Сlosure of criminal proceedings in the preparatory court session
GOLAW attorneys have managed to close the criminal proceedings on accusal of an official of a large pharmaceutical company in the acquisition for sale and sale of an obviously falsified drug in a preparatory hearing.
The owner of the pharmaceutical company turned to GOLAW attorneys in connection with a series of searches and arrests of the property of company and employees. In addition, the company’s chief accountant was informed of the suspicion and a measure of restraint was chosen in the form of detention with the alternative of bail of more than half a million hryvnas.
The case was opened in connection with a statement of crime filed by a competitor. According to the prosecution, the chief accountant of the pharmaceutical company, with the prior conspiracy of a group of individuals, repeatedly falsified in order to sell a drug that was not included in the State Register of Medicines of Ukraine.
First of all, GOLAW attorneys managed to change the measure of restraint to personal obligation in court and returned the bail paid earlier. In addition, arrests were canceled and the property of the company and its employees, which was seized during the searches, was returned.
Evidence was gathered to prove the absence of corpus delicti in the actions of the company’s chief accountant. After the indictment was filed to the court, GOLAW attorneys were fully prepared to defend the client’s position and obtain an acquittal.
At the same time, during the preparation for the first court hearing, GOLAW attorneys found that the prosecution had violated the terms of the pre-trial investigation. This consisted in the transfer of the indictment to the court outside the time limits established by criminal procedure law for pre-trial investigation.
The court of first instance closed the criminal proceedings on the basis of a substantiated request of attorneys. The courts of appeal and cassation upheld the position of GOLAW attorneys and the decision of the court of first instance. All attempts by the prosecution to prove the absence of violations of the law on the timing of the pre-trial investigation were in vain and were refuted by attorneys in court.
Details of the court decisions in the case can be found at the following links:
Cancelation of suspicion at the stage of pre-trial investigation with further closure of the case
Upon the GOLAW attorneys’ complaint, the notification on suspicion of committing a criminal offense was canceled by the investigating judge due to procedural violations committed by law enforcement officers. The deadlines set by law for the investigation were almost exhausted, so there was no time to draw up and submit a new notification on suspicion. Criminal proceedings against the client were closed.
The head of the state organization appealed to GOLAW law firm in connection with the resumption of previously closed criminal proceedings against him. He was suspected of illegally influencing an employee of the state executive service.
First of all, the attorneys calculated the procedural deadlines set by law for the pre-trial investigation and found that there were few of them left in this case. In this situation, the attorneys offered the client the quickest way to resolve the situation, namely to try the procedure of cancelation the notice of suspicion in court.
GOLAW attorneys were convinced that the client’s actions did not constitute an offense. In this case, the option of not bringing the case to court is, in fact, always less costly for the client, both materially and morally. Therefore, first of all, we always analyze the possibility of closing the case against the client during the pre-trial investigation.
In this case, such a procedural possibility was identified. Despite the fact that the situation was not typical, and there is no case law on such violations, the reasons given by the attorneys to cancel the suspicion were considered sufficient by the investigating judge.
The violation was that in the period between the closure of criminal proceedings and its resumption (in connection with the cancellation of the relevant resolution), Law №2617-VІІІ as of 22.11.18 came into force. According to its requirements, the criminal offense incriminated to the client was attributed to misdemeanors and a mandatory procedure for a new notification of suspicion in misdemeanor has been established. Such a procedure had not been followed by law enforcement officers.
The court’s decision was appealed by the prosecutor to the appellate court. The panel of judges of the Kyiv Court of Appeal supported the position of GOLAW attorneys and upheld the decision of the court of first instance: the notification of suspicion was canceled.
Details of the court decisions in the case can be found at the following links:
Сancelation of suspicion in the supreme anti-corruption court
At the pre-trial stage, GOLAW attorneys managed to cancel the client’s notification of suspicion in committing crimes, in particular involvement in a criminal organization aimed at seizing power by establishing control over the High Qualification Commission of Judges of Ukraine (HQCJU), the High Council of Justice (HCJ) and establishing artificial obstacles to the work of the HQCJU and its members.
A high-ranking official of the state body of justice appealed to GOLAW attorneys in connection with the notification of suspicion of involvement in crimes, committed by a criminal organization and aimed at usurping power, creating obstacles to the work of the HQCJU and its members, as well as providing illegal benefits.
The investigation was conducted by the National Anti-Corruption Bureau of Ukraine. After handing over the suspicion, law enforcement officers asked the court to apply a precautionary measure to the client in the form of bail. The attorneys managed to convince both the investigating judge and the judges of the Appellate Chamber of the High Anti-Corruption Court that there were no grounds to apply bail to the client and that the personal commitment was sufficient, which is the mildest precautionary measure.
After a thorough investigation of the notification of suspicion, the attorneys found grounds for cancelation most of the notification of suspicion. These were: decriminalization of the act “participation in crimes committed by a criminal organization” and the absence in the notification of suspicion of information about the actions (inaction) of the client, which would indicate the presence of an objective aspect of the crime, which is to create artificial obstacles to the work of the HQCJU and its members.
After reviewing the attorneys’ appeal against the notification of suspicion the Appellate Chamber of the High Anti-Corruption Court adopted a decision partially closing the proceedings and canceling the relevant part of the suspicion.
As for the part of the suspicion concerning the provision of illegal benefits, the situation is also under control. After the case is brought to court, attorneys will demand an acquittal. At the same time, there are no grounds for concern, as the statute of limitations has expired and the client will be released from criminal liability in any case.
Details of the court decision in the case can be found at the following link:
Closure of the case at the stage of pre-trial investigation due to lack of corpus delicti
Upon the statement of GOLAW attorneys, the criminal proceedings, in which officials of the client’s company were investigated, were closed due to the establishment of the lack of corpus delicti in their actions.
A foreign investor building a solar power plant has approached GOLAW’s attorneys in connection with the blockade of his activities in Ukraine. Financial and economic documents of the company were seized and bank accounts were arrested. Such measures were taken by law enforcement officers in connection with an investigation that concerned the misappropriation of state funds by officials of the client’s company.
During the construction of its own solar power plant, the company with foreign investments formed a tax credit from the value-added tax, which was later reimbursed from the state budget of Ukraine. According to police, the company was not entitled to compensation, because the solar panels that were installed on the solar power plant were inflated.
First of all, GOLAW attorneys have managed to cancel the arrests of funds in the company’s bank accounts, as well as to return temporarily seized documents.
Subsequently, a number of pieces of evidence were collected and submitted to law enforcement agencies, which refuted the version of the accusation. Upon the attorneys’ statement, the criminal proceedings were closed at the stage of the pre-trial investigation in connection with the establishment of the lack of corpus delicti in the actions of officials of the client’s company.
Сlosure of criminal proceedings at the stage of pre-trial investigation
After the attorneys implemented a number of measures to challenge the actions and inaction of law enforcement agencies, the case, which was investigated for tax evasion, was closed at the stage of pre-trial investigation.
Searches were conducted in the Ukrainian offices of the GOLAW client, which is one of the largest clothing retailers in the world. Documents and computer equipment were seized. Employees were summoned for questioning. Some of the property were arrested.
According to the investigation, the retailer’s officials, in collusion with the general contractor, who was building and repairing the customer’s stores, and a number of fictitious companies, carried out non-commodity transactions. The aim was allegedly to convert money, which was later used to pay wages to employees for repairs and construction «in envelopes».
From the plot of the case it was absolutely clear that the case will not be brought to court. It was opened only to put pressure on business. In view of the above, the main goal of the attorneys was to lift the arrests, return of the property of the companies and close the criminal proceedings as soon as possible.
GOLAW attorneys successfully implemented all the above measures by appealing to the court both the decisions of the investigating judges on the arrest and the relevant actions and inaction of law enforcement agencies.
The result of the complex work was the closure of criminal proceedings for lack of corpus delicti.