4 April 2019

Case law shows that change of place of residence may not be regarded as avoidance of investigation

Whatever the reason is, no change of a place of residence by the defendant in a criminal case may be regarded by the investigation as avoidance of service of process. Although the prosecution is unable to spot the addressee, they may not be put on the wanted list or be given the ‘suspect’ status.

Mr Taras Hereliuk proved this as he obtained a judgment from a court of the Ivano-Frankivsk Region, holding invalid the investigative officer’s order putting the accused on the wanted list, and terminating the pre-trial investigation in the criminal case. The advocate found about the order from a telephone conversation with the investigation officer.

‘When appealing from the procedural decision, we proceeded on the premise that the pre-trial investigation authority failed to take proper measures to serve the summons and the charge sheet on the client. In particular, the law enforcement did not verify the place of residence of the individual (although they were given notice of it) and the circumstances of her stay abroad. Accordingly, the documents sent to the address where the individual does not actually resides were returned to the investigative officer with the endorsement ‘Forwarding Time Expired,’ Mr Hereliuk explains the facts of the case. ‘Accordingly, the individual could not be given the ‘suspect’ status within the meaning of the Code of Criminal Procedure.’

To learn more about the case, please follow this link.