Escalation of Charges to an Exceptionally Grave Crime is No Ground for Detention

The case began when the prosecution moved the court to modify the preventive measure applied to our Client — shifting from nighttime house arrest to detention in custody without the option of bail. The prosecutor cited the escalation of charges under Part 4 of Article 408 of the Criminal Code of Ukraine (desertion under martial law), which is classified as an exceptionally grave crime, as the procedural ground for such a radical step.

However, the defense team led by Alina Davydova, Counsel, Attorney-at-Law Grain Law Firm, successfully secured our Client’s freedom in court through clear and consistent legal arguments:

Absence of New Risks: The defense demonstrated that an additional qualification of actions under a more severe article does not automatically constitute a sufficient ground for the absolute restriction of liberty, provided the prosecutor fails to prove the emergence of new risks (Article 177 of the Criminal Procedure Code of Ukraine).

Impeccable Procedural Conduct: Irrefutable evidence was presented to the court proving that throughout the entire prior duration of the preventive measure, the Client had not violated a single obligation imposed on them and had demonstrated exemplary cooperation with the investigation.

The investigating judge fully sustained the position of Grain Law Firm, agreeing that the current preventive measure was entirely sufficient to ensure the suspect’s proper procedural conduct and the fulfillment of their obligations.

The prosecutor’s motion was denied in its entirety, allowing the Client to continue working, maintain their lifestyle, and receive further effective legal defense in their case.