Publication date: 25.04.2024
Лоер
The role of a lawyer in fraud cases under Article 190 of the Criminal Code: Professional approach and protection of the rights of suspects or accused persons
Introduction
Article 190 of the Criminal Code of Ukraine (hereinafter - the Criminal Code) defines responsibility for fraud. In this regard, the role of a lawyer in cases related to this article takes on special importance. This article examines the lawyer's professional approach to the case of fraud in the context of the provisions of Article 190 of the Criminal Code.
Understanding the essence of Article 190 of the Criminal Code
A lawyer specializing in criminal cases must have a deep understanding of the essence of Article 190 of the Criminal Code. This includes knowledge of the criteria that define fraud, as well as the mechanisms for applying appropriate criminal liability.
Fraud is a form of deception where a person known as a "fraudster" uses trickery to take money or property from other people. This type of crime is regulated by Article 190 of the Criminal Code. According to the prosecutor's office, fraud has become one of the most common types of fraud, and the number of such cases is increasing every year.
Fraud is defined as a form of self-interested property crime that does not involve physical violence. The term "fraud", used in Part 1 of Article 190 of the Criminal Code, means the appropriation of someone else's property or rights to it by means of illegal actions for the purpose of obtaining material benefit. In many cases, the victim voluntarily transfers money or property rights to the fraudster, acting with his own consent.The most common types of scams include the following:
Internet scams: This includes fundraising for charities (often using cloned websites of real foundations), luring bank customers to fake websites, pyramid schemes and offers of help in exchange for cash contributions.
Phone fraud: when fraudsters use false information (such as a relative's illness) to get the victim to hand over funds.
Fraud using "instant" lotteries, guessing the ball ("thimbles") and other games of chance.
Religious fraud and other forms of manipulation based on spirituality, which include sectarianism, shamanism and others.
Fraud regarding donations to support the Armed Forces of Ukraine, the military, refugees and migrants.
Obtaining credits or loans with subsequent withdrawal of funds to other accounts.
Protection of the rights of the suspect or the accused
Therefore, a lawyer under Article 190 of the Criminal Code is obliged to ensure full protection of the rights of his client - a suspect or accused of committing a crime under Article 190 of the Criminal Code. This includes analyzing evidence, formulating a defense strategy, and representing the client's interests at trial.
Fraud is defined in law through several main sources of law:
Article 190, Chapter VI "Crimes against property" of the Criminal Code of Ukraine.
Resolution of the Supreme Court analyzing and summarizing the practice of the courts' consideration of fraud cases (No. 10 dated 6.12.2009).
Code of Ukraine on administrative offenses.General issues related to the observance of human rights and freedoms, the effectiveness of the investigation and a fair trial are regulated by the practice of the European Court of Human Rights (ECtHR).
Mediation and participation in the investigative process
A lawyer under Article 190 of the Criminal Code must skillfully negotiate with law enforcement agencies and other parties involved in the case, with the aim of reaching 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
A lawyer has the right to represent his client's interests during a trial under Article 190 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 in fraud cases under Article 190 of the Criminal Code is to ensure the 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 190 of the Criminal Code must have in-depth knowledge of criminal law, professional skills and ethical principles in order to effectively defend the interests of his client in court.
