What it's really like to be a suspect: from suspicion to acquittal

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 points out that pre-trial investigations can end in one of two ways: by being closed or by being referred to court. If the pre-trial investigation is closed, the allegations are dropped. If, on the other hand, 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 - he becomes the accused. Thus, if the proceedings are at the pre-trial stage, the person is a suspect; if the case is already before the court, the person is an accused. After the trial, the court passes a verdict and the person becomes either acquitted or convicted.
"However, even at this stage, the presumption of innocence still applies: as long as the court has not convicted, the person is presumed innocent. This constitutional rule is often forgotten, not only by society, but sometimes also by the institutions," says Egidijus Kieras.

The road to acquittal can be long

Acquittal is not a sudden triumph, but often a multi-year struggle that requires emotional stamina and financial resources. Even when a person is finally acquitted, his or her life is changed - business partners, reputation and trust are lost. "Unfortunately, public opinion rarely catches up with the court's decision: the accusations are on the front page and the acquittal is on the back page," says an AVOCAD lawyer.

Anyone can be a suspect - from a business owner to an ordinary employee. "All it takes is one complaint or misjudgement to put a person in a situation that is not always easy to get out of," Egidijus Kieras points out,

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.)