Lawyer under Article 357 of the Criminal Code of Ukraine – Theft, appropriation, extortion of documents, stamps, seals, taking possession of them through fraud or abuse of official position or their damage

The current Criminal Code of Ukraine provides for liability for illegal actions with documents, namely: abduction, appropriation, extortion of documents. Such actions fall under Article 357 of the Criminal Code of Ukraine. If you or your loved ones need the help of a lawyer for this article, contact the specialists of our Prykhodko and Partners law office.

Composition of the crime under Article 357 of the Criminal Code

To begin with, let's define what is understood by the term "document" in Article 357 of the Criminal Code. It is a medium with certain information. Documents usually create both certain rights and obligations. They cause the emergence, change or termination of legal relations. The following subjects can be the owners of the documents:

1. Individuals.
2. Public authorities.
3. Business entities that have various organizational and legal forms.

If an official or a natural person took possession of documents in an illegal manner, criminal liability is provided for this. And this applies not only to documents, but also to seals and stamps. Although the use of seals is not a mandatory requirement for business entities, this attribute is evidence of the legality of the document. A document with a seal gives rise to certain legal relations, obligations and rights.

The object of a criminal offense under Article 357 of the Criminal Code is the normal functioning of legal entities or state authorities. For example, if documents were stolen from a natural person, such actions are considered an infringement of his legitimate interests and personal rights.

Liability under Article 357 of the Criminal Code

Article 357 of the Criminal Code establishes responsibility for the following actions: extortion, abduction, destruction, appropriation, taking possession of documents, stamps, seals by illegal means.

According to Article 357 of the Criminal Code of Ukraine, actions, the object of which is a document, are classified as illegal. These can be local documents, documents of an individual, official documents issued by representatives of state authorities.

Seizing other people's documents is an encroachment on the personal rights and interests of citizens; normal functioning of state authorities/enterprises.

As practice shows, criminal offenses under Article 357 of the Criminal Code are committed for personal purposes or for selfish reasons.

The degree of responsibility under Article 357 of the Criminal Code depends on the committed criminal acts:

• Restriction of freedom for a period of up to 3 years, fines (up to 50 NMDH) - criminal actions related to documents sent against the enterprise.
• Restrictions/deprivation of liberty for a period of up to 3 years, fines (up to 70 NMDH) – actions that led to disruptions in the work of a legal entity.

If the injured party under this article is a natural person (for example, a passport or other important personal document has been stolen), if proven guilty, the suspect may be threatened with: arrest, restriction of freedom, fines.

Assistance of a lawyer under Article 357 of the Criminal Code

If you are charged under Article 357 of the Criminal Code of Ukraine, the first and most important step is to contact a lawyer. An agreement on the provision of legal assistance is concluded with the lawyer.

As part of providing legal assistance, lawyers Prykhodko and Partners provide a full range of services:

• Study of materials of criminal proceedings.
• Collection of evidence base.
• Participation in investigative actions.
• Development of the client's legal position and effective defense tactics.

If necessary, we will be able to challenge the court verdict in the cassation or appeal procedure.

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