Criminal Defence

Yes, this is often the most sensible moment to turn to a lawyer. In criminal proceedings the first statements can affect the entire course of the case. It may later be difficult to correct what was done at the start of the proceedings in haste or without fully understanding the situation. Before going to the police, it is worth finding out in what capacity you are being summoned and what procedural act is planned.

You may be summoned as a witness, a victim or a suspect, and each role carries different rights and obligations. A lawyer helps you to think calmly through what you may be asked, what the risks are and whether giving statements is reasonable in this situation. This does not mean that you should fear the proceedings or refuse to cooperate. It means that you go to the procedural act prepared and know how to protect your rights.

It is also important to know that a summons from the police or the prosecutor’s office should not be ignored. If you are unable to attend at the time stated in the summons, you must inform the official conducting the proceedings in good time and ask for a new time. Ignoring a summons may result in compelled attendance or other procedural consequences.

If you are questioned as a suspect, you have the right to refuse to give statements. You may use this right even if you consider yourself entirely innocent. Remaining silent does not mean an admission of guilt. Often it is simply a sensible way to avoid a situation in which a person, under pressure, gives inaccurate, incomplete or easily misunderstood explanations.

As a witness the situation is different, because a witness generally has an obligation to give statements. Even so, a witness does not have to answer questions whose answers might incriminate the witness or close persons named in the law. This is precisely why, before questioning, it is worth understanding what your procedural role is and whether answering might worsen your own position.

Giving statements can be useful, but it must be well considered. Before giving substantive explanations it is sensible to consult a lawyer, especially when the matter may concern your own possible liability.

No, you do not. In criminal proceedings the state must prove guilt. A suspect or accused person does not have to prove their own innocence. If doubt remains, it must be interpreted in favour of the person. At the same time, this does not mean that the defence should be passive. A good defence does not consist only in waiting to see what the investigator or the prosecutor’s office does. Often it is necessary to assess at an early stage what evidence has been gathered, what evidence is missing, whether the suspicion is based on assumptions and whether the actual course of events is correctly reflected in the file. Sometimes it is necessary to submit documents, applications and explanations or to gather additional evidence. This should be done thoughtfully, because every step can affect the further proceedings, the possibilities for a settlement and the outcome of the court dispute.

When a suspicion is brought against you, it means that the state links you to a specific suspicion of a crime. It does not mean that you are guilty, nor that the matter will certainly reach court. It does mean, however, that the proceedings have reached a serious stage for you and that the next steps require a well-considered defence position.

After a suspicion has been brought, there may follow questioning, the gathering of evidence, a search, the seizure of property, the application of a preventive measure or other procedural acts. The prosecutor’s office may also later decide whether to terminate the proceedings, send the matter to court or offer some simplified solution. At this stage it is important not to act only on momentary emotion. You need to understand what you are accused of, what evidence the suspicion relies on and what the possibilities are for defending yourself.

Detention is a very stressful situation for a person. The first and most important step is to state clearly that you want the assistance of counsel. Do not give substantive statements before you have been able to consult a lawyer. This is your right, and using it does not mean that you have anything to hide. Read the documents before signing them. If something in the report is inaccurate or you do not agree with the description of the act, ask for your remarks to be added to the report. Even small inaccuracies can become important later.

As a suspect, a person may be detained without a court order for custody for up to 48 hours. If the prosecutor’s office seeks custody, the court must decide on it. Custody and the extension of custody can be challenged, and in certain cases a more lenient preventive measure can be requested, for example bail or electronic surveillance. Neither detention nor custody means a conviction. It is a procedural situation whose lawfulness and justification must be carefully checked, and our lawyers can assist you with this. In urgent matters you can reach us by telephone at +372 324 0804.

During a search you should stay as calm as possible. Ask on the basis of what permit or order the act is being carried out, and make sure that all items taken away are recorded precisely in the report. Do not obstruct the act, but do not give ill-considered explanations or consents whose meaning you do not understand. If you have objections, ask for them to be added to the report. This is important, because it may later be necessary to check whether the search, the taking of items or the copying of data was lawful.

You should be especially attentive when a phone, computer, work-related documents, materials containing trade secrets, personal data or communication with a lawyer are taken away. Such acts can affect not only the criminal case but also your everyday work, the activity of your company and the rights of other people. You are not obliged to give the official conducting the proceedings your passwords if you do not wish to do so.

The seizure of property can very quickly make life difficult for a person or a company. Seizure can prevent the payment of invoices, the payment of wages, business activity or ordinary day-to-day coping. For this reason it should not be regarded merely as a technical procedural act. First it is necessary to assess on what basis the property was seized, what purpose it serves and whether its extent is justified. Sometimes property is seized to secure possible confiscation, a financial penalty or a victim’s claim. In any case, the seizure of property must be connected to specific proceedings and a lawful purpose.

If the seizure of property is too extensive, disproportionate or concerns property that should not be connected to the proceedings, it can be contested. Where necessary, it is possible to request that the seizure be lifted, that its extent be reduced or that use of the property be permitted.

Yes, in certain cases a criminal case can end without a long and burdensome court dispute. The possible solutions depend on what the person is suspected or accused of, what evidence has been gathered, whether the damage has been compensated, what the victim’s position is and whether the law allows the matter to be resolved in a simpler way. In some cases termination of the proceedings may be an option. In some cases it may be reasonable to discuss a settlement with the prosecutor’s office or to use simplified proceedings. In some cases, however, the best solution is to contest the charge to the end.

It is important not to agree to a solution merely because you want to get out of the proceedings quickly. A quick solution is not always a good solution. Before deciding, you need to understand what consequences may follow for the punishment, your work, your reputation, your driving licence, your residence permit, the activity of your company or your future opportunities.

In settlement proceedings the accused, the defence counsel and the prosecutor’s office agree on the circumstances of the crime, the legal assessment and the punishment. The court later checks whether the agreement is lawful and voluntary. Settlement proceedings can give a quicker and more predictable result, but they also carry significant consequences.

In summary proceedings the court resolves the matter mainly on the basis of the materials in the criminal file. Witnesses and experts are generally not summoned to court. If the court delivers a judgment of conviction in summary proceedings, the punishment is reduced by one third. This can be an important advantage for a person, but summary proceedings are not suitable for every case.

You should not agree to a settlement or to summary proceedings before you understand what you are giving up, what the evidence is, what the likely alternative would be and what consequences the decision may carry. Sometimes a settlement is reasonable. Sometimes it is better to contest. The right choice depends on the specific matter, not only on which solution is offered.

Yes, this may be possible. If you were acquitted, the proceedings were terminated, a judgment of conviction was annulled or you were deprived of liberty in the proceedings without justification, you may have the right to claim compensation for damage from the state. Such claims are governed by the Compensation for Damage Caused in Offence Proceedings Act.

Compensation may cover, for example, lost income, justified legal costs and, in certain cases, also non-pecuniary damage. Non-pecuniary damage means, for example, the impact of the deprivation of liberty, reputational harm, anxiety, uncertainty and the suffering that accompanied the proceedings. If a person was deprived of liberty without justification, the compensation for non-pecuniary damage is calculated on the basis provided by law.

In such matters the time limits are short. For this reason it is worth acting quickly after an acquittal, the termination of the proceedings, the annulment of a judgment or release. It is important to assess what damage can be claimed, what documents are needed and to whom the application should be submitted.

If you have suffered because of a crime, you do not have to limit yourself to the state punishing the offender. A victim also has the right to claim compensation for the damage caused by the crime. This can be done by filing a civil action in the criminal proceedings. You may claim, for example, medical costs, damage related to harm to property, lost income, funeral costs and, in certain cases, also non-pecuniary damage. Every claim must be justified and proven. For this reason it is important to gather documents already at the start of the proceedings. Invoices, receipts, photos, medical certificates, repair quotes, incapacity-for-work documents and other evidence can be helpful.

We understand that for a victim criminal proceedings can be emotionally difficult. A lawyer helps to keep the focus on making sure your damage is correctly presented, the evidence is gathered and your rights are not left aside in the proceedings. In addition, our lawyers always do their best to make difficult proceedings as little burdensome for you as possible.

We also consider it necessary to point out that in certain cases a victim of a crime may be able to receive compensation even when the offender has not been found, for example in the case of a violent crime as state crime victim compensation through the Social Insurance Board. Victim Support provides free support for this and also helps with applying for compensation. We recommend contacting Victim Support directly. The around-the-clock victim support crisis line is 116 006. You can find further information from Social Insurance Board’s website. If, in addition to this, you need help with preparing a damage claim or with representation in criminal proceedings, we are here for you.

A victim is not always obliged to use a lawyer, but in many matters it is of great help. In criminal proceedings the state focuses above all on whether a crime has been committed and whether the accused can be punished. For a victim, however, it is often just as important that the damage be compensated, that the proceedings be understandable and that their positions be genuinely taken into account.

A lawyer helps to assess what claims can be made, what evidence is needed and how to prepare a damage claim correctly. A lawyer can also help when a victim does not agree with the termination of the proceedings, wishes to submit applications or needs support during questioning and court proceedings. Good representation helps to avoid a situation in which the victim’s rights exist formally but in fact remain unused. In addition, taking part in the proceedings can also be emotionally easier when you know that someone is fighting precisely for your rights and interests.