Skip to main content
морской юрист

Legal aid to the seafarers in criminal cases

Pretty rarely I take these cases on, but being applied to I always try to direct the seafarer’s relatives properly.

Unfortunately not all listen to and hear what they are told and advised, and as a rule the seafarers are sentenced to real imprisonment terms abroad for the criminal offences they were indirectly related to.

I can remember at once several cases when the seafarer’s wives applied for help to us, received efficient advice and then, by unknown reasons, followed the “impostors” advices, and as a result, 21 years of imprisonment for contraband and 18 yeast for trafficking of the illegal migrants.

And this is despite of our successful experience of rescuing our guys from the prisons.

The most widely extended offences for committing of which the Ukrainian seafarers may be imprisoned is contraband of prohibited goods, including fuel, drugs etc, and also trafficking of illegal migrants.

Basically these are the main criminal offences for which the real terms of imprisonment are given.

But is it possible to rescue a person from imprisonment? Surely, it is.

The main mistake of all the seafarers and the members of their families is the attempt to solve their problems for free by means of the Ministry of Foreign Affairs of Ukraine.

I have been writing and repeating for the thousands times, that the Ministry is the last institution to be able to solve real problem of the Ukrainian seafarer. I can judge by the real cases and the words of the seafarers’ wives whose husbands are being imprisoned in Greece and Turkey.

Unfortunately, the most popular respond of our Ministry is that the case is on personal control and that the seafarer was provided with the MFA interpreter.

But the interpreter is not the lawyer specializing on criminal affairs.

When we start proposing the real help to the families, we often hear that their case is on MFA control and they do everything for free. But after a year and a half we start receiving for unknown reasons their calls again pleading for help and rescuing from the imprisonment.

Henceforth I decided to write a kind of manual for those imprisoned and who is about to be imprisoned.

  1. It’s necessary to clearly understand, what exactly the seafarer is being accused of. And the most essential is to remember and realize that not every seafarer aboard should bear responsibility for the contraband or illegal migrants trafficking. In the majority of cases the responsibility should be carried out to the officers. But the practice proves that rank and file can be sentenced to imprisonment too.
  2. You shouldn’t sign the documents without either lawyer or interpreter. There were cases when the seafarers signed the documents without being aware of their content.
  3. You should keep in mind that your case should be carried on by the certified legal expert specializing in the criminal affairs of the country where the offence has been committed.
  4. To use every opportunity to be released on bail and being in Ukraine curate your case. It can’t be left unattended. Otherwise you can be refused in the admission to the country or Schengen zone, and it means that your career as a seafarer is over.
  5. Also it’s very important to double check the information. There are cases when the families consult with the “impostors'” and trust to everything they are being told.
  6. You should obligatory notify the Ministry of Foreign Affairs of Ukraine about the incident but I wouldn’t have advised to trust them wholeheartedly and leave the seafarer’s destiny into their hands. I’ll repeat it again, there is a sad experience and the evidence of the families of the seafarers having received the real imprisonment term.

These are as well the basic moments to be considered and kept in mind.

But from my actual experience I can say that only hiring the legal expert in criminal affairs of the country where the offence has been committed will give the real chance to be exempt from responsibility.

Keep it in mind!

Leave a Reply

Your email address will not be published. Required fields are marked *