{"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":"2026-09-14T22:36:41","modified_gmt":"2026-09-14T19:36:41","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 a judge, the prosecution has already gathered its evidence, recorded the statements and settled the classification. At trial all of that has to be rebutted<\/strong>, and rebutting finished evidence is far harder than preventing it from being created.<\/p>\n

Defence during the pre-trial investigation means working with applications the investigator is obliged to consider, with evidence they are obliged to add to the file, and with breaches that must be recorded while they still can be: camera recordings get overwritten, witnesses forget the details. A passive stance remains the commonest mistake: the person stays silent and waits for the trial while the investigation shapes the case as it pleases.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

What an active defence achieves before trial<\/h2>\n
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Applications<\/h3>

The investigator must<\/strong> consider a defence application to question witnesses, order an expert report, obtain documents or hold a reconstruction, and must do so within three days (Art. 220 CPC). A refusal must give reasons, and it is challenged before the investigating judge.<\/p><\/div><\/article>

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Evidence of our own<\/h3>

The defence has the right to gather evidence itself<\/strong> (Art. 93(3) CPC): lawyer\u2019s requests, reports by experts and specialists, documents, witness statements. This builds a body of evidence of our own, parallel to the investigation\u2019s.<\/p><\/div><\/article>

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Expert reports<\/h3>

Often they decide the case. The defence initiates the examination, puts its own questions to the expert, challenges the report and asks for a repeat where the work was incomplete.<\/p><\/div><\/article>

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Recording breaches<\/h3>

Keeping the lawyer out, pressure, breaches during a search or questioning are recorded in writing: in objections noted on the record, in applications and in complaints. That is the basis for excluding evidence later.<\/p><\/div><\/article>

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Working on the classification<\/h3>

Conduct is often charged under a graver article than the facts warrant, in order to obtain a stricter preventive measure<\/a>. Reclassification at this stage is entirely realistic, and it decides whether it will be custody or bail.<\/p><\/div><\/article><\/div>\n

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

What is challenged at this stage, and where<\/h2>\n

The route depends on who made the decision:<\/p>\n