Why are crimes against advocates classified as general criminal offenses?

When investigating attacks on advocates, it is necessary to establish the fact of violence or bodily injury and, additionally, to prove a connection between the crime and the advocate’s professional activities. It is easier for law enforcement officials to classify the incident as a general criminal offense without linking it to the advocate’s work.

Olesya Otradnova, a member of the Verkhovna Rada Committee on legal policy, made this statement during the roundtable discussion «The Council of Europe Convention on the Protection of the Professions of Lawyer: a future part of Ukrainian legislation», which was recently held in Kyiv.

Before being elected to the Verkhovna Rada, O. Otradnova worked in the prosecutor’s office system. She explained that investigating crimes against advocates is complicated by the need to prove their connection to the advocate’s professional activities.

«One must prove bodily injury, violence, and an additional element — that it is related to the defense attorney’s professional activities. It is much easier for prosecutors to classify this as a general criminal offense, without any such connection. That is why this is often done», - the lawmaker noted.

This is precisely why lawyers need additional professional safeguards. «Advocates sometimes need advocates themselves. And anyone can find themselves in a situation where they need an advocate in their life», - said O. Otradnova.

She supported the ratification of the Convention and expressed her readiness to participate in further work on the document in parliament. «We will defend our triangle of justice from all sides», - the lawmaker concluded.

Article 9 of the Convention obligates states to ensure that advocates and their professional associations can carry out their activities free from physical attacks, threats, persecution, intimidation, unlawful obstruction, or interference. If there are grounds to believe that such actions may constitute a criminal offense, the state must conduct a prompt investigation.

As a reminder, the Council of Europe Convention on the Protection of the Profession of Advocate was adopted on March 12, 2025, and opened for signature on May 13 of the same year. On March 9, 2026, Ukraine became the 28th country to sign this international treaty. Preparations are currently underway for the ratification package and the legislative amendments necessary to implement the treaty.