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Publication date: 11.02.2025
She has been working as a lawyer since 2011. She has successful experience in criminal law cases, as well as in family and administrative law cases. She is guided by legislative norms in her work. However, she believes that the success of a case also depends on the client's persistence combined with faith in achieving the goal.
Input Data: the defendant accused of murder was held in pre-trial detention for 10 years.
Decision: the lawyer represented the defendant in the appellate courts of the first and second instances in Mykolaiv and Kherson, both as a defendant and as a victim.
Outcome: the 10 years spent by the defendant in pre-trial detention were credited toward the total sentence.
Result: the defendant was released.
The lawyer was appointed by the Regional Center for Free Secondary Legal Aid in Mykolaiv region to defend the individual accused of murder in Mykolaiv. The lawyer provided defense in appellate courts of the first and second instances in Mykolaiv and Kherson, representing the client both as a defendant and as a victim.
Appellate Court
An appellate court is a court of second instance that reviews decisions, rulings, and verdicts issued by courts of first instance based on appeals filed by the parties involved in the case.
Key Functions of the Appellate Court:
- Reviewing the legality and justification of first-instance court rulings.
- Evaluating the correct application of substantive and procedural law.
- The power to annul, amend, or uphold the lower court’s decision.
The appellate court does not conduct a retrial but reviews the case based on first-instance materials and any newly admitted evidence.
Appeal Process by a Lawyer
A lawyer files an appeal against the first-instance court’s decision in the form of an appellate complaint. The complaint must include:
- Grounds for appeal (errors by the first-instance court, incorrect application of legal norms, insufficient evidence, procedural violations, etc.).
- References to relevant legal norms.
- Request to annul or modify the decision, issue a new ruling, or refer the case for a new trial.
Appeal Submission Deadlines:
- Criminal cases – 30 days from the date of the verdict announcement.
- Civil and administrative cases – 30 days from the date of receiving the decision.
- Commercial cases – 20 days.
“Savchenko Law”
Under the "Savchenko Law," the 10 years spent by the defendant in pre-trial detention were credited toward the total sentence, leading to their release.
About the Law:
The "Savchenko Law" is the unofficial name of Law of Ukraine No. 838-VIII, which came into effect on December 24, 2015. It stipulated that each day spent in a pre-trial detention center (SIZO) would count as two days of serving a prison sentence.
Key Provisions:
- 1 day in pre-trial detention = 2 days in a correctional facility.
- The law applied to all types of imprisonment.
- It had retroactive effect, meaning it was applied to individuals already serving sentences.
Repeal of the Law:
On May 18, 2017, the Verkhovna Rada of Ukraine passed Bill No. 5534, which abolished the "Savchenko Law."
Since then, pre-trial detention has been counted on a "day-for-day" basis, as before.
Legal Assistance in Criminal Cases
A criminal defense lawyer can assist at various stages of the legal process:
- Pre-trial Investigation: challenging unlawful detention, consultations and clarification of rights, representation during police interrogations, monitoring compliance with the suspect's rights, appealing pre-trial detention or house arrest.
- Court Defense: analyzing case materials and evidence, developing a defense strategy, representing the client in trial and appeals courts, filing appeals and cassations.
- Victim Representation: filing a criminal complaint, court representation, claiming moral and material damages.
- Challenging Unlawful Actions by Law Enforcement: appealing illegal searches, arrests, and detentions, protecting clients from coercion and torture, appealing refusals to initiate criminal proceedings.
Additional Appeal Considerations:
New evidence can be submitted if it was impossible to present it in the first instance.
If the appeal deadline is missed due to valid reasons, a request for deadline restoration can be filed.
Trust in a Lawyer – The Key to a Successful Trial
Mutual trust between a client and a lawyer is a crucial factor in the successful resolution of a case. A lawyer always acts in the client’s best interests, even when decisions seem difficult. Timely legal assistance is essential for protecting one’s rights. Always seek professional legal support when dealing with complex cases.
