What to do after detention: advice from a lawyer
Have you been detained and don’t know what to do? Detention is a serious legal situation that requires knowledge of your rights and the support of a qualified lawyer. The right actions and their compliance with the laws and regulations of Ukraine will help reduce the risks. Here are the main recommendations to help protect …
Have you been detained and don’t know what to do?
Detention is a serious legal situation that requires knowledge of your rights and the support of a qualified lawyer. The right actions and their compliance with the laws and regulations of Ukraine will help reduce the risks. Here are the main recommendations to help protect your interests or the interests of your business in case of detention.
Rights of a detainee under Ukrainian law
In Ukraine, the rights of detainees are regulated by the Constitution, the Criminal Procedure Code (CPC) and other laws. Here are the key ones:
- The right to know the grounds for detention. According to Article 29 of the Constitution of Ukraine, every person has the right to know the reason for detention.According to Article 208 of the CPC, law enforcement officers must inform the detainee in detail about the reasons and suspicions.
- The right to silence. A detained person has the right not to testify against himself or herself or his or her relatives. This right is enshrined in Article 63 of the Constitution of Ukraine.It is recommended to remain silent until the arrival of a lawyer.
- The right to legal assistance. A detainee has the right to legal support. Article 59 of the Constitution of Ukraine and Article 20 of the CPC guarantee the right to a lawyer without delay, which allows for the assistance of both a personal lawyer and a state-appointed lawyer.
- Notification of relatives. According to Article 213 of the CPC, law enforcement agencies must immediately notify relatives or friends of a detainee of his or her whereabouts.
- Familiarization with rights. Every detainee must be informed of his or her rights and be able to exercise them at all stages of the process.
The importance of legal support during detention
- Assessment of the legality of detention.The lawyer checks whether the provisions of Articles 207-208 of the CPC regarding detention without a court order are observed.
- Control over interrogations.According to Article 224 of the CPC, a lawyer has the right to be present during interrogations, which reduces the risk of pressure from investigators.
- Developing a defense strategy. After the consultation, the lawyer determines the next steps to protect the client’s interests.
Legal advice after detention
- Analysis of evidence. The lawyer checks the legality of the evidence collected, because according to Articles 86-89 of the CPC, only properly collected evidence can be used in court.
- Planning further actions. The lawyer helps to develop a strategy of behavior in cooperation with law enforcement.
- Control of detention conditions. The lawyer ensures that the conditions of detention comply with the provisions of Article 8 of the CPC, which guarantees respect for the dignity of the detainee.
What to do after detention
- Stay calm. Your words and actions can be used against you, so avoid emotional expressions.
- Do not sign documents without a lawyer. All documents should be reviewed by a lawyer before signing.
- Refusal to testify without a lawyer. In accordance with Article 63 of the Constitution of Ukraine and Article 18 of the CPC, you have the right to remain silent until your lawyer arrives.
The role of a lawyer after detention
A lawyer provides legal support, explains the nature of the charges and builds a defense strategy. According to Article 42 of the CPC, a lawyer has the right to represent the client’s interests at all stages of the process, including court hearings and investigative actions.
Detention is a difficult situation that can happen to any citizen. However, knowledge of your rights, the laws of Ukraine, balanced and correct behavior, as well as the assistance of a professional lawyer will help you defend yourself. A lawyer will ensure the legitimacy of the process and help you avoid unjustified accusations and unpredictable consequences.
If you or your loved ones need legal assistance, don’t hesitate to contact us – we have the knowledge, years of experience, successful cases of client support and will provide qualified support.
