A lawyer under Article 411 of the Criminal Code – Intentional destruction or damage to military property

Today, the question of war crimes is extremely relevant. We continue to live in the realities of war, which means that situations are possible when, for one reason or another, war crimes are committed, namely the intentional destruction or damage of military property. In this case, we are talking about Article 411 of the Criminal Code of Ukraine. If you are charged under this article, the lawyers of our Prykhodko and Partners law office will be able to help you.

Characteristics of criminal acts under Article 411 of the Criminal Code

Let's start with the subject of the offense. This is military property, namely any item that is on the balance sheet of the Armed Forces of Ukraine or other military formations. Important: this property must be in a condition that allows its use in the conduct of various types of combat operations, the conduct of combat training of the military or the provision of troops. It is interesting that military property includes buildings, houses, engineering communications, any material property, in particular, food.

The object of the offense under Article 411 of the Criminal Code is the procedure for the storage of military property, which is established by current Ukrainian legislation.

This means that every military person must be especially careful to preserve equipment, weapons, and ammunition and must use them correctly, maintain, operate, and protect them from various negative factors (damage, loss, destruction, damage).

Please note: if the property is not on the balance sheet of a particular military unit, it cannot be considered military. In this case, the actions of the guilty person will be qualified as a crime against private property.

There is also no criminal offense in cases where military personnel damaged or destroyed items issued to him as personal property (for example, elements of military equipment). On the other hand, if such actions were committed by the military in relation to equipment that is still on the balance sheet of the military unit (that is, has not been issued), such actions can be criminalized under Article 411 of the Criminal Code.

The objective side of illegal actions under Article 411 of the Criminal Code is the process of destruction of property. This is a type of direct impact on the property, as a result of which it loses its suitability for its intended purpose. In most cases, such property cannot be restored.

Criminal liability under Article 411 of the Criminal Code

Article 411 of the Criminal Code of Ukraine provides for the following responsibility:

• Up to two years of service limitation.
• Detention in the "disciplinary battalion" for up to two years.
• Up to three years of imprisonment.

If the actions related to the intentional destruction or damage of military property caused serious consequences, for example, the death of people and are characterized as socially dangerous, the term of imprisonment can be up to 8 years. That is, such actions will already be considered a serious offense.

Assistance of professional lawyers under Article 411 of the Criminal Code

If you are suspected/accused under Article 441 of the Criminal Code, the first thing to do is to enlist the help of professional lawyers. Prykhodko and Partners specialists provide highly qualified assistance. We will analyze the actions of the investigators and take advantage of their mistakes in the process of investigative actions. Achieving a positive result for the client is possible even at the pre-trial stage. That is, even a long trial will not be needed.

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