Lawyer under Article 191 of the Code of Criminal Procedure, embezzlement of property

Misappropriation of other people's property. Legal support

Misappropriation of another's property is the unlawful taking of something that belongs to another person without their consent. This can include theft, embezzlement, fraud or any other act that results in a person's property becoming the property of another without their permission. In most jurisdictions, misappropriation of property is a crime and can have serious legal consequences, including fines and imprisonment.

Ukrainian criminal law also provides for criminal liability for misappropriation of property. This crime may be classified as theft (Article 185 of the Criminal Code of Ukraine), fraud (Article 190), embezzlement (Article 191 of the Criminal Code of Ukraine), or other crimes depending on the circumstances and method of commission. The penalty for misappropriation of another's property may include fines, suspended or real imprisonment, depending on the severity of the offence and other circumstances.

Embezzlement is also a crime under Ukrainian criminal law. It is usually defined as the unlawful destruction, damage or embezzlement of property belonging to another person without their consent. This can be done intentionally or recklessly, and in both cases it can be classified as a crime. The penalties for embezzlement may also include fines, suspended or real imprisonment, depending on the circumstances and the amount of damage caused.

Embezzlement of state property is an offence that consists in the unlawful destruction, damage, use or other damage to property belonging to the state or other public authorities without a proper legal basis or permission.

Ukrainian criminal law contains articles that provide for liability for misappropriation of other people's property. For example, the Criminal Code of Ukraine may contain a provision that criminalises the misappropriation, shortage or embezzlement of property belonging to the state or someone else if the property is under their custody, control or disposition.

The penalties for embezzlement of state property under Article 191 of the CCU can be severe, as it is considered a serious violation of the law and causes significant losses to the state or other public authorities. This may include fines, suspended or real imprisonment and other sanctions in accordance with the law.

Article 191(2) of the CCU establishes liability for embezzlement or misappropriation of property through abuse of office or authority. Here is the specific text of this part of the article: "Embezzlement or misappropriation of property through abuse of office or authority or negligence, if these actions caused significant damage to the state or citizens shall be punishable by imprisonment for a term of three to ten years with or without confiscation of property."

Thus, this part of the article provides for punishment in the form of imprisonment for a term of three to ten years with or without confiscation of property for embezzlement or misappropriation of property, if committed through abuse of office or official authority and caused significant damage to the state or citizens.

Legal stages of unlawful seizure of property:

When it comes to the legal aspects of violations such as misappropriation or embezzlement of property, the legal process may include several stages that may vary depending on the specific situation and the laws of the country. Here are the general legal steps that may be applicable:

• Collection of evidence: This stage involves gathering evidence and facts to support the alleged breach. This may include testimonies, documents, physical evidence, and other violation of the CCU Article 191.
• The suspect is served a notice of suspicion: After collecting sufficient evidence, the prosecutor or law enforcement agencies may declare a person suspected of committing a crime.
• Conducting an investigation: At this stage, a detailed investigation is conducted into the circumstances of the crime. This may include questioning of witnesses, examinations, searches and other investigative actions.
• Filing of charges: Once the investigation is complete, the prosecutor may file charges in court.
• Trial: The suspect has the right to a fair trial, during which the evidence will be considered and the circumstances of the offence under Article 191 of the CCU will be proved.
• Sentence and execution of the punishment: After the court verdict, a sentence may be imposed, such as fines, imprisonment or other sanctions that are enforceable.

Under what conditions can the service be provided?

Legal services on embezzlement of state property may or may not be provided depending on various conditions. Here are some general conditions that may affect the possibility of providing services

Conditions under which the service can be provided:

1. Concluded agreement: If there is an agreement between persons or organisations to provide a particular service for a fee or under other conditions . Paid price: If the customer has paid for the service in accordance with the terms of the contract or agreement.
2. Compliance: If the entity providing the service meets all the requirements necessary to provide the service (e.g., certifications, permits, etc.).
3. Absence of obstructive circumstances: If there are no circumstances that prevent the provision of the service, such as force majeure or the lack of capacity of the person or organisation to provide the service.

Under what conditions can the service not be provided?

Conditions under which the service on embezzlement of property on a large scale cannot be provided:

• Lack of agreement or consent: If there is no agreement between the parties to provide the service.
• Non-payment or non-payment of fees: If the client has not paid or is not paying the cost of the service in accordance with the terms of the contract.
• Non-compliance with requirements or regulations: If the person or organisation providing the service does not meet the requirements or standards necessary to provide the service.
• Force majeure circumstances: If the provision of the service is not possible due to force majeure circumstances such as natural disasters, wars, natural calamities, etc.

How to figure it out on your own?

Creating a legal analysis of Article 191 of the CCU on your own requires care and a systematic approach. Here are a few steps that can help you in this process:

1. Review the terms of the contract or agreement: Read the terms of the contract or agreement for the service. This may include the cost of the service, terms, service quality requirements, and other important details.
2.  Check the legislation: Make sure that the service is provided in accordance with the legal requirements of your country or region. If necessary, consult with specialists or lawyers. 
3. Pay attention to additional terms and conditions: Check if there are any additional terms or restrictions that may affect the service. This may include limitations of liability, cancellation terms, or other circumstances. 
4. Consult with experts: If you are unsure about any aspect of the terms of service, please contact a specialist in the relevant field or legal counsel for advice. 
5. Gather evidence and keep records: If there are any disputes or problems with the service, gather all necessary evidence and keep records of all events and interactions with the service provider. 
6. Consider alternatives: If you are not satisfied with the terms and conditions offered by the service provider, consider looking for alternative options or providers.

Frequently asked questions

What does the cost of services depend on?

If the case is complex and requires in-depth analysis, research and a large amount of time, the cost of services may be higher. a: Lawyers with extensive experience and a high level of qualification may charge higher rates for their services. Fees may depend on the size of the law firm or practice. Larger firms usually charge higher prices, but may have access to more resources and expertise.