Legal protection upon arrest

Detention without an investigating judge’s warrant may last no more than 72 hours from the time of the actual detention (Article 211 of the Code of Criminal Procedure). During this time, the person must either be brought before a court for the imposition of a preventive measure or be released.

These 72 hours determine the outcome of the case. It is during this time that a person is questioned, ‘confessions’ are extracted, and investigative actions are carried out — often before they even realise what is happening. Everything said and signed during this period then forms the basis of the charges.

A lawyer is needed immediately upon detention, not ‘once we’ve sorted things out’. This is not a sign of guilt — it is the exercise of a right guaranteed by the Constitution.

+38 095 554-54-24 — legal advice

Your rights from the very first moment

• to know what you are suspected of — the grounds for your arrest must be communicated immediately;
• to remain silent — no one is obliged to testify against themselves or their loved ones (Article 63 of the Constitution). Refusal to give evidence is not evidence of guilt and cannot be used against you;
• to a defence lawyer from the moment of arrest — and to meet with them in private, before the first interrogation;
• to inform relatives of the arrest;
• to medical assistance and a medical examination;
• to an interpreter, if you do not speak the language;
• to challenge the detention — its lawfulness is reviewed by an investigating judge.

A detained person must be provided with a written notice of their rights. If this has not been done, it constitutes a breach, which is recorded and used in subsequent proceedings.

What to do if you are detained

1. Do not offer physical resistance. This constitutes a separate criminal offence, which will only make the situation worse.
2. State your name and say nothing else. You have the right to remain silent until your lawyer arrives.
3. Request a lawyer both verbally and in writing. Ensure this request is recorded in every document you are given.
4. Do not sign anything without a lawyer — not even ‘formal’ reports, even if they tell you ‘sign this and you can go home’.
5. Record the time of your actual detention. The 72-hour period is counted from this time, not from the moment the report is drawn up.
6. Memorise surnames, job titles and ID numbers.
7. Make a phone call — this is a right, not a privilege.

What a lawyer does in the first few hours

• travels to the location — to the police station, the investigator, or the court;
• arranges a private meeting before the first interrogation;
• familiarises themselves with the grounds for detention and records any breaches;
• formulates a strategy — whether to give evidence at all, and if so, what;
• checks the legality of the detention: whether there were grounds under Article 208 of the Code of Criminal Procedure, whether the time limit was observed, and whether a notice of rights was served;
• prepares for the hearing on the preventive measure — this is the most crucial battle of the first few days.

Pre-trial measure: the main battle of the first 72 hours

Following detention, the prosecutor applies for a pre-trial measure. The court chooses from among:

• personal undertaking — the least restrictive;
• personal surety;
• bail — the amount is determined by the court;
• house arrest — round-the-clock or overnight;
• remand in custody — the most severe, applied as an exceptional measure if no other measure will ensure proper conduct.

The prosecutor must prove the risks: that the person will abscond, destroy evidence, influence witnesses or continue criminal activity. Not merely ‘assume’, but prove with specific circumstances.

This is precisely where the lawyer is most useful: refuting these risks, gathering character references and documents regarding family, employment, health and place of residence, and justifying bail instead of detention.

Typical violations during arrest

Each of these is grounds for having the evidence ruled inadmissible:

• failure to state the grounds for the arrest;
• failure to provide a written notice of rights;
• failure to provide a lawyer or conducting the interrogation before the lawyer’s arrival;
• the 72-hour time limit was exceeded;
• the time of actual detention was recorded in the report as later than it actually was — a classic tactic used to ‘stretch’ the time limit;
• force was used without legal grounds;
• interrogation as a witness, when in fact the person is already a suspect — in order to deprive them of their rights as a suspect.

When a lawyer is not needed

There is no such case. If you have been detained, you need a lawyer, regardless of whether you are guilty or not, and regardless of how ‘minor’ the situation may seem.

This is the only category where we will not say ‘try it yourself’.

How we work

1. We attend immediately — at the police station, with the investigator, or in court.
2. We arrange a confidential meeting before the first interrogation.
3. We document any breaches — and report them in writing straight away.
4. We formulate a strategy regarding testimony.
5. We prepare the defence regarding the preventive measure — character references, documents, bail.
6. We challenge unlawful detention and the decision to remand in custody.

Cost of services

Full price list · Defence during searches and questioning

Questions and answers (Defence during detention)

How long can someone be held without a court order?

No more than 72 hours from the moment of actual detention. After that, the person must be brought before an investigating judge to determine a preventive measure or be released.

Can I refuse to give evidence?

Yes. No one is obliged to testify against themselves or their relatives. Refusing to give evidence is not proof of guilt and cannot be used against you.

Do I need a solicitor if I am not guilty?

Yes — especially if you are not guilty. Most cases are built on statements made in the first few hours without a lawyer, when a person was ‘simply recounting what happened’.

What should I do if they say ‘sign this and you can go home’?

Do not sign. This is the most common tactic used to obtain the documents the investigation needs. No statement guarantees your release.

When does the 72-hour period start?

From the moment of actual detention — that is, when you were deprived of your freedom of movement, not from the moment the statement was drawn up. This is a fundamental difference, and the time must be recorded.

What is a preventive measure and is it possible to avoid pre-trial detention?

These are restrictions imposed for the duration of the investigation: a personal undertaking, a surety, bail, house arrest or remand in custody. The latter is an exceptional measure, and the prosecutor must demonstrate the risks based on specific circumstances. It is very often possible to secure bail or house arrest.

Can detention be challenged?

Yes. The investigating judge reviews the lawfulness of the detention. Violations (exceeding the time limit, lack of grounds, denial of access to a lawyer) may lead to the evidence being declared inadmissible.

Should my relatives be notified?

Yes, a detained person has the right to have their relatives notified of their detention and whereabouts.

What should I bring to the consultation?

All the documents you have been given: the detention report, the notice of rights, the notice of suspicion, and court orders.

Contacting a lawyer upon detention at ‘Svarog’

Call us straight away — not ‘once we’ve sorted things out’ and not ‘tomorrow morning’. Those very 72 hours will determine how the whole case unfolds. We’ll come to the police station and arrange to meet you before your first interrogation.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00