12 October 2018
Where custodial detention is unjustified: Mykhailo Honcharov succeeds in mitigating interim measures
The court replaced the extension of custodial detention sought by the prosecution with placing an accused of an extremely serious crime under house arrest.
Drozdova & Partners Law Firm senior partner Mykhailo Honcharov, acting as an attorney for the accused in court, has demonstrated the absence of any risks that require custodial detention in accordance with Article 177 of the Ukrainian Code of Criminal Procedure.
‘Notwithstanding grave accusations against the client, we have managed to convince the court to order a less tough interim measure,’ the advocate comments on the tactical victory.
The defence team directed the court’s attention to the fact that:
– At the time of the detainment, the accused was staying with his family at the place of his registration and did not leave the country these recent years. Before the detainment, the accused appeared before the investigation officer on summons in criminal proceedings without any delay or attempts to avoid the meetings;
– Most documents and vehicles seized during the search have been returned to his wife. The rest is kept with the prosecution authorities;
– None of the witnesses, victims, experts or specialists has reported any facts of pressure.
‘We have thoroughly investigated into other circumstances, including evidence available in the case, the strength of social connections, the existence of permanent job, reputation, and the absence of criminal records, which were taken into account by the court when delivering the procedural decision,’ Mr Honcharov points out.
Following the trial, the court has dismissed the prosecution’s application seeking to extend the custodial detention.

