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Lawyer proved evidence to be illegally obtained: court acquitted resident of Kyiv

The lawyer Olena Storozhuk achieved a not-guilty verdict for her client Nazar*. The guy was accused of illegal purchase, storage and transfer of methadone.

According to charge, Nazar earlier judged did not learn the lesson and was not ready to be on the right way, therefore he again committed a deliberate crime. The representative of pre-trial investigation carried out the operation purchase of narcotic substance three times. Then the police detained Nazar and searched his apartments.

Regional Center for free secondary legal aid in Kyiv appointed the lawyer Olena Storozhuk to defend Nazar in court.

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Lawyer Olena Storozhuk 

From October 15 to November 17, 2014 Nazar was in a pre-trial detention center. Change of the measure of restraint for house arrest after submission of the appeal complaint by the defence counsel became her first victory.

During court hearings the accused guy did not recognize himself as guilty. He declared that he had not committed the offence, wasn't engaged in sale of drugs, criminal proceedings against him were fabricated and drugs seized at the place of his residence were thrown by field investigators of the department of fight against the illegal trafficking of drugs.

On the contrary, the prosecution provided procedural documents on carrying out numerous operation purchases and on results of the carried-out search. Also witnesses were interrogated.

But the lawyer Olena Storozhuk during the analysis of these procedural actions provided essential remarks. In particular, the defender specified that secret (search) investigative actions were carried out illegally, without the relevant resolution of the prosecutor. Also the witnesses dependent on the police were selectively summoned to testify, security measures were groundlessly applied to the agent (purchaser), the procedure of seizures of drugs was violated.

In addition, witnesses of the prosecution during interrogation were inconsistent in their testimonies.

Such tactics of the defender and also insolvency of the party of charge to provide to court the appropriate and admissible evidence that the offence had really been committed by Nazar allowed the judge to acquit the guy.

Thus, on November 25 Svyatoshinsky district court of Kyiv delivered the not-guilty verdict on all charges Nazar was indicted.

*Names of persons featured in publication are changed for ethical reasons

Reference
Regional centers of free secondary legal aid provide free secondary legal aid to legal entities that are determined by c. 3-7 of p. 1 of Article 14 of the Law of Ukraine “On Free Legal Aid” (hereinafter the Law), through ensuring participation of the defender during the implementation of pre-judicial investigation and judicial implementation in cases when the defender according to provisions of the Criminal Procedural Code of Ukraine is involved by the investigator, prosecutor, investigative judge or court into appoint defence or carrying out certain procedural action, in cases of detention of the person, application of a measure of restraint to him in the form of a continence under guards, and also during trial of case concerning an administrative offense, and also in cases of providing FSLA to the person according to the resolution of court in criminal proceedings concerning continuation, change or phase-out of forced measures of medical character, in procedures for delivering the person (extradition) or in case of the court’s decision of questions during the execution of sentences according to Article 537 of the Criminal Procedure Code of Ukraine.

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