Publication date: 29.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Fraud is one of the most common crimes infringing on the property interests of individuals and organisations. According to Article 190 of the Criminal Code of Ukraine (CCU), fraud is the misappropriation of another's property or the acquisition of rights to property by deception or breach of trust. In this article, we will consider the main types of fraud and their qualification under Ukrainian criminal law.
Types of fraud
- Classic fraud - involves the acquisition of property or funds of another person through deception or breach of trust. This may include the sale of non-existent goods, forged documents, false promises, etc.
- Financial fraud - includes crimes such as bank card fraud, loan fraud, investment fraud, and pyramid schemes. Such actions are usually aimed at obtaining large sums of money from many victims.
- Internet fraud - crimes committed via the Internet. This can include phishing, identity theft, fraudulent online stores, and social media scams. With the development of digital technologies, this type of fraud is becoming more widespread.
- Real estate fraud - includes fraud with real estate documents, the sale of other people's or non-existent properties, and double selling. Such crimes are often accompanied by forgery and the use of proxies.
- Insurance fraud - This type of fraud involves deceiving insurance companies in order to obtain insurance payments. Criminals may stage accidents, set fire to their own property or claim non-existent losses.
Classification of fraud under the Criminal Code of Ukraine
Fraud is classified under Article 190 of the Criminal Code of Ukraine. Depending on the circumstances of the case and the amount of damage caused, the law provides for different degrees of punishment:
- Article 190(1) of the CCU: Fraud that caused minor damage is punishable by a fine of up to fifty tax-free minimum incomes, or community service for up to two hundred and forty hours, or correctional labour for up to two years, or restraint of liberty for up to three years.
- Article 190(2) of the CCU: Fraud committed repeatedly or by prior conspiracy by a group of persons is punishable by restraint of liberty for up to five years or imprisonment for the same term.
- Article 190(3) of the CCU: Fraud that caused significant damage is punishable by imprisonment for a term of three to eight years.
- Article 190(4) of the CCU: Fraud committed on an especially large scale or by an organised group is punishable by imprisonment for a term of five to twelve years with confiscation of property.
Fraud cases are often complex and intricate, requiring a professional approach. On the Consultant.net.ua website, you can find experienced attorneys specialising in criminal cases, including fraud under Article 190 of the Criminal Code of Ukraine. A qualified lawyer for fraud under Article 190 of the Criminal Code of Ukraine will provide you with professional assistance in protecting your rights and interests at all stages of the investigation and trial. If you need a fraud lawyer or a lawyer under Article 190 of the Criminal Code of Ukraine, please contact us for qualified legal support.
Conclusion
Fraud is a serious crime that causes significant harm to both individuals and society as a whole. Ukrainian legislation provides for severe penalties for this type of crime, as well as various methods of its qualification depending on the circumstances of the case. Qualified legal assistance is essential for the effective protection of the rights and interests of victims, as well as for the provision of adequate defence to suspects. Consult a professional to ensure that you receive a fair and lawful hearing.
