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Author: Vitalii Petryk, attorney
Key points
Receiving a notice of suspicion is a stressful moment when the price of every step rises sharply. This is exactly where people, under the pressure of emotions, make mistakes that are hard to fix later. In this article we explain what a suspicion is, when and how it is served, what your rights are and what to do in the first hours as of 2026. If the suspicion was preceded by a search, our material on what to do during a search will also be useful.
A notice of suspicion is an official written document by which an investigator or prosecutor informs a person that there is sufficient evidence to consider them involved in a criminal offense. From the moment the suspicion is served, the person acquires the status of a suspect and, together with it, the full set of procedural defense rights.
It is important to understand: a suspicion is not yet a verdict and not even an indictment. It is an intermediate stage at which the defense can and must act actively. It is often the competent work at the suspicion stage that determines whether the case reaches court and to what extent. So there is no reason to perceive the service of a suspicion as a final defeat, instead it is a signal to start building a defense immediately.
Article 276 of the CPC clearly defines three cases when a person is notified of a suspicion. The first is apprehension of a person at the scene of a crime or immediately after it. The second is the application of one of the pretrial restraints to the person. The third is the existence of sufficient evidence to suspect a person of committing a criminal offense.
It is the third case that is the most common and the most evaluative, since the investigation itself decides whether the evidence gathered is sufficient. That is why a suspicion is often served unexpectedly, for example after several summonses for questioning as a witness. If you are invited for a talk or questioning, that is already a reason to consult a lawyer in advance, because the status of a witness can quickly change to the status of a suspect.
The content of a written notice of suspicion is defined by Article 277 of the CPC. The document must contain data about the person, the specific wording of the suspicion, the legal classification under an article of the Criminal Code, and a brief statement of the factual circumstances, that is, what exactly, when and where, in the opinion of the investigation, the person did. The absence of a clear wording or of factual grounds is a strong argument for the defense.
The procedure for service is governed by Article 278 of the CPC. A suspicion is served in person, and if that is impossible, in the manner provided for by the CPC for serving notices. After service, the investigator or prosecutor is obliged to promptly inform the suspect of their rights and, on request, to explain each of them in detail. Improper service of a suspicion, for example only by post without following the procedure, often becomes grounds for a challenge.
From the moment the suspicion is served, you have a broad set of rights under Article 42 of the CPC, and knowing them is critically important. In particular, you have the right to know what you are suspected of and to receive a copy of the notice of suspicion; to have a defense lawyer and a meeting with them before the first questioning; to say nothing and not answer questions, that is, to remain silent; to give testimony voluntarily; to gather and submit evidence; to file motions and challenges; to appeal decisions, actions and omissions of the investigator and prosecutor.
The right to remain silent and the right to a defense lawyer are two key tools. They should be used at once, without trying to explain something or justify yourself on your own. Practice shows that ill-considered explanations at the start cause the defense the greatest harm.
When the suspicion has already been served, act calmly and consistently:
These steps give the defense room to maneuver and do not let the investigation lock in a position that is unfavorable to you in the very first hours.
The most common and most costly mistake is to give explanations without a lawyer, hoping to settle everything quickly. The second is underestimating the situation, when a person is summoned supposedly as a witness and comes without a lawyer and effectively gives testimony against themselves. The third is trying to reach an informal arrangement or to influence the investigation, which only worsens the position and may form a new crime.
Another mistake is to ignore procedural deadlines and fail to challenge unlawful actions in time. Many defense opportunities are lost precisely through delay. So the right strategy is not silent waiting but active, yet legally sound, defense from day one.
After a suspicion is served, the investigation often applies to the court with a motion for a pretrial restraint. It may be a personal undertaking, a personal surety, bail, house arrest or detention in custody, depending on the gravity of the suspicion and the risks. It is at this stage that the lawyer’s role is especially great, since they prove the groundlessness of severe measures and secure a milder option.
Detention in custody is the most severe measure, and the law requires justification of why a milder one cannot be applied. A well-built defense position, gathered references, evidence of strong social ties and readiness to cooperate within the law often make it possible to avoid arrest. So you must not delay engaging a lawyer before the motion is considered.
Use the right to remain silent and call a lawyer. Do not give explanations, do not sign documents you do not understand and do not try to justify yourself on your own. The sooner a defense lawyer takes the case under control, the more opportunities are preserved for the defense.
Yes. You have the right not to testify against yourself and close relatives on the basis of Article 63 of the Constitution and Article 42 of the CPC. Silence cannot be interpreted as evidence of guilt, so this right should be used before consulting a lawyer.
No. A suspicion is only a stage of the pretrial investigation, not a verdict. A person is presumed innocent until their guilt is proven in the manner established by law and established by a court’s conviction that has entered into legal force.
Yes, in the cases defined by law the suspicion and the procedure for serving it can be challenged, in particular through a breach of procedure, improper service or the absence of sufficient grounds. A lawyer will help assess the prospects of a challenge and observe the deadlines.
It is advisable. The status of a witness can quickly change to the status of a suspect, and what is said during questioning becomes part of the case. A lawyer’s advice before the summons helps avoid harming yourself with careless testimony.
A pretrial restraint is a way to ensure the proper conduct of a suspect: from a personal undertaking to detention in custody. Arrest is not mandatory, the court applies the mildest sufficient measure, and the lawyer’s task is to prove that a severe option can be avoided.
You need to act immediately. The right to a defense lawyer and a meeting with them before the first questioning is guaranteed by law, so you should not start giving testimony until the lawyer has arrived. If necessary, demand that a defense lawyer be engaged, including by appointment.
Yes, and that is exactly when the defense is especially important. A lawyer monitors compliance with the procedure, does not let the investigation abuse its powers, gathers evidence in your favor and does not allow careless steps to turn an innocent person into a convenient defendant in the case.
Vitalii Petryk, Managing Partner, Lexon Law Firm. Specializes in criminal, civil and commercial law and in court disputes. Handles complex cases from the pretrial investigation to court. Criminal Law. July 17, 2026.
Disclaimer. This material is of an informational and general educational nature as of July 2026 and is not legal advice, legal assistance or advertising within the meaning of the Rules of Attorney Ethics. Reading the article does not create an attorney-client relationship. Every situation is unique, so for your case please seek a personal consultation with a Lexon lawyer.
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