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
Burglary is one of the most serious types of theft, as it violates not only the property rights of citizens, but also their privacy and security. In this article, we will look at the specifics of the qualification of such a crime under the Criminal Code of Ukraine and analyse the court practice related to the consideration of such cases.
Qualification of burglary
Burglary is classified under Article 185(3) of the Criminal Code of Ukraine (CCU). This type of crime is characterised by several important elements:
- Breaking and entering: Breaking and entering involves the unauthorised entry into premises used for permanent or temporary residence. This can be an apartment, house, hotel room, etc.
- Intent: The offender must intend to steal the property. Without this element, the actions cannot be classified as theft.
- Violation of property rights: The offender appropriates another's property, causing damage to the owner.
Features of qualification
Burglary is a qualified type of theft, which significantly increases the degree of responsibility for such a crime. According to Article 185(3) of the CCU, the punishment may include imprisonment for a term of three to six years. However, the court may take into account the circumstances of the case, such as the amount of damage caused, the identity of the offender (age, previous convictions, etc.) when determining the penalty.
Court practice
An analysis of court practice shows that courts consider several important aspects when considering burglary cases:
- Evidence of breaking and entering: Courts carefully assess the evidence that confirms the fact of breaking and entering. This may include witness statements, traces of breaking and entering, video recordings, etc.
- Circumstances of the crime: The circumstances in which the crime was committed play an important role. For example, the presence of violence during the break-in may be an aggravating circumstance.
- The nature and amount of the stolen property: Courts assess the value of the stolen property and its significance to the victim.
Protection of the rights of the accused and victims
Lawyers play an important role in burglary cases. Both the accused and the victims need professional defence. Lawyers help ensure that all legal procedures are followed, evidence is collected, and clients' interests are represented in court.
If you are facing charges of burglary or have been a victim of such a crime, contact the experienced criminal lawyers at Consultant.net.ua. Our professional lawyers, including a burglary lawyer, will provide you with qualified legal assistance and protect your rights in court. A lawyer under Article 185 of the Criminal Code will provide you with reliable protection and help you solve your legal problems. Lawyer for 185 of the Criminal Code.
Conclusion
Burglary is a serious crime that requires a thorough investigation and a professional approach to protecting the rights of both the accused and the victims. The qualification of such a crime under Article 185 of the CCU and the analysis of court practice indicate a high degree of responsibility for its commission. Successful resolution of the case is possible only with the involvement of qualified lawyers who will help protect your rights and interests.
