{"id":2403,"date":"2026-05-27T06:37:47","date_gmt":"2026-05-27T03:37:47","guid":{"rendered":"https:\/\/svaroglaw.com\/zahyst-na-stadiyi-dosudovogo-rozsliduvannya\/"},"modified":"2026-07-15T13:58:49","modified_gmt":"2026-07-15T10:58:49","slug":"zahyst-na-stadiyi-dosudovogo-rozsliduvannya","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/zahyst-na-stadiyi-dosudovogo-rozsliduvannya\/","title":{"rendered":"Defence during the pre-trial investigation stage"},"content":{"rendered":"

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<\/strong> \u2014 and this is fundamentally more difficult than preventing such evidence from emerging in the first place.<\/p>\n

Defence during the pre-trial investigation is not about \u2018waiting to be summoned\u2019. 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.<\/p>\n

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.<\/p>\n

+38 095 554-54-24<\/a> \u2014 legal advice<\/strong><\/p>\n

What the defence does at this stage<\/h2>\n

Motions.<\/strong> The investigator is obliged<\/strong> 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 \u2014 and it is subject to appeal.<\/p>\n

Own evidence.<\/strong> The defence has the right to gather evidence independently<\/strong>: solicitor\u2019s enquiries, expert and specialist reports, documents, and witness statements. This is not \u2018assisting the investigation\u2019 \u2014 it is building their own evidence base.<\/p>\n

Expert examination.<\/strong> 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.<\/p>\n

Documenting violations.<\/strong> Denial of a lawyer\u2019s access, pressure, violations during a search or interrogation \u2014 all of this is documented in writing, in motions and complaints. This then forms the basis for having evidence ruled inadmissible.<\/p>\n

Working on the classification of offences.<\/strong> Very often, actions are classified under a more serious offence than is warranted \u2014 in order to secure a more severe preventive measure. Reclassification at this stage is a realistic possibility.<\/p>\n

Appeals.<\/strong> Inaction on the part of the investigator, the rejection of motions, the seizure of property, and the imposition of a preventive measure \u2014 all of these can be appealed to the investigating judge without waiting for the trial.<\/p>\n

\"Defence<\/a><\/p>\n

Strategy: to speak or to remain silent<\/h2>\n

This is the key decision, and it is made together with your solicitor<\/strong>, not on your own in the investigator\u2019s office.<\/p>\n

The right to remain silent<\/strong> applies at any stage, and refusing to give evidence is not evidence of guilt<\/strong>.<\/p>\n

When it is right to remain silent:<\/strong> 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.<\/p>\n

When it is advisable to give evidence:<\/strong> 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.<\/p>\n

A dangerous trap is being questioned as a witness<\/strong> 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.<\/p>\n

What can only be done right now<\/h2>\n

These opportunities disappear once the investigation is complete:<\/p>\n