Returning the indictment to the prosecutor

An indictment has to meet the requirements of the law in both content and form. Defects that are identified can be grounds for asking the court to return it to the prosecutor.

When to get in touch

• the case has been sent to court with an indictment
• the indictment does not set out the circumstances clearly
• the annexes required by law have not been filed with it
• the register of pre-trial investigation materials has been drawn up improperly

What the lawyer does

• analyses the indictment against the requirements of the Criminal Procedure Code
• checks that the annexes are present and what they contain
• prepares a motion to return the indictment to the prosecutor
• argues the position at the preparatory hearing
• analyses the court’s ruling on the motion
• adjusts the defence strategy according to the outcome

Legal basis

The requirements for an indictment and for the register of pre-trial investigation materials are set out in Article 291 of the Criminal Procedure Code of Ukraine; the preparatory hearing and the court’s powers in Article 314.

Legislation and case law are updated over time; this page reflects the position as of August 2026.

Frequently asked questions

What does returning the indictment achieve?

It is the procedural mechanism for having defects put right. The decision is taken by the court after hearing the motion.

When should such a motion be filed?

The question is decided at the preparatory hearing, so the position is prepared in advance.

Need legal assistance? Call us or leave a request — a lawyer will contact you and explain what to do in your situation.