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Publication date: 20.08.2024
Decriminalization of petty theft. Exemption from serving a sentence
Decriminalization of criminal offenses is an important step in reforming the legal system aimed at reducing the level of repressive state policy and reducing the burden on penitentiary institutions.
On August 9, 2024, the Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses and Some Other Laws of Ukraine Regarding Strengthening Liability for Petty Theft of Someone Else's Property and Regulation of Certain Other Issues of Law Enforcement Activities" No. 3886-IX dated July 18, 2024 entered into force. year in Ukraine, which decriminalized petty theft, which will lead to the release of thousands of people from punishment. This step was aimed at humanizing the justice system and more efficient use of public resources. Decriminalization is expected to release approximately 3,000 people from prisons.
The amount of theft, the conviction for which is subject to decriminalization
The decriminalization of theft refers to cases when the amount of stolen property does not exceed the legal minimum. For 2024, this amount is up to 3,028 hryvnias.
Accordingly, the theft of property in 2024, the value of which does not exceed this threshold, is now punishable only by administrative sanctions, and not by criminal liability.
Retrospective analysis shows that the value of property for the theft of which criminal liability arises has changed and is:
These amounts are determined on the basis of the subsistence minimum for able-bodied persons established on January 1 of the year in which the theft was committed.
For 2021 - 2,270 hryvnias.
For 2022 - 2,481 hryvnias.
For 2023 - 2,684 hryvnias.
For 2024 - 3028 hryvnias.
Can a person who is in prison for committing theft in April 2022 in the amount of UAH 2,000 be released from serving his sentence?
Thus, a person who is in prison for committing theft in the amount of UAH 2,000 in April 2022 may be released from serving his sentence. This is possible because committing theft of such an amount was decriminalized in 2022. According to the latest changes in the legislation, criminal liability arises only for thefts in the amount that exceeds a certain threshold (in 2022, such a threshold is UAH 2,481), established at the time of the act. In the case of theft in the amount of UAH 2,000 in April 2022, this threshold was not reached, which makes it possible to release the convicted person from serving the sentence based on the decriminalization of such an act. The initiative for release can come from the convicted person himself or his lawyer, who must submit a corresponding petition to the court.
Subjects initiating release from serving a sentence as a result of decriminalization
The law of Ukraine does not provide for a mandatory initiative on the part of state bodies, institutions or officials to release persons convicted of acts whose criminality has been eliminated by legislation. This means that the responsibility for initiating the release process rests with the convicted person and his lawyer.
The procedure for release from serving a sentence
Exemption of a convicted person from punishment or further serving it, replacement with a milder one, as well as mitigation of the imposed punishment, except for exemption from punishment or mitigation of punishment on the basis of the law of Ukraine on amnesty or the act of pardon, can be applied only by the court in cases, provided for by this Code.
The idea of a convicted person to exercise the right to release from serving a sentence may continue through the following stages:
- Legal advice on dismissal. A lawyer, providing consultation on the issue of release, analyzes all the circumstances of the case to assess the possibility of release from criminal liability or from punishment. It identifies the reasons for release from prison, provides recommendations for release, and explains what is required for release.
Submitting a petition to the court. The process of release from prison usually begins with the initiative of the convicted person, who can independently or with the help of a lawyer prepare the necessary documents and submit them to the court. A professional lawyer, knowing all the stages of release, helps to achieve the desired result as quickly as possible - freedom from prison.
Court decision on release from serving the sentence. The decision on release from punishment is made by the court, upon the application of the lawyer or the convict himself. The court reviews the case and makes a decision on dismissal, which must be executed immediately after its announcement.
Participation of a lawyer in the process of release from serving a sentence
It is important to get professional legal help to successfully determine possible grounds for parole. This assistance may include the following legal services:
Verification of documents by a lawyer.
The lawyer carries out a thorough review of all documents related to the case of the convicted person in order to identify possible legal grounds for release. This includes the analysis of court decisions, documents of penitentiary institutions and other important materials that may affect the release process.
Legal opinion of the lawyer.
The lawyer prepares a legal opinion in which he assesses the chances of dismissal and provides recommendations on further actions. This may include analyzing changes in the law affecting the case and determining the procedural steps necessary for a release.
Legal analysis of the situation.
Includes a comprehensive consideration of the case, taking into account all its aspects that may affect the possibility of dismissal. The lawyer studies all the circumstances and develops a strategy to protect the interests of the convicted person.
Lawyer's help online.
If necessary, the lawyer provides consultations and assistance remotely. This is especially useful for convicted persons or their relatives who cannot meet with a lawyer in person.Such assistance may include consultations, analysis of documents and preparation of motions.
Consultation of a lawyer.
An in-person meeting or online consultation during which the attorney provides detailed guidance on dismissal. This allows the convicted person to understand his rights and options for release.
Written consultation.
A written form of consultation, which includes an analysis of the case and recommendations for further actions. This is convenient for individuals who wish to have an official document for future reference.
Consultation of a lawyer.
The lawyer provides recommendations on the legal aspects of the dismissal, including the procedure, required documents and possible obstacles. Counseling helps the convicted person to make informed decisions.
Legal opinion.
A legal opinion includes an official assessment of the case based on current legislation and court practice. It can be used as a basis for filing a motion for dismissal.
Analysis of documents.
Lawyers carry out a detailed analysis of the available documents, which makes it possible to identify any shortcomings or opportunities that can be used for dismissal.
Drafting of procedural documents.
Legal support in the preparation and submission of all necessary documents to the court and other institutions. This includes drafting the pleadings, requests, and complaints necessary for dismissal.
Lawyer online.
Professional support from a lawyer, available online, to ensure continuous legal support of the case. This service allows you to quickly solve issues related to dismissal.
Lawyer online. Online legal advice and assistance provides flexibility and affordability of legal services, which can be critical in the dismissal process.
The use of these legal services will help the convicted person to correctly determine the grounds for release and ensure a successful completion of the process.
Does the convict need to initiate the process of release from serving the sentence after the decriminalization of petty theft?
Thus, the convict must initiate the process of release from serving the sentence after the decriminalization of petty theft. Ukrainian legislation does not impose an obligation on state bodies or institutions to automatically release convicts in case of decriminalization. Therefore, the initiative must come from the convict himself or his lawyer. For this, it is important to get professional legal assistance, which includes a legal analysis of the situation, preparation of documents and petitioning the court for dismissal.
What legal services can a lawyer provide to a convicted person for release from punishment as a result of the decriminalization of petty theft?
A lawyer can provide a number of legal services to help a convicted person in the process of release from punishment. Among them:
Verification of documents by a lawyer is a thorough analysis of the case and documents to determine the grounds for dismissal.
A lawyer's legal opinion is an official assessment of the possibilities for release and recommendations for further action.
Lawyer's help online - support in remote mode for preparation of documents and consultations.
A lawyer's consultation is a personal or online consultation with an explanation of the rights and opportunities of the convicted person. These services help determine the grounds and procedure for release, providing proper legal support in the decriminalization process.
Decriminalization of petty theft is an important stage in the reform of the criminal system of Ukraine. It not only reduces the burden on penitentiary institutions, but also contributes to the humanization of justice. A lawyer plays a key role in the release process, providing the convict with the necessary legal support and assistance in getting out of prison. The price of a release from prison lawyer depends on the complexity of the case and the amount of services provided, but his involvement is crucial to achieving a positive result.
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