- 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.
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Lawyer 153 CCU Sexual violence
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Written legal analysis2 UAH 13,200.00
Sexual violence: Legal aspect
Sexual violence is a serious crime that requires immediate intervention and legal support. This article examines the legal stages of a lawyer's work, conditions for providing and not providing services, how to deal with issues on your own, common questions, and factors affecting the cost of a lawyer's services.
St. 152 153 kku:
Article 152. Sexual acts with a person who has not reached the age of 16
Sexual acts with a person who has not reached the age of sixteen is punishable by imprisonment for a term of three to five years.
The same actions taken:
a) pedophile;
b) using a material or official position;
c) repeatedly or with a group of persons;
d) using mental or physical violence;
e) using an important trust - shall be punished by deprivation of liberty for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such.
Article 153. Coercion to sexual acts
Forcing another person to have sexual acts or to other acts of a sexual nature, used with violence or under the threat of violence, -
is punishable by imprisonment for a term of three to eight years.
The same actions taken:
a) repeatedly or with a group of persons;
b) using official or material position;
c) using mental or physical violence;
d) using an important trust - shall be punished by imprisonment for a term of five to ten years.
These articles of the Criminal Code of Ukraine impose responsibility for sexual crimes, including crimes against minors and sexual coercion.
Article 153. Coercion to sexual acts
153 h 1 of the Civil Code
Forcing another person to have sexual acts or to other acts of a sexual nature, used with violence or under the threat of violence, -
shall be punished by imprisonment for a term of three to eight years.
153 h 2 of the Civil Code
The same actions taken:
a) repeatedly or with a group of persons;
b) using official or material position;
c) using mental or physical violence;
d) using an important trust - shall be punished by imprisonment for a term of five to ten years.
According to Article 153 of the Criminal Code, criminal liability is defined for forcing another person to perform sexual acts. Punishment depends on the circumstances of the crime, such as recidivism, use of violence or breach of trust.
Legal stages of a lawyer's work
1. Initial consulting
The first stage includes an initial consultation, where the victim can talk about his situation under Article 153 of the Criminal Code. The lawyer will provide general information about the legal processes that may be involved.
2. Collection of evidence
A lawyer helps in gathering evidence, which may include medical certificates, witness statements, photo and video materials. It is important to ensure that all evidence is properly preserved.
3. Application submission
After collecting evidence, a lawyer helps to prepare and submit a statement to law enforcement authorities. This includes the preparation of all necessary documents.
4. Legal support
The lawyer provides support at all stages of the investigation and trial, including representation of the victim's interests in court.
5. Post-trial support
After the legal process is over, a lawyer can help with damages and other legal aspects.
Terms of service
1. Legal grounds
The service is provided if there are legal grounds, that is, when there is a suspicion of sexual violence. The victim must provide evidence or testimony that can confirm the fact of the crime.
2. Customer cooperation
It is important that the client is willing to cooperate with the lawyer by providing the necessary information and evidence. Cooperation is key to successful business.
Conditions of non-provision of services
1. Lack of evidence
If there is insufficient evidence to confirm the fact of sexual violence, the lawyer may refuse to provide services.
2. Refusal to cooperate
If the client refuses to cooperate or provide the necessary information, the lawyer may stop providing services.
How to figure it out yourself
1. Study of legislation
You can start on your own by studying the relevant legislation that regulates the issue of sexual violence. This will help you understand your rights and opportunities.
2. Collection of evidence
Start collecting evidence yourself: save all messages, photos, medical records. This may be useful in further investigation.
3. Search for support
Contact organizations that provide assistance to victims of sexual violence. They can provide both psychological and legal support.
Frequently asked questions
1. Can I contact a lawyer anonymously?
Yes, you can contact a lawyer anonymously for an initial consultation. However, your personal data will be needed for further management of the case.
2. What evidence can be used?
Medical certificates, witness statements, photo and video materials, telephone recordings and messages can be used as evidence.
3. How long does the legal process take?
The duration of the court process depends on the complexity of the case and the workload of the court system. Usually it is can take from several months to several years.
What does the cost of a lawyer's services depend on?
1. The complexity of the case
The more complex the case, the more time and resources a lawyer needs, which affects the cost of services.
2. Experience as a lawyer
Experienced lawyers can command higher rates because of their expertise and past successful cases.
3. Geographical location
The cost of services may vary depending on the region. Rates are usually higher in big cities than in smaller towns.
4. Additional costs
Additional costs may be added to the cost, such as court fees, examination costs and other related costs.
Sexual violence is a serious problem that needs immediate intervention and legal support. Knowledge of legal stages, terms of service provision, as well as understanding the cost will help victims better navigate a difficult situation and protect their rights.
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