Publication date: 06.06.2024
What is the criminal liability for abuse of power?
Abuse of power or official position is one of the most common and dangerous crimes in the sphere of official activity. A criminal defense lawyer or criminal defense lawyer is often retained to protect the rights and interests of individuals accused of this crime.
The Criminal Code of Ukraine provides for liability for abuse of power or official position in Article 364. This crime consists of the conscious, for selfish motives or other personal interests, use by an official of power or official position contrary to the interests of the service, if this caused significant harm to the rights protected by law, freedoms and interests of individual citizens or state or public interests.
The punishment for this crime can be quite severe - from a fine to imprisonment for a term of three to six years, with or without confiscation of property. If the abuse of power has led to serious consequences, the punishment may be increased to imprisonment for a term of seven to ten years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years and with confiscation of property.
A lawyer in criminal cases involving abuse of power must carefully study all the circumstances of the case and collect the necessary evidence to defend the client. His role is to ensure that the rights and freedoms of the client are properly respected, as well as to seek opportunities for mitigation of punishment or even acquittal.
The cost of a criminal defense lawyer depends on many factors, such as the complexity of the case, the reputation of the lawyer and the region. However, despite the cost, in cases of abuse of power, professional legal assistance is extremely important, since this crime can lead to serious consequences, including long-term imprisonment.
It is important to remember that abuse of power is not a serious crime like murder, rape or robbery, but it can still cause significant damage to government or public interests, as well as the rights and freedoms of citizens. Therefore, the lawyer must carefully approach the consideration of the case and ensure proper protection of the client’s rights.
If a person has been illegally detained or taken into custody in connection with an abuse of power case, a criminal defense lawyer can help with the arrest being lifted and the client's violated rights restored. Criminal law provides clear procedures and guarantees for the protection of the rights of citizens, and the lawyer must monitor their compliance.
Consequently, criminal liability for abuse of power or official position can be quite severe, including long-term imprisonment and confiscation of property. Therefore, the involvement of a qualified criminal lawyer is necessary to ensure proper protection of the rights and interests of the accused in such complex cases.
