Pretrial Restriction Mitigated from the Most Severe Measure to Nighttime House Arrest

Attorneys have minimized the criminal procedural risks for a Client charged with offenses under Part 1 of Article 255, Part 3 of Article 27, Part 4 of Article 28, and Part 5 of Article 190 of the Criminal Code of Ukraine.

The defense strategy, developed by Alina Davydova, Counsel and Attorney-at-Law at Grain Law Firm, allowed the Client to progress from the most severe restriction of liberty back to participating in social and professional life:

Phase One: The initial detention in custody without the option of bail was commuted to 24-hour house arrest.

Phase Two: Following the review of a subsequent motion filed by the defense, the court substituted the 24-hour restriction with nighttime house arrest (from 11:00 PM to 6:00 AM).

This court ruling is highly significant given the judicial practice in cases under Article 255 of the Criminal Code of Ukraine, where courts rarely agree to mitigate control measures during the pretrial investigation stage. The attorney successfully demonstrated the groundlessness of the risks insisted upon by the prosecution and convinced the court that there was no need for the Client’s isolation.

Replacing 24-hour arrest with nighttime house arrest enables the Client to work, fulfill social obligations, and cooperate more effectively with attorneys to gather evidence for the case.

The full text of the ruling is available in the Unified State Register of Court Decisions under Case No. 757/62718/25-к.