- A description of the situation, which disturbs the legal analysis, is carried out.
- The circumstances of the case, the presence or absence of documents relevant to the situation are established.
- A full oral communication is conducted in order to establish all the necessary circumstances of the case.
- The client's expectations regarding the results of service provision are established.
- An analysis of the current legislation that regulates the problem is carried out.
- An analysis of judicial practice regarding this issue is carried out.
- The lawyer's personal experience in solving such or similar problems is described.
- The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem.
- Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
Fraud 190 CCU. Lawyer
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1
Written legal analysis2 UAH 13,680.00
Legal assistance for fraud
Fraud is when a person deceives or misleads another person in order to obtain an unlawful benefit. This can involve various types of deception, including forgery, pretence, the use of false information documents, and manipulating another person's emotions or trust. Fraudsters can operate in many different areas of life, including financial transactions, electronic communication, the sale of goods and services, and social media. This is an illegal activity that can have serious legal consequences for the fraudster and their victims.
In Ukraine, fraud is criminalised and regulated by the Criminal Code of Ukraine. Articles related to fraud may vary depending on the specific type of fraud and its consequences. Here are some of the possible articles:
190 OF THE CRIMINAL CODE. Fraud: This article defines fraud as a method of obtaining property or other material values by deception or breach of trust.
Article 190(1) of the CCU. Computer fraud: This article covers cases of fraud related to the use of computer technologies and the Internet.
Article 190 part 2 of the CCU. Financial fraud: This article deals with cases of fraud related to financial transactions, such as bank card fraud, forgery of financial documents, etc.
Article 190 3 of the CCU. Other fraud: This article covers other types of fraud that do not fall under the previous articles, but are criminal acts with the purpose of obtaining an unlawful benefit.
Legal stages:
The process of consideration of criminal cases in Ukraine under the Criminal Code of Ukraine fraud consists of several legal stages, which include:
- The beginning of the pre-trial investigation: This stage is initiated by a complaint, report or on the basis of detected offences by law enforcement agencies. During the pre-trial investigation, evidence is collected, investigative actions are carried out, and suspects are identified under the Criminal Code of Ukraine.
- Suspects are summoned for questioning: During this stage, suspects have the right to defence and may be questioned by investigators. Deciding on a preventive measure: If the suspects are held in custody, the court decides on the choice of a preventive measure (detention, bail, etc.). Trial: After the pre-trial investigation is completed, the case is sent to court. The trial includes a court hearing, examination of witnesses, discussion of evidence and arguments of the parties. Sentencing and deciding on the punishment: The court decides on the guilt of the suspect or accused and determines the punishment if found guilty. Appeal process under Article 190 of the Criminal Code of Ukraine - fraud: In case of disagreement with the court's decision, the parties have the right to appeal to a higher judicial authority to review the case.
- Execution of the sentence: After all the legal issues of Article 190 of the CCU related to the case are resolved, the sentence is implemented or the punishment is executed in accordance with the law.
Under what conditions can the service be provided?
The service of resolving the issue under Article 190 of the CCU may be provided under various conditions, which may be specified in the relevant contract or agreement between the service provider and the client. Here are some commonly used terms and conditions
- Payment: The client may be obliged to pay a certain amount for the provision of the service, which may be fixed or dependent on the volume of the service.
- Term: The agreement may specify the term for the provision of the service, which may be fixed or agreed by the parties individually. Service quality: The provider may be obliged to provide the service at a certain level of quality or in accordance with certain standards. Scope of the service: The agreement may specify the scope of the service to be provided, such as the number of goods or hours of operation. Cancellation terms: The agreement may set out terms and conditions for cancelling the service, including penalties or refunds.
Under what conditions can the service not be provided?
The service on the issue of Art. 190 fraud cannot be provided in the following cases:
- Insolvency: If the provider is unable to provide the service due to circumstances that prevent it from being performed, such as force majeure or an inability to physically or legally perform the service.
- Breach of contract: If one of the parties breaches the terms of the agreement, such as non-payment of fees or failure to meet obligations regarding the quality or scope of the service. Illegal activities: If a service involves illegal or unlawful activities, it cannot be provided in accordance with the law.
How to figure it out on your own?
Analysing the terms of service under Article 190 of the Criminal Code of Ukraine and determining whether they meet your needs and expectations can be important for successful interaction with the service provider. Here are a few steps that can help you understand them on your own
- Read the agreement or offer of services (fraud of the CCU): Get a copy of the agreement or offer of services and read it carefully. Pay attention to the terms and conditions, such as price, terms, scope of service, quality, and cancellation terms.
- Define your needs and expectations: Think about what exactly you need from this service and what your expectations are from the provider. What quality criteria are important to you? How much service do you need?
- Compare conditions with alternatives: Compare the terms of service with other similar offers on the market. This will help you understand whether the terms of the offer are competitive and meet your needs.
- Pay attention to the fine print and hidden terms: Carefully consider any hidden terms or fine print in the contract. Make sure you understand all the requirements and restrictions that may be included in the agreement.
Frequently asked questions
Question
190 of the Criminal Code of Ukraine, especially large amounts, what is the punishment?
Answer
Article 190 "Fraud" of the Criminal Code of Ukraine (CCU) provides for liability for various types of fraud. If the fraud is committed on an especially large scale, i.e. if the damage caused exceeds a certain amount (determined by law), it is punishable by five to twelve years in prison.
Question
How to protect yourself from fraudsters (190 of the Criminal Code of Ukraine - Internet fraud)?
Answer
To protect yourself from online fraudsters, especially in the context of Article 190 of the CCU (Internet fraud), you can take the following measures: Be careful with personal information: Never disclose your personal information (such as card numbers, passwords, etc.) on untrustworthy websites or in responses to questionable emails. Check the source of the information: Before responding to an email, make sure the sender is authentic. Avoid clicking on dubious links or opening attachments from unknown persons. Use reliable software: Install anti-virus and spam blocking software to prevent phishing attacks and other types of scams. Stay informed: Keep your knowledge of new types of fraud and how to protect against them up-to-date. Report suspicious activities under Article 190 of the Criminal Code of Ukraine: If you detect suspicious or fraudulent activity on the Internet, report it to the relevant law enforcement authorities or the support service of the Internet platform. How to report fraud under Article 190 of the Criminal Code of Ukraine? As for the ways to report fraud under Article 190 of the CCU, it can be done by contacting the police or other law enforcement agencies. It is best if you have concrete evidence or information about the crime committed so that the authorised bodies can start an investigation.
Question
How to recognise phishing attacks, Article 190 of the CCU?
Answer
When it comes to recognising phishing attacks and online fraudulent schemes, this may include carefully checking emails for unusual details, checking websites for security marks and remaining aware of typical fraud scenarios actively used online.
What does the cost of services depend on?
More experienced and highly qualified lawyers usually charge higher rates for their services. The cost of services may vary depending on the area of law in which the lawyer works. For example, lawyers who specialise in complex corporate matters may charge higher fees than those who practice general law.
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