Pre-trial Investigation in Ukraine: Time Limits and Rights

A pre-trial investigation is the first stage of criminal proceedings. It begins when information is entered in the Unified Register of Pre-trial Investigations (URPI) and ends when the proceedings are closed or an indictment or one of the motions provided for by the Criminal Procedure Code is sent to court (item 5 of part 1 of Article 3 of the Criminal Procedure Code of Ukraine (CrPC)). This is the stage at which evidence is gathered, so the way a person summoned by an investigator conducts themselves often decides the outcome of the case. Below: how an investigation begins, who conducts it, how long it lasts, what rights witnesses and suspects have, and how to challenge an investigator’s actions. For an overview of all the stages – from the URPI entry to the judgment – see “Criminal Proceedings in Ukraine: What They Are, How to Find Out About Them and How They End”.

Who conducts the investigation and in what form

Investigations are conducted by investigators of the National Police, the Security Service of Ukraine (SBU), the State Bureau of Investigation, the Bureau of Economic Security and detectives of the National Anti-Corruption Bureau (NABU) (item 17 of part 1 of Article 3 CrPC); inquiries into minor crimes (kryminalni prostupky) are conducted by inquiry officers.
Crimes are investigated through a full pre-trial investigation, and minor crimes through an inquiry (Article 215 CrPC).

How a pre-trial investigation begins

The investigator, inquiry officer or prosecutor must enter the information in the URPI immediately, and no later than 24 hours after a report of a criminal offence is filed or after they themselves discover signs of one. 24 hours after the entry, the person who made the report is given an extract from the URPI (part 1 of Article 214 CrPC).
The investigation begins when the information is entered in the URPI. It cannot be conducted before that; the exceptions are an inspection of the scene in urgent cases and, for minor crimes, a few other steps, such as taking explanations and a medical examination (parts 2 and 3 of Article 214 CrPC).
Accepting and registering a report of a criminal offence cannot be refused (part 4 of Article 214 CrPC). A failure to enter information in the URPI can be challenged before an investigating judge (item 1 of part 1 of Article 303 CrPC).

A summons from the investigator: witnesses and their rights

A person must receive the summons, or be informed of it in some other way, at least three days before the day they are required to appear (part 9 of Article 135 CrPC). Valid reasons for not appearing include, in particular, serious illness, prolonged absence because of a business trip or travel, late receipt of the summons and force majeure (Article 138 CrPC).

A witness, suspect or victim who fails to appear when summoned by an investigator or prosecutor without a valid reason faces a monetary penalty of 0.25 to 0.5 of the subsistence minimum for able-bodied persons (UAH 832 to UAH 1,664 in 2026); a suspect or witness may also be brought in by force (parts 1 and 2 of Article 139 CrPC).

A witness has the right (part 1 of Article 66 CrPC):

to know why and in which proceedings they are being questioned;
to legal assistance from an advocate during questioning and other procedural actions;
to refuse to give evidence about themselves, their close relatives and family members that could form the basis of a suspicion, and about information that may not be disclosed under Article 65 CrPC;
to read the record of questioning and have changes, additions and comments entered in it.

At the same time, a witness must appear when summoned and tell the truth (part 2 of Article 66 CrPC). If the investigator’s questions show that the witness is in fact being treated as a possible suspect, it is worth attending with a lawyer.

Notice of suspicion

A person must be notified of suspicion if they were detained at the scene of the offence or immediately afterwards, if a preventive measure is being imposed on them, or if there is sufficient evidence to suspect them (part 1 of Article 276 CrPC). The written notice is drawn up by the prosecutor, or by the investigator with the prosecutor’s approval; it sets out the substance of the suspicion, its legal classification with the article of the Criminal Code, a brief statement of the facts and the suspect’s rights (Article 277 CrPC).

The notice is served on the day it is drawn up (or, if that is not possible, in the manner the CrPC provides for serving notices). A detained person must be served within 24 hours of detention; otherwise they must be released immediately (Article 278 CrPC). The time limits for the pre-trial investigation start running from the notice of suspicion.

The suspect’s rights

The suspect’s main rights (part 3 of Article 42 CrPC):

to know which criminal offence they are suspected of;
to have defence counsel on first request and to meet them confidentially before the first questioning, and afterwards without limits on the length or number of meetings; in cases provided for by law, to have defence counsel paid for by the state;
to say nothing about the suspicion, or to stop answering questions at any time;
to gather and submit evidence, file motions for procedural actions, take part in them and enter comments in the record;
to review the investigation materials (Article 221 CrPC) and demand their disclosure (Article 290 CrPC);
to challenge decisions, acts and omissions of the investigator, prosecutor and investigating judge;
to claim compensation for damage and restoration of reputation if the suspicion is not confirmed.

The participation of defence counsel is mandatory, in particular, in proceedings concerning special grave offences (from the time the person becomes a suspect), in respect of minors, in respect of persons who cannot fully exercise their rights because of physical or mental disabilities or who do not speak the language of the proceedings, and where a plea agreement is concluded (Article 52 CrPC).

How long a pre-trial investigation lasts

The time limit for a pre-trial investigation runs from the notice of suspicion (part 1 of Article 219 CrPC). From that day, the investigation must be completed (part 3 of Article 219 CrPC):

on suspicion of a minor crime, within 72 hours; if the suspect does not admit guilt, additional investigative actions are needed or the minor crime was committed by a minor, within 20 days; if the person has asked for an expert examination, within one month;
on suspicion of a crime, within two months.

The time limit can be extended, but the total may not exceed (part 4 of Article 219 CrPC):

one month for a minor crime;
six months for a minor offence;
twelve months for a grave or special grave offence.

An extension of up to three months is granted by the head of a district or regional prosecutor’s office (or a Deputy Prosecutor General); an extension of up to six or twelve months is granted by an investigating judge on a motion by the investigator approved, respectively, by the leadership of the regional prosecutor’s office or by the Prosecutor General or a deputy (part 3 of Article 294 CrPC). The motion must be filed at least five days before the time limit expires, and a time limit that has already expired cannot be restored (part 5 of Article 294 CrPC). Where the extension is granted by a prosecutor, the suspect and defence counsel must be given a copy of the motion at least five days before it is filed, and may submit written objections (part 3 of Article 295 CrPC).

The time limit does not include the period during which the proceedings are suspended, or the time spent reviewing the materials under Article 290 CrPC (part 5 of Article 219 CrPC). The CrPC currently sets no time limit for the investigation before a notice of suspicion: part 2 of Article 219, which used to set one, was repealed by Law No. 3509-IX of 8 December 2023. If martial law has been introduced and the investigation objectively cannot continue, the time limit is suspended by a reasoned resolution of the prosecutor (item 3 of part 1 of Article 615 CrPC).

Motions and access to the materials

The investigator, inquiry officer or prosecutor must consider a defence motion for procedural actions within three days. A refusal must be given as a reasoned resolution (Article 220 CrPC).
Even before the investigation is complete, the defence may, on request, review the materials, except those that could harm the investigation, and make notes and copies (Article 221 CrPC).

How to challenge the actions of the investigator or prosecutor

The following, in particular, can be challenged before an investigating judge (part 1 of Article 303 CrPC):

failure to enter information in the URPI, failure to return temporarily seized property and other procedural actions not taken within the prescribed time;
a resolution to suspend the pre-trial investigation or to close the proceedings;
a refusal of a motion for investigative (search) actions;
a notice of suspicion, once one month (for a minor crime) or two months (for a crime) has passed since it was served, but before the proceedings are closed or an indictment is filed with the court.

A complaint is filed within ten days of the decision, act or omission; if the decision is issued as a resolution, the period runs from the day a copy is received (part 1 of Article 304 CrPC). Other decisions and acts not listed in Article 303 CrPC are challenged at the preparatory hearing in court (part 2 of Article 303 CrPC).

How a pre-trial investigation ends

After a notice of suspicion, the prosecutor must, as soon as possible, close the proceedings, apply to the court for release from criminal liability, or file an indictment or a motion for compulsory measures of a medical or educational nature (part 2 of Article 283 CrPC).

Before the indictment is sent to court, the investigation materials are disclosed to the suspect and defence counsel, including any evidence that may point to innocence or a lesser degree of guilt (parts 1 and 2 of Article 290 CrPC). Adequate time is given to review them; if a party delays, the investigating judge may set a time limit (part 10 of Article 290 CrPC).

Frequently asked questions

Do I have to go to questioning by the investigator?

A witness must appear when summoned (part 2 of Article 66 CrPC). A witness or suspect who fails to appear without a valid reason, or without reporting the reason, faces a monetary penalty and may be brought in by force (Article 139 CrPC). At the same time, a suspect has the right not to give evidence, and a witness has the right not to testify about themselves or close relatives.

Can a witness bring a lawyer to questioning?

Yes. A witness has the right to legal assistance from an advocate during questioning and other procedural actions (item 2 of part 1 of Article 66 CrPC).

How long can an investigation last after a notice of suspicion?

For a crime, two months, which can be extended to six months (minor offence) or twelve months (grave or special grave offence). For a minor crime, up to one month (Article 219 CrPC).

This article reflects the position as of October 2026 (the Criminal Procedure Code of Ukraine as currently in force). It is general information and does not replace advice on a specific case.

Summoned by an investigator or served with a notice of suspicion? A lawyer will establish your procedural status, be with you at questioning and build your defence from day one → Defence during the pre-trial investigation · Assistance at questioning and summons by an investigator · Challenging a notice of suspicion