4 October 2019

Attorneys succeeded in convincing court to change pre-trial restriction for Belarusian spy

The court granted the defence’s application and changed the pre-trial restriction for a Belarusian citizen charged with spying (Article 114 of the Criminal Code) from detention to release on his own recognisance.

That was the order issued by the Novozavodksyi District Court, Chernihiv, which hears the high-profile case involving the ‘Belarusian spy.’ The team responsible for the working out of the defendant’s case includes Drozdova & Partners Law Firm Director Ms Olena Drozdova and attorneys Messrs Taras Hereliuk, Oleksandr Volvak and Vasyl Oliynyk.

‘The criminal proceedings have been pending for more than two years and the suspect has been kept in detention for all this time,’ says Mr Hereliuk. ‘We have managed to convince the court that, as evidence collected in the case shows, any further application of the most rigorous pre-trial restriction would not be consistent with the relevant purposes of and grounds for the application of the same, as provided by the Code of Criminal Procedure.’

‘Unfortunately, the Ukrainian criminal process has derived from the Soviet approach to investigating into offences, where the prosecution never admits their faults. A suspect is therefore denied virtually any opportunity to redeem their honour once they are placed in detention at the pre-trial investigation stage,’ Ms Drozdova points out. ‘We therefore see the court’s order to change the pre-trial restriction for our client from detention to release on his own recognisance (especially in such a complicated case) as a positive sign and hope that our client will ultimately receive an absolute acquittal.’