Publication date: 29.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Normative base:
a) Criminal Code of Ukraine: According to this legislation, theft is defined as the illegal appropriation of someone else's property, committed by possessing, using or disposing of property without the consent of its owner. The Criminal Code establishes different types of theft and determines different forms of punishment for them depending on the value of the stolen property and other circumstances of the case.
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b) Classification of theft: Depending on the value of the stolen property and other circumstances, theft can be classified as simple theft or theft in particularly large amounts. A more severe punishment is provided for theft in particularly large amounts.
c) Punishment for theft: Punishment for theft may include conditional or real imprisonment, fine or community service. The choice of punishment depends on the court and takes into account the circumstances of the case, recommendations of the prosecutor and the defense.
d) Special circumstances: The court takes into account the special circumstances of the case when determining the punishment for theft. For example, the recurrence of thefts, causing great harm to the victim, the way the crime was committed and other circumstances can affect the choice of punishment.
e) The possibility of mitigation of punishment: The law provides for the possibility of mitigation of the punishment for theft in case of voluntary admission of guilt, cooperation with law enforcement agencies, compensation for damages or other actions that indicate repentance and readiness to compensate for the crime.
Here is the extended second part of the legal advice:
2. Cooperation with bodies:
a) Cooperation with law enforcement: A key aspect of reducing the penalty for theft is cooperation with law enforcement. The accused may cooperate by providing important information, assisting in the investigation, or even helping to identify others involved in the crime.
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legal analysis of the situation to understand the chances of reducing the sentence.
b) Making a settlement agreement: In some cases, especially if there are certain circumstances and evidence, the accused may try to make a settlement agreement with the victim. This may include compensation for damages or other mutually beneficial terms. The conclusion of a settlement agreement can help to reduce the punishment or receive a lighter sentence.
c) Testimony and cooperation during the investigation: The accused may actively cooperate with law enforcement agencies during the investigation. This may include providing important information, pleading guilty, and assisting in the investigation of the crime. The court can take into account cooperation during the investigation as a positive point when determining the punishment.
d) Presentation of cooperation as a positive circumstance: During the consideration of the case, the court may take into account the cooperation of the accused with the law enforcement agencies as a positive circumstance. This can influence the sentence and contribute to a mitigation of punishment, in particular by imposing a less severe sentence or using alternative forms of punishment, such as probation or community service.
Participation of a lawyer:
Having an experienced attorney involved can be key to reducing your sentence. Also legal opinion of the lawyer is the most complete and well-founded consultation
A lawyer can provide professional legal assistance, develop a defense strategy, and represent the interests of the defendant in court proceedings.
lawyer's help online can also help discuss the possibility of entering into a settlement agreement with the victim, which may contribute to a reduced sentence
