Notice of suspicion to the PGO prosecutor and lawyers — legal analysis and case implications

The NABU together with the SAP reported suspicion to a Prosecutor of the Prosecutor General’s Office and several lawyers. According to official sources, the pre-trial investigation concerns possible receipt of unlawful benefit in the amount of $3.5 million for alleged assistance in decision-making within another criminal case. Materials confirm the transfer of a first installment — $200,000, after which the participants were notified of suspicion. Investigative actions are ongoing.
Legal qualification
Preliminarily, suspicion was reported regarding the following offenses:

• Part 2, Article 15 of the Criminal Code of Ukraine — completed attempt to commit a crime;
• Part 4, Article 27 of the Criminal Code — organization or aiding and abetting in the commission of a crime;
• Part 4, Article 369 of the Criminal Code — offering, promising or providing unlawful benefit to an official, committed by an organized group or in a particularly large amount.
  The pre-trial investigation is ongoing; final qualification and liability can only be determined by a court after reviewing all evidence.
  Procedural aspects

1. Standard of proof — in such cases, compliance with admissibility of evidence (Articles 86, 87 CPC of Ukraine) is key.
2. Procedure for notifying of suspicion — the involvement of lawyers and a prosecutor in a single case requires procedural purity of investigative bodies.
3. The role of HACC and SAP — the case may become a reference point for future judicial practice.
   WINNER’s commentary
   Cases concerning suspicion of corruption-related crimes in the legal profession require maximum legal precision and compliance with the presumption of innocence. The main goal for both sides is to ensure the right to defense and adherence to fair justice standards.
   Author: Ihor Yasko, managing partner of WINNER Law Firm, PhD in Law.
   If you have any questions or issues related to corruption, official crimes, criminal defense, or liability — contact WINNER Law Firm for qualified legal assistance.
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