Decision-Making by the Defense Party in Ukrainian Criminal Justice: Balancing Needs and Capabilities

Objective: The purpose of the article is to highlight the features of the decision-making process by the defense party in Ukrainian criminal proceedings and to identify the main needs and capabilities of the subjects involved. Theoretical Framework: This study is based on contemporary scholarly perspectives in the fields of criminal law and procedure, forensic science, and legal psychology, the provisions of current legislation and statistical data. Method: To explore decision-making process by the defense party, this study will use a range of general and specialized scientific research methods including systemic analysis, formal-legal, comparative, generalization, and modeling. Results and Discussion: The authors argue that defense decisions in criminal proceedings are non-law-applying and significantly differ from the decisions of the prosecution or the court. The study demonstrates that defense decisions are structurally composed of the intended goal, the informational foundation, and the available alternative courses of action. The decision-makers on behalf of the defense include the defendant, the defense attorney, and the legal representative, each of whom possesses their own set of procedural needs and capabilities. It is emphasized that the most effective decisions are those made by the defendant in collaboration with defense attorney. Contributions: The significance of the research results lies in their potential to serve as a foundation for developing practice-oriented recommendations on optimizing defense strategy against criminal charges, and formulating recommendations to overcome unlawful resistance to pre-trial investigations and court proceedings by the defense side.