Pre-trial investigation in criminal proceedings: stages, time limits, and rights of the parties

A pre-trial investigation is a key stage of criminal proceedings during which investigators and prosecutors gather information about a criminal offense, examine evidence, and determine the role of each participant in order to establish the facts objectively and prepare a well-founded indictment.

It is governed by the Criminal Procedure Code of Ukraine (in particular, Article 214) and is subject to statutory time limits (for example, up to 12 months for serious crimes and up to 6 months for minor offenses, with the possibility of extension in certain cases). Beyond the technical procedures, safeguards of the parties’ rights during the investigation are critically important—access to case materials, the right to legal assistance, and the right to appeal procedural decisions. In this article, we take a detailed look at the stages of the pre-trial investigation, the statutory time limits, and the main rights of participants in the proceedings.

What a pre-trial investigation is

Definition, purpose, scope

A pre-trial investigation is the main stage of criminal proceedings during which competent authorities collect all available information about the event, examine evidence, and establish each person’s role in the commission of a criminal offense (see Article 214 of the CPC of Ukraine). The purpose of this process is to ensure an objective clarification of the facts, protect the lawful rights and freedoms of participants, and lay the groundwork for a well-founded procedural decision. The scope of the pre-trial investigation is determined by the investigator’s powers and duties under the CPC, as well as by the time limits established by law for each category of case.

Difference from pre-trial inquiry

A pre-trial inquiry is generally used in cases involving minor and medium-gravity offenses and provides for a faster, simplified procedure for gathering evidence. By contrast, a pre-trial investigation typically covers serious and especially serious offenses, where the range of investigative actions is broader and may include complex expert examinations, covert investigative (search) actions (such as interception and wiretapping), and other procedural measures subject to prosecutorial oversight and, where required, judicial authorization. In addition, the results of an inquiry may not always be sufficient to bring a case to trial, whereas a pre-trial investigation is specifically intended to form an indictment.

Following amendments to the CPC in 2023, the inquiry procedure for non-serious offenses was simplified: an inquirer may appoint examinations and conduct certain procedural actions without the prosecutor’s prior approval. The standard inquiry period is now 30 days instead of the former 2–6 months.

Legislative framework

Article 214 — commencement

The commencement of a pre-trial investigation is triggered by sufficient data indicating signs of a criminal offense contained in applications, reports, or discovered by law enforcement officers in the course of their official duties. Under Article 214 of the CPC of Ukraine, such data serve as the formal basis for entering information into the Unified Register of Pre-Trial Investigations (ERDR) and for subsequent action by an investigator or inquirer.

Articles 219 and related provisions — time limits

According to Article 219 of the CPC of Ukraine, the general time limit for a pre-trial investigation of serious crimes must not exceed twelve months. Related CPC provisions (including those governing motions and extensions) establish how and when these limits may be extended in justified cases. For minor criminal offenses, the law provides for a shorter overall time limit (commonly up to six months), aiming to balance investigative efficiency and the protection of participants’ rights.

Articles 283 and 290 — completion and access for review

Article 283 of the CPC of Ukraine regulates the grounds and procedure for completing a pre-trial investigation, including closure where guilt is not proven or where there is no corpus delicti. Meanwhile, Article 290 of the CPC of Ukraine sets the procedure for granting the parties access to case materials after the prosecution has decided to complete the pre-trial investigation—the parties must be given an opportunity to review documents and attached evidence before an indictment or motions are filed with the court.

How an investigation begins

Sources

A pre-trial investigation may begin on the basis of a victim’s statement, citizens’ complaints, official notifications from government bodies, or, for example, the results of an internal law enforcement review. Statements may be oral or written and are processed promptly to record relevant circumstances. The available data are assessed by an investigator or inquirer to decide whether to enter the information into the ERDR.

Entry into the ERDR within 24 hours

After receiving initial information about a criminal offense, the authorized person must enter the information into the Unified Register of Pre-Trial Investigations within 24 hours. This period runs from the moment the statement is received or the grounds for investigation are identified. Registration in the ERDR records the date and time the proceedings begin and serves as the formal trigger for the pre-trial investigation.

Who may initiate: investigator, inquirer, police, prosecutor

The right to initiate proceedings belongs to investigators of the police, revenue and duties bodies, the Security Service of Ukraine, as well as to an inquirer in cases involving non-serious offenses. In certain situations, proceedings may also be initiated under a prosecutor’s authority, for example where urgent intervention is required or where procedural violations must be remedied.

Actors and their powers

Roles of the investigator, inquirer, prosecutor

The investigator carries out urgent and core investigative actions, issues procedural decisions, and verifies investigative versions. The inquirer works mainly with non-serious offenses under a simplified procedure and, in some cases, may independently decide to appoint an examination. The prosecutor provides procedural guidance, assesses the legality of investigative actions, monitors compliance with time limits, and may initiate motions related to extensions or other procedural measures.

Conducting investigative, search, and covert actions

The investigator appoints necessary examinations (handwriting analysis, forensic medical examinations, etc.), conducts searches, seizures, and interviews, and—where judicial authorization is required—applies covert investigative (search) actions (interception of correspondence, wiretapping). Search measures (such as locating suspects or witnesses) are carried out in cooperation with police units. Each of these procedures is regulated by the CPC and subject to prosecutorial oversight.

During a search, the person whose premises are being searched has the right to be present, to invite a defense lawyer, and to be informed of the legal grounds and procedure for the search.

Every search and seizure must be documented by a detailed protocol indicating the place and time, the items seized, the participants’ statements, and the signatures of the investigator and other participants as required.

Time limits of the pre-trial investigation

Defining the limits

The general time limit for the pre-trial investigation of serious crimes, under Part 1 of Article 219 of the CPC of Ukraine, must not exceed 12 months. This maximum is intended to protect the right to a reasonable timeframe and to prevent undue delays. Until January 1, 2024, especially serious crimes were commonly addressed within an 18-month framework, after which the legislature revised extension mechanisms to allow prolongation in exceptional cases. For minor offenses, the general rule sets a shorter overall investigation period (commonly up to 6 months), enabling quicker completion of less complex cases and reducing the burden on investigative bodies.

When assessing whether an extension is justified, the complexity of the case is taken into account: a large number of episodes, the need for multiple examinations, the involvement of international cooperation, or specialized procedural actions may require additional time. The CPC also provides for situations in which time may be suspended or excluded from calculation in cases provided by law (for example, where a suspect is absent and declared wanted).

Extensions and overall cap

The pre-trial investigation period may be extended upon a prosecutor’s motion where additional actions are objectively required and cannot be completed within the initial timeframe. Such motions must be substantiated, and the court considers them based on the materials presented. Extensions are typically granted for a defined period, while the overall duration must remain within the limits set by law.

Where the defense considers an extension unjustified or procedurally flawed, it may challenge the extension in court, which serves as an important safeguard of procedural rights.

Parties’ rights: access to materials

Review under Article 290—how it’s documented

Once the prosecutor (or investigator under prosecutorial supervision) notifies the parties that the pre-trial investigation is completed, the parties are granted access to the case materials under Article 290 of the CPC of Ukraine. The review is documented by a protocol/log entry, and participants may receive copies of materials or review them in the manner provided by law, enabling them to prepare objections or submissions.

Brief algorithm for obtaining copies:

1. Submit a motion listing the requested documents
2. Receive confirmation/authorization to review the materials
3. Register the review in the relevant protocol/log
4. Receive copies or review materials in the investigator’s/prosecutor’s office

Consequences of violations (inadmissibility of evidence)

If the review procedure is violated, the court may deem the evidence obtained or disclosed in breach of procedural guarantees inadmissible. This protects the right to a fair trial, prevents arbitrariness, and supports the integrity of proceedings. Systemic violations or gross disregard for procedural safeguards may also entail disciplinary liability and, in certain circumstances, other forms of legal responsibility. The inadmissibility of key evidence can lead to the need to revise the prosecution’s position or, in some cases, to close proceedings.

Completion and conclusion of the investigation

Difference between “completion” and “closure”

“Completion” of a pre-trial investigation means finalizing the investigation and preparing an indictment (and related procedural documents) for submission to the court. “Closure” means terminating the proceedings without bringing the case to trial due to the absence of corpus delicti, failure to prove guilt, or other grounds provided by Article 283 of the CPC of Ukraine.

Indictment, closure, coercive motions

After the investigation is completed, the prosecutor provides the parties with access to materials and then prepares the indictment and submits it to the court, subject to the CPC requirements. Where applicable, the prosecutor may also file motions for coercive medical or educational measures. If there are no grounds to proceed, the prosecutor (or investigator under prosecutorial supervision) adopts a decision to close the proceedings.

Grounds for suspension or closure

Grounds: death, amnesty, failure to prove, Article 283

Proceedings may be closed on the grounds set out in Article 283 of the CPC of Ukraine, including the death of the person subject to criminal liability, the application of an amnesty decision, the absence of corpus delicti, or failure to prove guilt. Each ground must be clearly documented in procedural decisions.

Appealing investigative actions

Commencement, time limits, access may be appealed

Actions or inaction by an investigator or prosecutor (including issues related to commencement, time limits, or access to materials) may be appealed to the head of the relevant body and/or to the investigating judge in accordance with the CPC. A complaint should specify the alleged violations and the remedy sought (for example, restoring access to materials or addressing unlawful delay).

Practical cases, case law

In a Supreme Court decision of January 25, 2024, in case No. 450/3797/21, a violation of pre-trial investigation time limits was found where the court returned the indictment to the prosecutor to remedy deficiencies. The Supreme Court held that this period is included in the pre-trial investigation time under Article 219 of the CPC, and thus the re-submission of the indictment occurred outside the established time limit.

Specifics during martial law

Powers, time limits, resources

During martial law, investigations of crimes related to state security are often prioritized, and practical constraints (security conditions, access to evidence, staffing, logistics) may affect the pace of proceedings. At the same time, procedural decisions on time limits and extensions must still follow the CPC framework and remain subject to prosecutorial oversight and judicial review where required.

FAQ

When does the investigation begin?

The investigation begins when information is entered into the ERDR on the basis of a victim’s statement or a law enforcement report. This records the official start of the pre-trial phase and provides the legal basis for investigative actions.

How long does it last?

The duration depends on the gravity and complexity of the offense: commonly up to 12 months for serious cases and up to 6 months for minor ones, with the possibility of court-approved extensions in justified circumstances.

How to obtain the materials?

To review materials under Article 290 of the CPC of Ukraine, the parties are granted access after the prosecution has notified them of the completion of the pre-trial investigation. You may submit a motion listing the documents you need; after access is arranged, you will be given copies or allowed to review the file at the investigator’s/prosecutor’s office in the manner prescribed by law.

What if the evidence is insufficient?

If the materials collected do not confirm the suspect’s guilt, the pre-trial proceedings may be closed under Article 283 of the CPC of Ukraine. In such cases, proceedings cease, but may be resumed if new legally significant facts are discovered and the CPC requirements are met.

Legal assistance

Pravovyi Lider is a team of experienced attorneys and lawyers specializing in supporting criminal proceedings at all stages. We combine deep knowledge of the CPC of Ukraine with an individual approach for each client, ensuring the protection of lawful interests and the minimization of risks.

Main services of Pravovyi Lider:

• Consultations on pre-trial investigation issues: comprehensive explanations of rights and obligations, timelines, the procedure for reviewing materials, and options for appealing procedural decisions.
• Support during review of the case: preparation and filing of motions to obtain access to materials, representation during the formalization of review protocols, and protection of rights in case of refusal.
• Appeals against unlawful investigative actions: drafting and filing complaints with investigative body leadership and the courts, situational analysis, and substantiated restoration of violated rights.
• Court representation in motion hearings: representing the client during hearings on extensions, admissibility of evidence, and pre-trial restraint measures.
• Comprehensive defense in proceedings involving closure under Article 283 of the CPC of Ukraine: analysis of materials, preparation of motions to close proceedings due to failure to prove guilt, and support for the procedural formalization of case termination.

Each client is assigned a personal coordinator who contacts you at every stage of the investigation. We are ready to protect your rights at any stage of the pre-trial investigation.