Defence during the trial stage of criminal proceedings

The court does not ‘decide the case on its own’. It assesses the evidence submitted by the parties and reaches a decision within the scope of the arguments put forward. A passive defence in court is, in effect, an admission of guilt.

The defence in a criminal trial is built around three strands: excluding inadmissible evidence, undermining the prosecution’s case and, if guilt is proven, securing the minimum sentence.

Each of these areas requires preparation. The prosecution enters the courtroom backed by years of investigative work — the defence must be at least as well prepared.

+38 095 554-54-24 — legal advice

Inadmissible evidence: the defence’s main weapon

Evidence obtained in breach of the law cannot form the basis of a verdict. And this is no mere formality — entire cases can fall apart over this.

Typical grounds for declaring evidence inadmissible:

• a search carried out without a warrant from an investigating judge or exceeding the scope of the warrant;
• interrogation without a lawyer when their presence was mandatory, or where the defence lawyer was barred from attending;
• failure to explain the right not to incriminate oneself;
• irregularities during the conduct of an expert examination — incomplete source data, incompetence of the expert, or breaches of methodology;
• evidence obtained as a result of other inadmissible evidence — the so-called ‘fruit of the poisonous tree’;
• irregularities during identification — where the victim was effectively ‘prompted’ as to the identity of the person;
• coercion and torture — anything obtained in this way is unconditionally inadmissible.

A motion to have evidence declared inadmissible is filed in court — and the more thoroughly the violations are documented at the pre-trial stage, the stronger the case appears.

Dealing with the prosecution’s evidence

Witness testimony. Cross-examination is not about ‘catching someone out in a lie’, but about showing the court any contradictions, the impossibility of seeing what the witness is describing, any bias, or the influence of the investigation.

Expert reports. Challenging the conclusion, calling in an expert, applying for a re-examination. It is often at this stage that the case is decided.

Physical evidence. The chain of custody: when it was seized, by whom, how it was stored, and whether its integrity has been compromised.

Testimony given ‘under pressure’. If a person gave evidence without a solicitor and subsequently retracted it, this is a separate matter.

Charge classification and sentencing

Even when the factual circumstances are not disputed, there remain two areas of work.

Reclassification — to a less serious offence or a lesser part of the offence. The difference between the parts of a single offence is often the difference between a custodial sentence and a suspended sentence.

Mitigating circumstances (Article 66 of the Criminal Code): sincere remorse, active cooperation in the investigation, voluntary compensation for damage, first-time offence, having dependants, state of health, positive character references.

Imposition of a more lenient sentence than that provided for by law (Article 69 of the Criminal Code) — possible where several mitigating circumstances are present.

Suspended sentence (Article 75 of the Criminal Code) — a suspended sentence.

These measures are only effective if supported by documentary evidence: character references, certificates, proof of compensation, and documents relating to family and health.

A plea agreement

Sometimes a sensible choice, sometimes a trap.

What it offers: predictability, an agreed sentence, and a swift conclusion to the case.

What are the risks: you admit guilt, and it is almost impossible to appeal against a sentence reached under a plea bargain. If the prosecution’s evidence is weak, a plea bargain is a gift to the prosecutor.

We only proceed with a plea bargain after a thorough assessment: is the prosecution’s case really strong, and is there a chance of acquittal or reclassification of the charge without it?

Appeal and cassation

An appeal must be lodged within 30 days of the verdict being handed down. A missed deadline can only be extended for valid reasons.

The main restriction: an appeal does not accept new evidence without a valid reason for why it was not submitted earlier. Therefore, ‘we’ll add it at the appeal’ is a strategy that does not work. Everything that can be submitted must be submitted at first instance.

Cassation only reviews the correct application of the law — it does not reassess the facts of the case.

When a lawyer is not needed

In criminal court — never. Representing yourself in a case where the other side is a professional prosecutor ends predictably.

How we work

1. We analyse the case files — looking for irregularities that render evidence inadmissible.
2. We prepare applications for the exclusion of evidence and for the appointment of expert examinations.
3. We prepare for the cross-examination of prosecution witnesses.
4. We gather documents to mitigate the charges — character references, certificates, and evidence of restitution.
5. We assess the plea bargain honestly — and advise against accepting it if the case against you is weak.
6. We challenge the verdict on appeal and in cassation.

Cost of services

Full price list · Conditional early release

Questions and answers (Legal defence in criminal proceedings)

What is inadmissible evidence?

Evidence obtained in breach of the law: a search without a warrant, questioning without a solicitor, or irregularities during forensic examination. Such evidence cannot form the basis of a verdict — and entire cases can collapse as a result.

Can the findings of an expert examination be challenged?

Yes — by applying for a repeat or supplementary expert examination, by calling in a specialist, or by challenging the source data and methodology. In many cases, the expert examination is decisive.

How long do you have to lodge an appeal?

30 days from the date the verdict is handed down. A missed deadline may only be extended if there are valid reasons.

Can new evidence be submitted on appeal?

As a general rule, no — you must prove that you were unable to submit it earlier for valid reasons. Therefore, all important evidence should be submitted at first instance.

Is it worth entering into a plea agreement?

Only after a fair assessment of the strength of the prosecution’s case. A plea agreement offers predictability, but you are admitting guilt, and it is almost impossible to appeal against such a sentence. If the evidence is weak, the plea bargain benefits the prosecutor, not you.

What is reclassification?

Changing the section or subsection to a less serious one. The difference between subsections of the same section often equates to the difference between a custodial and a suspended sentence.

Is it possible to receive a sentence below the minimum?

Yes, under Article 69 of the Criminal Code — where there are several mitigating circumstances, the court may impose a sentence that is more lenient than that provided for by law.

Is it possible to receive a suspended sentence?

Yes, this is a suspension of the sentence with a probationary period (Article 75 of the Criminal Code). However, this requires the relevant documents to be prepared: character references, evidence of restitution, and family documents.

What documents should I bring to the consultation?

The indictment, case files (if accessible), records of investigative proceedings, expert reports, and the judgement — if it has already been handed down.

Contacting a lawyer at ‘Svarog’ for legal defence in court

Send us the indictment — we will identify any procedural irregularities that render the evidence inadmissible and advise you on what we can realistically aim for: acquittal, reclassification of the offence or the minimum sentence. An honest assessment at the outset is worth more than empty promises.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00