Publication date: 25.04.2024
Лоер
The role of a lawyer under Article 185 of the Criminal Code: A professional approach to criminal cases of theft
Introduction
Article 185 of the Criminal Code of Ukraine (hereinafter - the Criminal Code) provides for criminal liability for a crime based on theft. In this regard, the role of a lawyer in cases related to this article is particularly important. This article examines the lawyer's professional approach to the case of theft in the context of the provisions of Article 185 of the Criminal Code.
Understanding the essence of Article 185 of the Criminal Code
A lawyer specializing in criminal law cases must have a deep understanding of the essence of Article 185 of the Criminal Code. This includes knowledge of the criteria that determine theft, as well as the mechanisms for applying appropriate criminal liability.
Theft, as defined in the law, means the secret theft of property belonging to another person. "Secret" means an action that was done in such a way that no one, except the guilty person, would notice. This may refer to cases when the perpetrator acted in such a way that the victim or other persons could not notice it, or when they were present, but the perpetrator believed that he was acting invisibly for them.
Taking property without the permission of the owner in the presence of the victim or other persons, but the culprit was not aware of it, is also considered theft. This can be, for example, in cases where persons who could notice the abduction were at a certain distance.
Theft is considered completed from the moment when the property was unlawfully taken, and the guilty person got the opportunity to dispose of it (keep it, transfer it to other people, use it, etc.).Also, it is important to note that theft can be recognized even if the victim or other persons were not aware of the fact that the property was taken due to their physiological or mental state, such as sleep, intoxication, minors or mental illness.
A person who has reached the age of 14 can be the subject of a criminal offense for theft. The subjective side of this crime consists in the direct intent to seize someone else's property, while a self-interested motive is a mandatory feature.
In addition, the qualified types of theft are its repeated commission, according to a prior conspiracy, by a group of persons, in large or especially large sizes, in conditions of war or a state of emergency, by an organized group, combined with breaking into a dwelling, other premises or storage, as well as theft that causes significant damage to the victim.
Protection of the rights of the suspect or the accused
A lawyer is obliged to ensure full protection of the rights of his client - a suspect or accused of committing a crime under Article 185 of the Criminal Code. This includes analyzing evidence, formulating a defense strategy, and representing the client's interests at trial.
Mediation and participation in the investigative process
According to Article 185 of the Criminal Code, a lawyer must skillfully negotiate with law enforcement agencies and other parties involved in the case, with the aim of achieving mediation or other forms of conflict resolution. Also important is the lawyer's participation in the investigative process, ensuring the client's rights to time during interrogations and other investigative actions.Representation during court proceedings
Therefore, a theft lawyer has the right to represent his client's interests during the trial under Article 185 of the Criminal Code. He is obliged to present a reasoned defense, as well as to comply with procedural rules and requirements of the law.
Conclusion
The role of a lawyer under Article 185 of the Criminal Code in theft cases is to ensure full protection of the rights of his client, including understanding the essence of the criminal offense, protecting the rights of the suspect or accused, mediation and participation in the investigative process, as well as representation during the trial. A lawyer under Article 185 of the Criminal Code must have in-depth knowledge of criminal law, professional skills and ethical principles in order to effectively defend his client's interests in court.
