyer has the right to make enquiries, obtain expert opinions, and collect documents. This forms the defence’s own evidence base.
Should I give evidence or remain silent?
This decision is made together with your lawyer. The right to remain silent always applies, and refusing to do so is not evidence of guilt. At the outset, when it is not known what evidence the investigation has, remaining silent is usually safer.
I’ve been summoned as a witness. Is that safe?
Not always. Often, someone who is in fact already a suspect is questioned as a witness. A witness is obliged to give evidence, whereas a suspect is not. A lawyer will recognise this tactic straight away.
Can the case be closed before it goes to court?
Yes — if there is no incident or no elements of a criminal offence, or if the person’s involvement cannot be proven. A motion is submitted to the investigator or prosecutor; a refusal can be appealed.
What should I do if the charge is clearly too severe?
Seek reclassification at the pre-trial stage. The charge determines the preventive measure, the time limits and the subsequent punishment.
Can the investigator’s inaction be challenged?
Yes, before an investigating judge. This works: once the court has issued a ruling, the case usually begins to move forward.
What documents should I bring to the consultation?
Everything you have been given: summonses, records of investigative actions, notices of suspicion, court rulings, your statements and the responses to them.
Contacting a lawyer at ‘Svarog’ for defence during the pre-trial investigation
Don’t wait for the court hearing — by then it will be too late. Send us the documents you have, and we’ll tell you what your current status is, what the investigation is doing at the moment, and what steps you need to take right now, whilst the evidence is still available.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00