Lawyer in Pre-Trial Investigation

The pre-trial investigation is a critical stage of the criminal process where facts are established that may influence the further development of the case. At this stage, it is particularly important to use the services of a qualified lawyer who will ensure the proper protection of the client’s rights and interests. The specialist assists not only in preparation for interrogations and searches but also in forming a defense strategy even before the court hearing. Effective defense at this stage can significantly affect the outcome of the case, including the possibility of avoiding a guilty verdict or significantly mitigating the sanctions.

The Importance of Pre-Trial Investigation and the Lawyer’s Role at This Stage

The pre-trial investigation is a fundamental stage of the criminal process because this is when evidence is collected, facts are established, and the circumstances of the case are determined. The importance of this stage lies in the fact that it forms the foundation for the subsequent court hearing. Proper conduct of the pre-trial investigation can significantly affect the outcome of the case, as any mistakes or violations can lead to an unjust guilty verdict or, conversely, an underestimation of evidence in favor of the defense.

The role of a lawyer in the pre-trial investigation is extremely important, as they:

• Represent the interests of the suspect or accused, ensuring their rights during interrogations, searches, and other procedural actions;
• Actively participate in the collection and analysis of evidence that can be used for defense;
• Interact with law enforcement agencies, monitoring the legality of their actions and ensuring that the client’s rights are not violated;
• Carefully prepare for the court hearing, forming a clear understanding of the case and well-prepared arguments for the court.

What is a Pre-Trial Investigation

This is the initial stage of the criminal process, which precedes the court hearing of the case. At this stage, law enforcement agencies conduct a range of measures to collect and verify evidence, determine the circumstances of the crime, and identify the individuals involved in committing the offense.

Legal Basis and Norms Governing Pre-Trial Investigation

The Criminal Procedure Code of Ukraine (CPC) is the main legislative act that defines the procedure for conducting pre-trial investigations, the rights and obligations of the participants in the process, as well as procedural norms. It contains provisions on:

• Rules for conducting investigative actions (Articles 103-137 of the CPC).
• Rights and obligations of investigators and prosecutors.
• Rights of suspects and accused persons.
• Procedures for detention, searches, seizures, and other investigative actions.

Other documents regulating pre-trial investigations in Ukraine include:

• The Law of Ukraine “On Operational and Investigative Activities”. It regulates the activities of bodies conducting operational and investigative measures to detect and prevent crimes.
• The Law of Ukraine “On the Prosecutor’s Office”. It defines the role of prosecutors in the pre-trial investigation, their powers, duties, and control over the legality of the process.
• The Law of Ukraine “On the National Police”. It establishes the powers of the National Police of Ukraine in the field of pre-trial investigation, in particular regarding the organization of work of investigative units.
• The Law of Ukraine “On the State Bureau of Investigation”. It regulates the activities of the State Bureau of Investigation, which investigates certain categories of criminal cases, including crimes committed by law enforcement officers.

Grounds for Initiating a Pre-Trial Investigation

Law enforcement agencies can initiate the investigation of criminal cases on the following grounds:

• Reports or statements about a crime;
• The discovery of signs of a crime directly by law enforcement agencies.

The Role of a Lawyer in the Pre-Trial Investigation Stage

Consultation and Preparation

The specialist provides the client with detailed consultations regarding their rights and obligations at the pre-trial investigation stage. This includes information about the right to remain silent, the right to defense, access to case materials, and the procedure for interacting with law enforcement agencies. Adequate knowledge of their rights helps the client avoid mistakes and unlawful actions that could negatively affect the outcome of the case.

The specialist also prepares the client for interrogation, reviewing potential questions that may be asked during investigative actions. They explain how to answer questions correctly to avoid self-incrimination. Additionally, the lawyer can provide recommendations on preparing documents, gathering evidence, or preparing testimony, which will help achieve the best result at the pre-trial investigation stage.

Representation of the Client’s Interests

The lawyer ensures the representation of the client’s interests at all stages of the pre-trial investigation, participating in investigative actions (interrogations, searches, and other important procedures). The specialist guarantees that the client’s rights are respected and that their interests are protected at every stage of the process.

The specialist also actively participates in protecting the client’s rights during detention, searches, seizure of property, and other investigative actions. They monitor to ensure that all procedures are conducted in accordance with the law, ensure that the client’s rights are not violated, and verify the legality and validity of the actions of law enforcement agencies.

Collection and Analysis of Evidence

To build a defense strategy, the specialist collects and carefully analyzes evidence to ensure the client’s effective defense. This includes examining all case materials, verifying existing evidence, and gathering new testimony that may influence the outcome of the case. The main goal is to build a well-founded defense strategy that will help protect the client’s interests at all stages of the pre-trial investigation.

The lawyer submits requests to obtain necessary documents and evidence, and initiates the conduct of examinations if needed to confirm or refute certain facts. They may also initiate other investigative actions such as witness interviews, document checks, or inspections of locations relevant to the case. This ensures a comprehensive approach to evidence collection and verification, which is important for the client’s effective defense.

Procedural Rights and Obligations of the Lawyer

The Right to Participate in Investigative Actions

The specialist has the right to be present during all investigative actions conducted as part of the pre-trial investigation. These may include interrogations, searches, document seizures, and other procedural actions. The lawyer’s presence at these stages ensures the protection of the client’s rights and legal interests, as well as oversight of the legality of the investigative actions.

The lawyer has the right to review case materials, which allows them to identify all aspects that may affect the client’s defense. They can also file motions, complaints, and other procedural documents to ensure the protection of the client’s rights and identify any violations of procedural norms. This is important to effectively represent the client’s interests and ensure the protection of their rights at all stages of the investigation.

Obligations of the Lawyer in Pre-Trial Investigation

The main obligations include:

• Compliance with professional ethics and the law.
• Providing the client with complete and objective information about the course of the investigation and the prospects of the case.

The Importance of Professional Support at the Pre-Trial Investigation Stage

Professional support from a lawyer at the pre-trial investigation stage is aimed at:

• Ensuring the protection of the client’s rights;
• Preventing potential violations by law enforcement agencies;
• Thorough preparation for the subsequent court hearing of the case;
• Forming an effective defense strategy based on collected evidence and analysis of case materials.

The lawyers of Dextra Law provide professional support to clients at all stages of case consideration, from pre-trial investigation to appellate and cassation instances. Each case is reviewed with consideration of the specifics and needs of the client. Our specialists have extensive experience in successfully handling complex cases in various areas of law, including criminal, civil, and commercial matters.

Contact us now and receive professional legal assistance and protection of your rights in any situation.