A lawyer in the case of illegal movement of people across the border

Crossing the state border is one of the important issues during the martial law in Ukraine. This especially applies to men who, according to the Law on Mobilization, are subject to conscription and do not have the right to legally leave Ukraine. However, even with legal grounds, it is far from always possible to cross the state border without problems. Illegal movement of people across the border falls under Article 332 of the Criminal Code of Ukraine. If you need the help of a lawyer for this article, contacting the specialists of our Prykhodko and Partners law office will be the right step.

Liability provided for illegal movement of people across the state border

According to changes in the legislation, it is possible to cross the state border only through officially established checkpoints. However, some people ignore the provisions of the Law, trying to legally cross the state border. Currently, criminal liability is provided for persons who are organizers of illegal movement of people across the state border.

To begin with, we will consider the interpretation of illegal actions under Article 332 of the Criminal Code of Ukraine. Let's start with the fact that the persons who organized the illegal crossing of the border are brought to justice. What is this organization? Among the most common actions:

• Finding and gathering a group of people.
• Providing information on crossing the state border (recommendations, instructions, advice).
• Direct participation in illegal crossing of the state border.

Separate responsibility is also provided for facilitating the crossing of the state border. It can be both physical and intellectual in nature. In most cases, assistance is manifested in the following actions: consultation, provision of special means, etc.

Regarding who can be prosecuted under Article 332 of the Criminal Code. According to the Law, these can be legal persons who have reached the age of sixteen.

Aggravating circumstances under Article 332 of the Criminal Code may be the performance of the above-mentioned actions by officials. When committing illegal actions, individuals are most often guided solely by the motives of obtaining benefits. That is, the goal is illegal enrichment.

Now we will consider in more detail the degree of responsibility for the illegal movement of people across the state border. There is no tolerant punishment in the form of community or correctional work, fines under Article 332 of the Criminal Code.

This is due to the fact that actions under Article 332 of the Criminal Code are considered a serious crime.

If a person commits criminal acts for the first time, the punishment is from 2 to 5 years of imprisonment. In addition, confiscation of funds is applied. If in the process of organizing the illegal movement of people across the border, special means (for example, transport) were used, it is also confiscated.

When committing a crime with aggravating circumstances (repeated commission, by a group of persons, according to a prior conspiracy), a person faces from 3 to 7 years of imprisonment.

Legal assistance under Article 32 of the Criminal Procedure Code

If you are charged under the article on the illegal movement of people across the border, lawyers Prykhodko and Partners are ready to provide a full range of services. Including:

• Consultancy.
• Acquaintance with the evidence base and materials of the criminal case.
• Participation in investigative actions.

If necessary, our lawyers can challenge the actions/inactions of law enforcement officials. We also represent the client's interests during court hearings.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 332 of the Criminal Code, fill out the form below.