NEWS


23.10.2017

The decree of the investigator on closing of criminal proceedings has been cancelled


Our attorneys have efficiently stood upon the client’s (a private entrepreneur engaged in the business of transportation and recyclable materials trade) rights within the case regarding cancelation of the decree of the National police investigator on closing of criminal proceedings and binding the investigating authorities to resume pre-trial investigation in respect of unlawful actions of fiscal authorities officials, upon breach of the taxpayers’ rights.

The situation arose from bringing in evidence by the fiscal authorities representative, within one of the court disputes between the client and the fiscal authorities, of the documents which had been intentionally falsified by the fiscal authorities officials aiming to deceive the court.

Hence, the client was forced to address to the prosecution service with an application on criminal offence upon falsification of documents. Yet, he was refused in initiating of criminal proceedings upon his application. Thereafter our specialists launched judicial appeals against denial of the prosecution service to initiate criminal proceedings and launch pre-trial investigation. As a result of such appeals The Court ruled and declared the action of the prosecutor unlawful and bound the prosecution service to initiate criminal proceedings and launch pre-trial investigation in respect of unlawful actions of fiscal authorities officials guilty of breach of the taxpayers’ rights.

Yet, after long-term investigation, the National police investigator has, in contravention of the law, unexpectedly decreed to close the said criminal proceedings

Thus, our specialists launched judicial appeals against unlawful decree of the National police investigator on closing of the criminal proceedings. During legal proceedings the prosecution service have, without waiting until The Court delivers judgement, decided on recognising of the decree of the National police investigator unlawful and cancelling such decree, with pre-trial investigation being resumed.

Therefore, as a result of appeals by our attorneys against decree of the National police investigator on closing of criminal proceedings in respect of unlawful actions of fiscal authorities officials, such decree of the investigator has been recognised unlawful and cancelled, with pre-trial investigation in respect of unlawful actions of fiscal authorities officials guilty of breach of the taxpayers’ rights being resumed.

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