“A posthumous acquittal!”—thanks to our partners, attorneys Konstantin Globa and Andriy Levkovets of Barristers, LLC!

On May 20, 2021, the Darnytskyi District Court of Kyiv, with the participation of defense counsel, partners, and attorneys from Barristers Law Firm Konstantin Globa and Andriy Levkovets, a deceased (!) individual charged under Part 1 of Article 263 of the Criminal Code of Ukraine was found not guilty and acquitted on the grounds that his actions did not constitute a criminal offense.

The current Criminal Procedure Code of Ukraine, specifically paragraph 5 of Part 1 of Article 284, provides for the death of a suspect or defendant as a ground for closing criminal proceedings, except in cases where the proceedings are necessary for the rehabilitation of the deceased.

However, closing the criminal proceedings on this basis would not have ensured adequate legal protection for the client; therefore, the attorneys at Barristers Law Firm continued the defense until the very end.

And even in the face of this tragic news, they refused to agree to the closure of the proceedings and brought the case to a verdict, thereby defending the deceased. In this situation, the court took a principled stance, holding that it is the prosecutor’s responsibility to prove guilt and explain what evidence establishes the person’s guilt, even in the event of their death. Consequently, following the trial, the court found the deceased not guilty of the charges brought against him and issued a posthumous acquittal!