WinnerLex lawyers successfully challenged in court the decision of the investigator of the State Bureau of Investigation (SBI) to close the criminal case and restored the investigation

For many years, businesses in Ukraine have suffered from abuses by law enforcement agencies. Groundless criminal cases, numerous searches, and interrogations are used as tools of pressure on businesses. Sometimes, certain law enforcement officers even commit crimes against entrepreneurs, exceeding their authority. Recently, the State Bureau of Investigation (SBI) was established to combat criminals in uniforms. However, some SBI investigators, instead of conducting swift and objective investigations into such crimes, delay investigations and, at times, even unjustifiably close criminal cases.

During certain events, police officers unlawfully used physical force against our client’s employees, handcuffed them, and unlawfully brought them to the police station. The affected employees, seeking justice and punishment for the perpetrators, filed criminal complaints. However, it seems that due to the involvement of regional police leadership, the pre-trial investigation was conducted improperly. Eventually, the SBI investigator closed the criminal case, citing in the decision that no crime had occurred. This created a serious risk that the perpetrators would remain unpunished.

Fortunately, the Criminal Procedure Code of Ukraine allows for appealing a decision to close a criminal case during the pre-trial investigation phase.

AO WinnerLex appealed to the court, requesting the unlawful decision of the investigator to close the criminal case be annulled and that the case materials be sent back to the SBI for continued investigation. The appeal argued that there were clear signs of a crime in the actions of the police officers, and the SBI investigator had failed to fulfill the legal obligations to gather and assess evidence, leading to an unjustified and illegal decision to close the case.

As a result of the court’s consideration of the appeal, the Oktyabrsky District Court of Poltava fully satisfied the request, annulled the unlawful decision of the investigator, and returned the case materials to the SBI for further investigation.

The SBI will now be obliged to continue the investigation into this high-profile case, and AO WinnerLex once again demonstrated its expertise in providing criminal legal defense for its clients.