Criminal proceedings are often intimidating, not only in terms of their legal consequences but also in terms of the emotional burden. Egidijus Kieras, a lawyer at AVOCAD who also works with complex criminal cases, shares what the status of a suspect means, how the process changes and why the presumption of innocence is more than a theoretical rule. According to him, although it is often said: "if you are innocent, there is nothing to fear",anyone who has been involved in a criminal trial at least once knows that being a suspect is not only a legal status, but also a huge psychological and reputational burden.
Suspicion is not a conviction
The start of a criminal trial always seems dramatic - questioning, searches, arrests. The public tends to assume that if a person is under suspicion, he or she "did something anyway". However, in legal terms, according to the lawyer, suspicion is only the initial stage of the process, which may or may not turn into a criminal case. A suspicion is raised when pre-trial investigators consider that there are sufficient grounds to believe that a person may have committed a criminal offence. This is not a fact, but only a presumption that allows an investigation to be opened. The purpose of the pre-trial investigation is to establish whether or not a crime has been committed.
The lawyer notes that in practice, it is often the case that suspicions are made, but the case is later dismissed due to lack of evidence or because it turns out that no crime has been committed. However, the very fact of being suspected already affects a person's life - reputation, business, family relationships. Therefore, according to Kier, it is important to realise that an allegation is not a guilty plea. It is only a temporary procedural situation, which is not intended to punish or somehow aggravate a person's situation, but on the contrary, this status gives the person who is caught up in such a situation more rights:
- receive information about the status of the criminal proceedings against him or her, and know what he or she is suspected of doing;
- have a lawyer from the moment of arrest or first interrogation;
- receive interpretation and translation;
- inform consular offices and one person;
- get emergency medical help;
- to know the maximum number of hours (days) that his or her liberty may be restricted before the start of the trial, and to be informed about the regular review of detention and the possibility of alternative measures to detention;
- give evidence;
- remain silent and/or refuse to testify about your own possible criminal offence;
- provide documents and objects relevant to the investigation;
- make requests;
- to make representations;
- access to the pre-trial investigation file;
- appeal against the actions and decisions of a pre-trial investigation officer, prosecutor or pre-trial judge
- to be accompanied by a legal representative at court hearings and other procedural steps, as well as the right to privacy when the suspect is a minor.
From suspect to accused
The lawyer notes that a pre-trial investigation can end in two ways: by being discontinued or by the case being referred to court. If the pre-trial investigation is discontinued, the charges are dropped. However, if sufficient evidence is gathered during the investigation, an indictment is drawn up and the case is referred to court, and the suspect’s status changes—they become a defendant. Thus, during the pre-trial stage, the person is a suspect; once the case is in court, they are a defendant. After hearing the case, the court issues a verdict, and the person is either acquitted or convicted.
“However, even at this stage, the presumption of innocence still applies: until the court has issued a guilty verdict, the person is presumed innocent. This constitutional rule is often forgotten not only by the public, but sometimes by institutions as well,” notes Egidijus Kieras.
The road to acquittal can be long
An acquittal is not a sudden triumph, but often a struggle lasting several years that requires emotional endurance and financial resources. Even when a person is ultimately acquitted, their life has changed—they have lost business partners, their reputation, and the trust of others. “Public opinion, unfortunately, rarely catches up with the court’s decision: the charges make the front pages, while the acquittal ends up on the back pages,” says an AVOCAD lawyer.
According to him, anyone can become a suspect—from a business owner to an ordinary employee. “All it takes is a single complaint or a misjudgment for a person to find themselves in a situation that isn’t always easy to get out of,” notes Egidijus Kieras,
According to the lawyer, it is very important that every suspect knows his or her rights and exercises them, not only when establishing the fact of the crime itself, but also when imposing the penalty (which depends directly on aggravating and mitigating circumstances), and even when granting exemptions from criminal liability (bail, reconciliation, minority, etc.)