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Criminal liability for fraudulent actions

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 22.05.2024

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     Liability for fraud in Ukraine is regulated by the Criminal Code of Ukraine, and depending on the circumstances of the crime, the penalties may be different. Here is a summary of fraud liability based on the information provided:

 

                                                             Types of fraud and liability

 

    1. Possession of someone else's property or acquisition of the right to property by deception or abuse of trust (fraud):
Punishment: a fine of two thousand to three thousand non-taxable minimum incomes of citizens (NMDH), community service for a period of two hundred to two hundred and forty hours, correctional work for a period of up to two years, probation supervision for a period of up to three years, or restriction of freedom for the same term.

     2. Fraud committed repeatedly, or by prior conspiracy by a group of persons, or such that caused significant damage to the victim:
Punishment: a fine of three thousand to four thousand NMDH, correctional labor for a term of one to two years, restriction of liberty for a term of up to five years, or imprisonment for a term of up to three years.

     3. Fraud committed during a state of war or state of emergency, which caused significant damage to the victim:
Punishment: a fine of four thousand to eight thousand NMDH, or imprisonment for a term of three to five years.

     4. Fraud committed on a large scale or through illegal transactions using electronic computing equipment:
Punishment: imprisonment for a term of three to eight years.

     5.Fraud committed on a particularly large scale or by an organized group:
Punishment: imprisonment for five to twelve years with confiscation of property.


                                                                          Aggravating circumstances


1. Repeated crime: committing a similar crime after a previous conviction for the same act.
2. Conspiracy of a group of persons: commission of a crime by a group of two or more persons by prior agreement.
3. Significant damage: damage that significantly exceeds the usual losses suffered by the victim.
4. Large size: the amount or value of property, which significantly exceeds the average income of citizens.
5. Particularly large size: the amount or value of the property, which significantly exceeds the large size.
6. Organized group: a stable group of persons systematically engaged in criminal activity.


Explanation of terms

    Non-taxable minimum income of citizens (NMDG): The amount established by law, which is used to determine the amount of fines. At the moment, it is 17 hryvnias in Ukraine.
    Community service: A type of punishment that requires the convict to perform work for the benefit of society without payment.
    Correctional work: A type of punishment in which the convict works at the main place of work, and part of his salary is withheld for the benefit of the state.
    Restraint: A type of punishment that provides for the isolation of a convicted person in a correctional center without deprivation of liberty.
     Probation supervision: Control over the behavior of the convict without isolation from society. These legal norms are aimed at ensuring justice and punishing persons who commit fraudulent acts, taking into account the degree of gravity of the crime and the circumstances of its commission.

 

#criminal lawyer # criminal lawyer # criminal lawyer # criminal lawyer # corruption crimes # murder #

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