NEWS


14.04.2016

New precedent! Court case has been won in respect of binding the pre-trial investigation authorities to cease criminal proceedings


Our attorneys have smoothly represented the clients – private entrepreneurs engaged in the business of transportation and recyclable materials trade – within the case on binding the pre-trial investigation authorities to decree on ceasing of criminal proceedings initiated in respect of our clients, as well as to introduce to the Unified Pre-trial Investigations Register the statement on ceasing of such criminal proceedings.

The situation arose from ArtesLex attorneys’ addressing with a range of petitions to the prosecution service, law enforcement authorities, fiscal authorities with demands to cease criminal proceedings initiated in respect of our clients on grounds of absence of the event of a crime. Yet, all the said petitions were left undecided.

Thus, as a result of unlawful actions, to be more exact, inactivity of pre-trial investigation authorities’ officials, our attorneys were forced to launch judicial appeals against inactivity of pre-trial investigation authorities during criminal proceedings initiated in respect of our clients. Circumstances and facts proving unlawfulness and wrongfulness, from legal point of view, of inactivity of pre-trial investigation authorities’ officials were provided in respective appeal in details.

As a result of such appeals The Court sustained our appeal against inactivity of pre-trial investigation authorities’ officials during criminal proceedings initiated in respect of our clients. In particular, The Court ruled and declared unlawful inactivity of pre-trial investigation authorities’ officials regarding dismissal of petition on ceasing of criminal proceedings; The Court also bound pre-trial investigation authorities’ officials to decree on ceasing of criminal proceedings initiated in respect of our clients, as well as to introduce to the Unified Pre-trial Investigations Register the statement on ceasing of the said criminal proceedings within twenty four hours from decreeing on ceasing of such criminal proceedings.

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