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Expert in the field of criminal law. Specializes in crimes in the field of corruption, bribery, military activities, crimes in the financial sector and crimes against the foundations of national security. Assistance in the European Court of Human Rights and issues of international investigation.
A lawyer in the case of embezzlement of state property or funds
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+38 (093) 007-41-04Actions accompanied by the theft of state property or funds belong to crimes against private property. Most often, such actions are carried out by abuse of official position. For Ukraine, such matters are painful enough, especially in the conditions of a full-scale war. Unfortunately, over the past year, the number of criminal proceedings related to theft of state property or funds has increased significantly. Such illegal actions are reflected in Article 191 of the Criminal Code of Ukraine. If you need a lawyer for this article, the specialists of Prykhodko and Partners will be able to help you with this.
The objective side of criminal acts under Article 191 of the Criminal Code
Today, criminal offenses under Article 191 of the Criminal Code are the most widespread in the field of economic crimes.
The objective side of the composition of the crime under this article:
- Appropriation of someone else’s property. This is property that was owned by another person.
- Theft of state property.
- Possession of property/funds based on use of official position.
Among the qualifying features of the commission of this crime: repetition; committing in particularly large sizes; committing illegal acts by an organized group.
Most often, embezzlement of state property or funds is carried out by an official.
The main feature that distinguishes criminal actions related to the embezzlement of funds/state property from other similar crimes is the following: the property is in the possession or rightful possession of this person by virtue of his official position.
This crime is characterized by the presence of a selfish motive or direct intent. Law enforcement officers and investigative bodies must prove that such motives really existed.
Among the features of proving guilt under Article 191 of the Criminal Code is difficulty for the prosecution. It is necessary to remove and analyze a large amount of documentation, to carry out the necessary investigative actions. An economic examination must also be carried out, during which the following will be established: the amount of damages, the conduct of investigative actions, etc.
Who can be liable for the theft of state property?
When building the right defense strategy, you need to be guided, first of all, by whether you can be charged with any charges under the article on embezzlement of state property. Article 191 of the Criminal Code applies to persons who:
- They officially hold a position related to the circulation of trade and material values.
- They signed an agreement on consent to financial responsibility.
- The transfer of material responsibility is legally confirmed.
Secondly, it is necessary to distinguish between the concepts of “theft of property” and “appropriation of property”.
Theft of property consists in its illegal gratuitous alienation. Most often, this is the next stage after appropriation. The basis of the appropriation of property is the gratuitous illegal holding of property that was entrusted to the suspect.
Liability provided for embezzlement of state property/funds
Liability under Article 191 of the Criminal Code – restriction of freedom for a period of up to 5 years.
Alternative punishment under this article: deprivation of liberty for up to 5 years, ban on occupying certain positions, occupation for a period of up to 3 years.
The law provides for a more severe sanction in the presence of aggravating factors – deprivation of liberty for a term of 3 to 12 years. It is important: among the aggravating circumstances is the commission of criminal acts under the article on the theft of state property in conditions of emergency, in particular, wartime. Persons may be held liable under Article 191 of the Criminal Code for aiding/inciting such activities.
At the lawyer’s consultation, it is determined which position is best for the suspect to take in this case: admit guilt, compensate for the damage caused, prove his own innocence.
The following can help in cases of embezzlement of state property or funds:
- Refuting the presence of any signs of criminal activity (ie, proving the absence of embezzlement).
- No harm.
- Submission of a package of documents that will prove the guilt of the suspect/accused.
Important: proving a person’s guilt is the direct responsibility of the prosecution. A lawyer provides protection against the risk of criminal prosecution.
Specialists Prykhodko and Partners provide a full range of services under Article 191 of the Civil Code:
- Consultancy.
- Familiarization and analysis of case materials.
- Control over the legality of all actions of law enforcement officers.
- Appealing the decision of the investigating judge.
- Initiation of necessary investigative actions.
- Preparation of the client to participate in interrogations and court sessions.
The main goal of our activity is to obtain the desired result for the client. Reviews of our clients are the best indicator of the performance of our lawyers.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services in a case of embezzlement of state property or funds, fill out the form below.
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Expert in the field of criminal law. Specializes in crimes in the field of corruption, bribery, military activities, crimes in the financial sector and crimes against the foundations of national security. Assistance in the European Court of Human Rights and issues of international investigation.
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How to order the service? How do we work?
Our lawyers/attorneys study each case in depth and are ready to provide you with high-quality advice and support in a legal process or pre-trial investigation.
<strong>How to order the service:</strong>
- Application
- Calling a lawyer
and defining tasks - Contract and payment
- Consultation,
case analysis, specialist work
What is the price for a lawyer's consultation and assistance?
Price for services in the "Criminal law" category:
The name of the service | Price, UAH | Terms |
---|---|---|
Urgent departure of a lawyer to the place of investigation or seizure in Kyiv | from 20 000 UAH | 3 hours |
Urgent departure of the lawyer during the search | from 20 000 UAH | 3 hours |
Pre-trial investigation | from 200 000 UAH | 2+ months |
Protection of interests in criminal proceedings | from 80 000 UAH | individually |
Lawyer for criminal rights | from 60 000 UAH | individually |
Defense of the lawyer at the pre-trial investigation | from 80 000 UAH | individually |
Lawyer on bribes | from 200 000 UAH | individually |
DISOBEDIENCE, WILLFULLY LEAVING A MILITARY UNIT OR PLACE OF SERVICE | from 60 000 UAH | individually |
Drug lawyer | from 200 000 UAH | individually |
Computer Crime Lawyer – Cybercrime Lawyer | from 200 000 UAH | individually |
Lawyer at the European Court of Human Rights | from 200 000 UAH | individually |
Submission of an application to the European Court of Human Rights (ECtHR) | from 60 000 UAH | 2 weeks |
Extradition to Ukraine as part of criminal proceedings | from 80 000 UAH | individually |
from 20,000 to 400,000 UAH The price is valid for September 2024
Do you conduct consultations online or by phone?
We work throughout Ukraine and abroad, so many clients want to receive consultation remotely. If you are unable to come to our office in Kyiv for a consultation, we can conduct it for you online or by phone.
Do you provide free consultations?
No! All consultations and work by specialists of the criminal law department are paid.
If you really need a professional analysis of a specific case and consultation of a specialist of the criminal department, you will be treated and receive high-quality legal assistance.
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