Liability under Article 129 of the Criminal Code - Legal aid
Crimes against life and health are among the most serious and difficult for legal qualification. They provide for a variety of sanctions, including life imprisonment as the most severe punishment. Depending on the circumstances, the situation of the accused may change for the better or for the worse.
Any threat from another person is considered a form of psychological violence that leaves its mark even on an adult and mentally healthy person. Liability for such actions is provided by law, in particular, Article 129 of the Criminal Code of Ukraine (with comments) describes in detail all aspects of this crime.
What liability is provided for death threats?
Not every threat can be classified as a criminal offense. In order for the threat to have an illegal nature, it must be real, that is, cause a person strong mental excitement, anxiety or disturbance of peace.
Article 129 of the Criminal Code of Ukraine provides for responsibility for threatening to kill. If the act is qualified under this article, the accused may face arrest for up to 6 months, restriction of liberty for up to 2 years, or imprisonment for a term of 3 to 5 years.
The main feature of a criminal offense is the reality of the intention to commit a crime. If the victim doubts the possibility of carrying out threats, there is no composition of the crime.
It should be noted that Article 129 of the Criminal Code does not provide for liability for threats of bodily harm, damage to property, etc.
If the threat was expressed clearly and completed, responsibility arises regardless of the motives that guided the offender.
What evidence must be provided to prosecute a person for threats?
For pre-trial investigation bodies and the court, only physical evidence is important, so the victim should take all necessary measures to collect and preserve it.
Evidence includes:
- letters, telegrams, SMS messages containing threats;
- records of telephone calls or dictaphone recordings of conversations;
- testimony of witnesses;
- the weapon used to make the threats.
As already mentioned, criminal law provides liability for threats to kill. Instead, threats of physical violence or damage (destruction) of personal property may be classified as petty hooliganism. In such a case, if there is an offense, an administrative protocol will be drawn up under Art. 173 KUpAP.
Consultation with a lawyer in case of receiving threats
If you have received threats and fear for your health, life or property, seek professional legal assistance from the lawyers of Turii and Partners. We will help assess the legal situation and develop an effective action plan.
It is important for us to get as much information as possible from you about:
- time and date of threats;
- the person who carried them out;
- detailed content of threats.
A lawyer will help you make a statement to the police. If criminal proceedings are not opened, he can appeal this decision to the prosecutor's office. At the request of the client, we can also represent interests in court.
The importance of legal support when receiving threats
Legal support when receiving threats is extremely important, as a professional lawyer can provide an objective legal assessment of the situation, help collect and correctly form evidence confirming the fact of threats, and also develop an effective action plan. This includes making a statement to the police, challenging the refusal to initiate criminal proceedings and representing the client's interests in court. Qualified legal assistance ensures proper protection of the rights and safety of the victim, and also contributes to an effective solution to the situation.
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Crimes against life and health are among the most serious and difficult to legally qualify, as they can involve severe sanctions, including life imprisonment. Threats, as a form of psychological violence, can significantly affect the victim, even if the threats have no real threat of execution. The Criminal Code of Ukraine provides for liability for threats to kill, but in order to qualify the threat as a criminal offense, it must be real and cause alarm. It is important to provide reliable physical evidence, such as letters, recordings of conversations, statements and weapons used to make threats. Legal support in such cases is critically important for proper collection of evidence, making a statement to the police, challenging the refusal to open criminal proceedings and protecting the rights of the victim in court. By contacting a lawyer, you receive not only a legal assessment of the situation, but also professional support in all aspects of the case, which ensures effective protection of your rights and safety. Removal of arrest from accounts, criminal proceedings, closing of a criminal case, pre-trial defense of a lawyer, a lawyer in court, criminal process, pre-trial defense.
