Within the framework of criminal procedure, in relation to a suspect or an accused, a number of measures can be applied to ensure criminal procedure, including restrictions.
What are restrictions?
Restrictions are preventive measures, the purpose of which is to ensure that a suspect or an accused fulfills their procedural obligations and does not hinder the conducting of criminal procedure.
According to the Criminal Procedure Code of Ukraine, the following restrictions can be applied to a suspect/an accused:
- personal commitment;
- personal guarantee;
- house arrest;
It is important to resort to the services of an attorney in order to obtain the least severe restriction possible. The choice of the least severe restraint is always the result of joint and coordinated actions of the suspect/the accused and his or her attorney.
How are restrictions chosen?
In the list of restrictions, personal obligation is the least severe measure, and detention, accordingly, is the most severe measure, which applies only to suspects/accused of committing grave and especially grave crimes. To choose a restriction, the investigator or the prosecutor must submit the relevant motion to the investigating judge.
VigoLex pays your attention to the fact that when choosing a restriction, many factors are taken into account, such as:
- significance of available evidences;
- severity of the punishment for the actions of which the person is suspected or accused;
- property status;
- reputation, age and state of health of the suspect/accused;
- availability of notice of suspicion, etc.
Of course, the assessment of these circumstances is made by the court subjectively. In this regard, it is important to have a professional attorney who can protect your interests and choose a restriction exclusively within legal boundaries.
Services of an attorney when choosing a restriction
The suspect/accused’s attorney is a key figure in the procedure of choosing restrictions.
The attorneys of VigoLex team are ready to professionally defend and represent your interests as a suspect or an accused when choosing a restriction, in particular to:
- get acquainted with the materials of criminal procedure;
- advise on the issues of criminal procedure legislation;
- develop the tactics of legal actions;
- draw up and submit filings to the investigating judge;
- if available – provide additional evidence or information that affects the choice of a restrictions;
- communicate with the investigating authorities, the prosecutors and the court;
- take part in the court hearing, at which the issue of choosing a restrictions, etc. will be considered.
When choosing restrictions, it is up to the attorney to help you get acquainted with the case materials, understand the core of the suspicion/accusation and develop a strategy to protect your rights in the process of choosing a restrictions.
Services of criminal attorneys in Odessa
The attorneys of VigoLex team, working in the Odessa office, have a wide experience in representing clients in the issues related to choosing restrictions. Our attorneys are ready to promptly and efficiently advise clients on any issues related to the protection of their rights and interests.