Criminal responsibility of Art. 191 of the Criminal Code of Ukraine – Lawyer in the case of misappropriation, waste of property or taking possession of it by abuse of official position

One of the most widespread corruption offenses is the appropriation, waste of property or taking possession of it by abuse of official position. We are talking about Article 191 of the Criminal Code of Ukraine. A charge under this article carries serious consequences. To protect your rights, it is better to use the services of a professional lawyer. Providing legal services under Article 191 of the Criminal Code of Ukraine is one of the areas of activity of our PRIKHODKO & PARTNERS legal company.

Liability under Article 191 of the Criminal Code of Ukraine

Embezzlement and misappropriation (appropriation) are illegal actions that are prosecuted under criminal law. Let's consider the specifics of the terminology in more detail.

Appropriation is the gratuitous illegal possession of property. That is, the subject does not fulfill the requirements regarding the return of the property within a certain period.

Embezzlement is the gratuitous illegal use, alienation, and spending of property that was entrusted to the accused or was in his care (donation, consumption, sale, transfer to other persons, etc.). In most cases, embezzlement is the next stage of the crime after embezzlement.

Abuse of official position is a way of acquiring property as a result of a person's violation of his authority.

According to Article 191 of the Criminal Code of Ukraine, not only officials can be prosecuted. Any person who has committed this or that illegal act can act as the subject of a crime. With regard to such an element as appropriation, only subjects of authority can be convicted under this article.

Let's explain in more detail with examples. Appropriation and embezzlement of property can be carried out by any person who has taken possession of someone else's property. As for taking possession of property using official position, such cases in practice look different. For example, the head of the enterprise submitted documents for obtaining grants. At the same time, he indicated a list of reasons that cannot be characterized as legal. In this case, the manager's actions fall under the category of "possession of property using official position."

Article 191 of the Criminal Code of Ukraine stipulates the following responsibility:

• Fine.
• Repair work for up to 2 years.
• Restriction/deprivation of liberty for up to 4 years.

If a similar crime was committed by an official, the punishment is more severe:

• Restriction/deprivation of liberty for up to 5 years.
• Deprivation of the right to occupy management positions - up to 3 years.

In the presence of repeated qualifying signs, the commission of an offense by a group of persons, the following punishment is established:

• Imprisonment for up to 8 years.
• Restriction of freedom for up to 5 years.
• Deprivation of the right to occupy official positions for a period of 3 years.

If the crime is committed on a particularly large scale, the court can impose a more severe punishment - imprisonment for up to 12 years with confiscation of property.

Lawyer under Article 191 of the Criminal Code of Ukraine

If you have been charged under Article 191 of the Criminal Code of Ukraine, you must enlist the support of a lawyer. PRIKHODKO & PARTNERS lawyers have the necessary practical experience to develop the right strategy for client protection.

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