{"id":2489,"date":"2026-05-29T03:22:09","date_gmt":"2026-05-29T00:22:09","guid":{"rendered":"https:\/\/svaroglaw.com\/kryminalne-pravo\/oskarzhennya-povidomlennya-pro-pidozru\/"},"modified":"2026-09-14T19:08:54","modified_gmt":"2026-09-14T16:08:54","slug":"oskarzhennya-povidomlennya-pro-pidozru","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/oskarzhennya-povidomlennya-pro-pidozru\/","title":{"rendered":"Appealing against a notice of suspicion"},"content":{"rendered":"

A notice of suspicion is the moment you stop being \u201ca person under check\u201d and become a party to criminal proceedings, with everything that follows: a preventive measure, seizure of property, a travel ban, notification to your employer.<\/p>\n

1 or 2 months<\/b>A notice of suspicion can be challenged, but not immediately<\/strong>. The complaint goes to the investigating judge after one month has passed from a notice of suspicion of a criminal misdemeanour, or two months from a notice of suspicion of a crime \u2014 and no later than the moment the prosecutor closes the case or sends an indictment to court (Art. 303(1)(10) of the Criminal Procedure Code).<\/span><\/div>\n

That first month is not a pause: it is when the position is built, the evidence gathered and the breaches recorded on which the complaint will rest.<\/p>\n

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

When a suspicion is unfounded<\/h2>\n

The investigating judge examines not guilt but whether the suspicion is well founded<\/strong>. The complaint succeeds where:<\/p>\n

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There is not enough evidence<\/h3>

A suspicion must rest on a body of evidence giving grounds to believe the person committed the offence. Assumptions, intelligence and \u201cstatements from an anonymous source\u201d do not provide that.<\/p><\/div><\/article>

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There is no offence<\/h3>

The conduct alleged is not a criminal offence: the classic situation is an unperformed contract that someone is trying to turn into a crime.<\/p><\/div><\/article>

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The charge is misclassified<\/h3>

The conduct is charged under a more serious article than the facts support, in order to obtain a stricter preventive measure or a longer investigation period.<\/p><\/div><\/article>

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The service procedure was breached<\/h3>

The notice was drawn up or served by someone without authority, in breach of procedure, or without rights being explained (Arts. 276\u2013278).<\/p><\/div><\/article>

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There is no special subject<\/h3>

The article applies to an official, and the suspect is not one.<\/p><\/div><\/article>

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Essential elements are not established<\/h3>

Intent, purpose and the amount of loss are named in the notice but supported by nothing.<\/p><\/div><\/article><\/div>\n

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

When the window opens and when it closes<\/h2>\n

Time runs from the day the notice was served and depends on what is alleged:<\/p>\n

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The window for a complaint<\/h3>\n\t\t\t<\/div>\n\t\t\t\n\t\t\t