Lawyers of Ihor Kolomoisky claim that the request for the selection of a preventive measure in the form of detention does not have a proper justification. This became known on May 8, when a businessman detained in a pre-trial detention center for nine months was reported on suspicion of ordering a murder, which, according to law enforcement officers, happened 21 years ago in Crimea, but did not result in any personal injuries.
The businessman's lawyers oppose the use of preventive measures in the form of detention and call this case absurd.
In their statement, which was sent to the editorial office of UNIAN, the lawyers claim that they are against the request for a preventive measure. They reminded that criminal proceedings against Kolomoiskyi have been closed several times, both by investigators, prosecutors and the court, due to the absence of the composition of the crime or the absence of the event of the crime.
The lawyers especially point out that the petition for choosing a preventive measure in the form of detention does not have a proper justification. They claim that neither reasonable suspicion nor any of the risks provided for by law have been proven.
The lawyers emphasize that according to Article 9, Part 2 of the Criminal Procedure Code of Ukraine, the prosecutor, the head of the pre-trial investigation body and the investigator are obliged to carry out a full, comprehensive and impartial investigation of the circumstances of the criminal proceedings. They must identify both the circumstances that arise in favor of the suspect or the accused, as well as those that burden him, as well as provide an appropriate legal assessment and make legal and objective procedural decisions.
"We believe that the prosecution did not take into account these principles of legality and reasonableness, and did not properly substantiate either the reasonableness of the suspicion or the risks defined in Article 177 of the Criminal Code of Ukraine in the request for a preventive measure in the form of detention," the lawyers note .
However, the businessman's defense indicates a complete lack of evidence regarding the existence of elements of criminal offenses in the actions of Ihor Kolomoiskyi.
According to Part 4 of Article 27 of the Criminal Code of Ukraine, an instigator is a person who, using persuasion, bribery, threats, coercion or other methods, tries to force another person to commit a criminal offense.
However, there is no evidence in the request for a preventive measure, nor in the additional materials, which would confirm the presence of any signs of a criminal offense in the suspect's actions," the lawyers said in a statement.
The petition materials do not contain any evidence that would confirm the provision of any instructions or commissions to the suspects, which constitute the objective side of the corresponding criminal offense, in particular, the provision of instructions regarding the organization of the commission of a serious crime.
"According to Clause 5 of Article 95 of the Criminal Procedure Code of Ukraine, a person testifies about the facts that he personally observed, except for the cases provided for by this Code.
However, none of the witnesses was present at the time and place where, according to the prosecution, Ihor Kolomoisky gave instructions to commit the crime. Their testimonies regarding the circumstances of the case are based only on their subjective assumptions," the businessman's lawyers note.
According to them, the testimony of witnesses who were previously convicted is based solely on their personal opinions about the relationship between Kolomoiskyi and other persons. This cannot be considered as evidence in the sense of the CPC of Ukraine.
"This testifies to the absence of criminal offenses in the actions of Kolomoisky's staff, in respect of which he was notified of the suspicion, and, therefore, to the complete groundlessness of the suspicion itself. Therefore, the opening of new criminal proceedings regarding the same actions is illegal, at least for the third time, when pre-trial investigation bodies try to investigate the same legal relations within the framework of criminal proceedings," the lawyers emphasize.
In their objection, the lawyers also draw attention to the fact that the actions accused of Ihor Kolomoisky, related to the alleged incitement to the crime, took place during the specified period from July 3 to July 7, 2003. Thus, the term of criminal prosecution for this offense, according to the law, has already passed on July 8, 2018 - almost 6 years ago.
"Therefore, in any case, Ihor Kolomoiskyi is not at risk of criminal liability for this specified offence," the lawyers are convinced.
"It should be noted that in criminal proceedings 72023000410000034 dated 11.08.2023 (a case investigated by the Bureau of Economic Security), Ihor Kolomoisky was only informed of suspicion, his guilt in these actions was not confirmed by a court decision, and this particular criminal proceeding is at the stage of pre-trial investigation .
Moreover, according to the extract from the information and analytical system "According to the information on bringing a person to criminal responsibility and the existence of a criminal record", Ihor Kolomoiskyi does not have an unexpunged and outstanding criminal record", - emphasize the lawyers.
According to the defense of the businessman, since currently the most severe preventive measure - detention and an absolutely record-breaking bail in the history of Ukraine - have already been applied to Ihor Kolomoiskyi, any risks indicated in the request for a preventive measure are objectively absent.
"As of the date of consideration of this request for preventive measure, the Suspect is in custody at the Pre-Trial Investigation Department of the Security Service of Ukraine, located at the address: Kyiv, Askoldiv Lane, Bldg. 3A. Therefore, the risks claimed by the prosecutor are in any case neutralized by these circumstances," the lawyers said.
In addition, in accordance with Article 177 of the Criminal Procedure Code of Ukraine, which fully meets the requirements of the Convention on the Protection of Human Rights and Fundamental Freedoms, the application of a preventive measure requires the existence of a well-founded suspicion of committing a criminal offense and the existence of risks, such as hiding from pre-trial investigation authorities and/or the court, destruction or distortion of material evidence, influence on participants in criminal proceedings or obstruction thereof, as well as the possibility of committing new offenses.
"It is also important to take into account that the state of health of Ihor Kolomoiskyi is not compatible with being in custody and requires constant specialized medical care," the lawyers added.
