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A notice of suspicion is one of the most stressful moments in criminal proceedings. From this point a person officially becomes a suspect, and every word, every signature and every action can affect the entire defense that follows. The good news is that it is exactly at this stage that competent actions have the greatest effect: many risks are removed before trial if the defense works ahead of the game.
In this article we explain in plain language and in detail what a suspicion is, what rights you gain, what to do in the first hours, which mistakes cost the most, how the question of a pretrial restraint is decided and exactly how a lawyer helps.
This material is for information only and does not replace a consultation. Every case is unique, so for your specific situation you should consult a lawyer.
A notice of suspicion is a written document by which an investigator, an inquiry officer or a prosecutor officially informs a person that they are suspected of committing a criminal offense. The procedure is governed by the Criminal Procedure Code of Ukraine.
The key thing to understand at once: it is from the moment the suspicion is served that a person acquires the procedural status of a suspect. Together with this status the person gains a range of procedural rights, the prosecution gains the ability to apply to the court for a pretrial restraint, and the proceedings officially move forward specifically against this person.
At the same time, a suspicion is not a verdict and not a finding of guilt. Guilt can be established only by a court through a conviction that has entered into legal force. So a suspicion is not a reason to despair, it is a reason to act competently and fast.
The law sets requirements for the content of a notice of suspicion. When the document is in your hands, check it against the following points:
If the suspicion is worded abstractly, without specific circumstances or with an overstated classification, this is a weak point of the prosecution that the defense seizes on.
As soon as you become a suspect, you gain rights that are worth using immediately (Article 42 of the CPC):
The right to a lawyer and the right to remain silent are not an attempt to hide something. They are lawful defense tools used by everyone who understands the consequences.
Immediately after the suspicion is served, the key issue becomes the pretrial restraint (Article 176 of the CPC). The law provides for several types, from the mildest to the most severe: a personal undertaking, a personal surety, bail, house arrest and detention in custody.
The application of most restraints is decided by the court on the motion of the prosecution. It is here that the most important thing for a person is decided, whether they stay free or not. A lawyer’s careful preparation often makes it possible to avoid detention in custody.
Depending on the circumstances, the defense may raise the issue of the suspicion being unfounded, its non-compliance with the requirements of the law, an incorrect or overstated classification, or a breach of the procedure for serving it. A lawyer can assess the prospects and choose the right tool after reviewing the documents.
The defense lawyer’s involvement from the first hours is a way not to lose important opportunities. A lawyer’s work covers analysis of the suspicion and its classification, control over procedural actions, preparation of a position on the pretrial restraint, building the defense strategy, working with evidence and, where there are grounds, appealing the actions of the investigation.
Does a suspicion mean I have been found guilty?
No. A suspicion is a procedural decision of the investigation, not a finding of guilt. Guilt can be established only by a court through a conviction that has entered into legal force.
Can I refuse to give testimony?
Yes. You have the right not to testify against yourself and your close relatives and the right to remain silent. This is a lawful position, not an admission of guilt.
What should I do if I do not have a lawyer yet?
Use the right to remain silent and engage a defense lawyer as soon as possible. Until they arrive, do not give explanations on the merits and do not sign documents you do not understand.
Can I be taken into custody after a suspicion?
The issue of a pretrial restraint is decided separately, mostly by the court. That is why it is important for a lawyer to get involved as early as possible.
Can a suspicion be challenged?
Depending on the circumstances, yes. A lawyer assesses the grounds and the best tool after studying the case materials.
How much time do I have to find a lawyer?
Act without delay. The sooner a defense lawyer is on the case, the more opportunities there are to influence how it develops.
If you or your loved ones have been served a notice of suspicion, do not face the situation alone. LEXON lawyers work in criminal proceedings and help build a defense from the first hours, including on the question of the pretrial restraint. We are available around the clock. Leave a request or call us, and we will promptly get involved in your case.
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