Publication date: 05.06.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
Secret theft of someone else's property (theft) is a crime for which a fine of one thousand to three thousand non-taxable minimum incomes of citizens or public service for 80 to 240 hours, or correctional work for a term of up to two years, or probation supervision for a term of up to five years, or restriction of freedom for the same term. Repeated or conspired theft is punishable by probation supervision for a period of three to five years, restriction of liberty for a period of up to five years, or deprivation of liberty for the same period. Theft, which is combined with breaking into a home, other premises or storage, or causes significant damage to the victim, is punishable by imprisonment for a term of three to six years. Theft, committed on a large scale or during a state of war or state of emergency, is punishable by imprisonment for a term of five to eight years. Theft, committed on a particularly large scale or by an organized group, is punishable by imprisonment for a term of seven to twelve years with confiscation of property.
This part of the code defines the so-called "surreptitious kidnapping", when the guilty person tries to commit the theft in such a way that the victims or others do not notice it. For example, this may refer to thefts that are committed without the presence of any persons, or in the presence of the victims, but with such a circumstance that they do not notice the crime (for example, due to distance or due to conditions that obscure their attention). Also, it can include thefts that are committed in the presence of victims, but in such a way that they do not notice the actions of the criminal (for example, pickpocketing).Secret kidnapping can also take place in cases where it is carried out in the presence of the victim or other persons who, due to a physiological or mental state (for example, sleep, intoxication, minors, mental illness), do not understand the fact of illegal seizure of property and cannot correctly assess its nature and meaning. It can also refer to situations when outsiders observing the event do not realize the criminal nature of the perpetrator's actions, believing that he has the right to dispose of the property. The perpetrator can use various means (for example, documents, special clothing or transport) in order to create the impression of the legality of his actions in these persons. In such cases, if deception is not a method of illegal seizure of property, these actions are not considered fraud and are subject to qualification in accordance with Article 185 of the Criminal Code of Ukraine.
The subjective side of theft consists in the direct intent to seize someone else's property. The perpetrator must be convinced that his actions are carried out in secret from the victim or other persons who have the right to the property, or that they will not notice it. This can apply to various situations: when there are no bystanders, when they are present but do not notice the actions of the perpetrator, or when they clearly see the event, but do not understand what is happening. The subjective side also includes the presence of a selfish motive, that is, the desire to benefit from the stolen property.
Theft, from a lawyer's point of view, can be a difficult case to defend.A lawyer must take care to ensure that his client is adequately protected and determine a strategy aimed at reducing possible consequences. To do this, he can analyze all the circumstances of the case, check the evidence and follow procedural rules. A lawyer may also look for opportunities to strike a deal with the prosecutor or other ways to reduce his client's sentence. It is important that a lawyer represents the interests of his client effectively and professionally within the limits of the law.
# Lawyer for Theft # Lawyer for 185 of the Criminal Code #
