Фото: Lawyer under Article 209 of the Criminal Code – Legalization (laundering) of property obtained by crime

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Lawyer under Article 209 of the Criminal Code – Legalization (laundering) of property obtained by crime

Reading time: 4 min.

The economy of any state differs in its individuality. At the moment, the Ukrainian economy is experiencing crisis phenomena in various spheres: economic, social, political, etc. A very important place is occupied by the fight against economic crimes, in particular, with the legalization of property that was obtained through criminal means. If you need a lawyer under Article 209 of the Criminal Code of Ukraine, the specialists of our Prykhodko and Partners law office are ready to help you.

Composition of the crime under Article 209 of the Criminal Code

The subject of criminal actions under Article 209 of the Criminal Code is income that was obtained by criminal means. We are talking about any category of assets (rights: property/non-property, currency, material values, real estate, cars, etc.), the possession of which falls under the category of illegal actions.

The object of the offense is the procedure for conducting economic activity established at the legislative level. Also, property rights and property of legal entities and individuals belong to objects under Article 209 of the Criminal Code.

Laundering of criminally obtained property includes:

  1. Financial transactions, including transactions related to these revenues.
  2. Possession, acquisition and use of funds obtained illegally.
  3. Actions aimed at concealing or masking the illegal origin of these assets and their true beneficiaries.

According to Article 209 of the Criminal Code, money laundering is the legalization of acquisition, use, possession of things or money acquired illegally. The offense is considered completed from the moment one of the above actions is committed.

The subject under Article 209 of the Criminal Code of Ukraine is a convicted natural person who has reached the age of 16. As for the subjective side, it is a direct intention that has a selfish motive. That is, a person must be aware of the illegality of his own actions.

Photo Lawyer under Article 209 of the Criminal Code

Liability under Article 209 of the Criminal Code

Liability under this article depends on the severity of the offense committed

From 3 to 6 years of imprisonment with confiscation of property and a ban on professional activity (2 years):

  • Concealment of income.
  • Concealment of sources of income of assets.

From 5 to 8 years of imprisonment with confiscation of property and a ban on professional activity (3 years):

  • Repeated commission of criminal acts under Article 209 of the Criminal Code.

Committing an offense by a group of persons. From 8 to 12 years of imprisonment with confiscation of property and a ban on professional activity (3 years):

  • Criminal activities are organized by a group of persons.
  • Assignment of damages in particularly large amounts.

Assistance of lawyers under Article 209 of the Criminal Code

The strengthening of state supervision over property transactions, monetary transactions, and bank transfers quite often leads to the fact that accusations under Article 209 of the Criminal Code may affect completely innocent persons. In most cases, business managers and private entrepreneurs who interact with various counterparties face similar situations. No one can be 100% insured against prosecution for legalizing property that was obtained illegally.

Our experienced lawyers - Prykhodko and Partners specialists will be able to help deal with difficulties and preserve their own business reputation and funds. We provide a full range of services related to the protection of the rights of every citizen:

  • Consulting in the field of compliance with financial security.
  • Risk assessment.
  • Protection of suspects/accused under Article 209 of the Criminal Code.
  • Participation in interrogations and other investigative actions.

Photo Lawyer under Article 209 of the Criminal Code

If necessary, we initiate the preparation and submission of various procedural documents (complaints, petitions, statements). Our lawyers successfully represent clients' interests in state structures, banking institutions and in court.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 209 of the Criminal Code, fill out the form below.

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Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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