Publication date: 02.06.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Theft is one of the most common crimes against property. In Ukraine, this crime is regulated by Article 185 of the Criminal Code of Ukraine (CCU), which provides for liability for the unlawful taking of property. In this article, we will take a closer look at the qualification of theft under Ukrainian law and the peculiarities of law enforcement.
Criminal Code of Ukraine: Article 185
Article 185 of the CCU defines theft as a secret theft of another's property. This article is divided into several parts, each of which provides for different circumstances of the crime and the corresponding level of punishment.
Part 1 of Article 185 of the CCU
Part 1 of Article 185 of the CCU provides for liability for theft committed without aggravating circumstances. The punishment for this offence may include a fine, community service, correctional labour, arrest or imprisonment for up to three years.
Article 185(2) of the CCU
Part 2 of Article 185 of the CCU establishes a more severe penalty for theft committed repeatedly or by prior conspiracy by a group of persons. Such actions are punishable by imprisonment for a term of three to six years.
Article 185(3) of the CCU
Part 3 of Article 185 of the CCU provides for liability for theft combined with breaking and entering into a dwelling, other premises or storage facility or causing significant damage to the victim. This offence is punishable by imprisonment for a term of three to six years.
Part 4 of Article 185 of the CCU
Article 185(4) of the CCU provides for liability for theft committed on a large scale or by an organised group. The punishment for this offence may include imprisonment for a term of five to eight years.
Article 185(5) of the CCU
Part 5 of Article 185 of the CCU provides for liability for theft committed on a particularly large scale or by an organised group, which caused particularly grave consequences. This crime is punishable by imprisonment for a term of seven to twelve years with confiscation of property.
Peculiarities of theft classification
The classification of thefts depends on many factors, including the method of committing the crime, the repetition of actions, the amount of damage caused, and whether the crime was committed by an organised group. It is also important to take into account the circumstances of the breaking and entering, which significantly affects the qualification and level of punishment.
If you are facing a burglary charge or have been a victim of this crime, contact the professional criminal lawyers at Consultant.net.ua. Our experienced lawyers, including a theft lawyer, will provide you with qualified legal assistance. A lawyer under Article 185 of the Criminal Code will help protect your rights and interests by providing the most effective defence in court. Lawyer for 185 of the Criminal Code.
Conclusion
Qualification of theft under Article 185 of the Criminal Code of Ukraine is a complex process that requires consideration of many factors and circumstances. The correct qualification of the crime is crucial for determining the appropriate punishment and ensuring justice. Effective legal assistance is an integral part of the process of protecting the rights of both suspects and victims, and therefore seeking legal counsel is an extremely important step in such cases.
