From almost UAH 5 million in losses to a closed case: how the “Strategic Advocacy” law association changed the course of the investigation

In an official negligence case, lawyers from the “Strategic Advocacy” law association secured a review of the amount of the alleged losses. Instead of almost UAH 5 million, the defence’s expert examination found a difference of approximately UAH 20,000. This became the basis for requalifying the client’s actions, which ultimately made it possible to close the criminal proceedings because the limitation period had expired.

The client of the “Strategic Advocacy” law association worked at a state institution. His official duties included approving the value of property put up for auction. In particular, this concerned debtors’ assets sold to repay creditors.

In 2022, two land plots were put up for auction. Their value was determined by an independent appraiser in compliance with the prescribed procedures. Based on the results, the official approved the price, after which the land was sold at auction.

About two years later, law enforcement suspected the official of official negligence. In the investigators’ view, the land plots should have been worth considerably more. The prosecution’s expert examination put the alleged losses at almost UAH 5 million.

After joining the case, the lawyers of the “Strategic Advocacy” law association carefully analysed the materials of the criminal proceedings. They also brought in specialists in real estate, property valuation and land relations. Their advice revealed grounds to doubt the accuracy of the prosecution’s calculations.

The defence therefore initiated a separate land valuation expert examination. Its results differed significantly from the conclusions on which the initial suspicion had been based.

The expert established that the difference between the value of the land plots he had determined and the sale price was approximately UAH 20,000.

Thus, instead of almost UAH 5 million in alleged losses, the defence’s expert examination found a far smaller deviation in the value of the property.

The lawyers of the “Strategic Advocacy” law association added the expert opinion to the materials of the criminal proceedings. After considering it, the investigators changed the notice of suspicion served earlier. The client’s actions were requalified under Part 1 of Article 367 of the Criminal Code of Ukraine.

It was the requalification that became one of the key results of the defence’s work. The change in the legal assessment of the client’s actions affected not only the scope of possible liability but also the application of limitation periods.

Under Article 49 of the Criminal Code of Ukraine, limitation periods for criminal liability depend, among other things, on the gravity of the offence. A change in qualification can therefore be decisive for the further course of criminal proceedings.

In this case, the requalification made it possible to raise the question of closing the case because the limitation period had expired. The time that had passed since the events under investigation also proved important.

On 13 October, the court closed the criminal proceedings due to the expiry of the limitation period for criminal liability.

Thus, the lawyers managed not only to cast doubt on one of the prosecution’s key arguments. Thanks to the independent expert examination, the defence achieved a change in the suspicion, which ultimately made it possible to close the criminal proceedings.

This case of the “Strategic Advocacy” law association shows the importance of a comprehensive approach to defence in criminal cases. Careful analysis of evidence, the involvement of specialists and an independent expert examination can significantly change a client’s legal position.

At the same time, the legal consequences of requalification require particular attention. A change of the article, or of the part of an article, of the Criminal Code can affect the length of limitation periods.

It was taking such legal nuances into account, combined with proper work on the evidence, that enabled the “Strategic Advocacy” law association to achieve a result in the client’s interests.