Article 405 of the Criminal Procedure Code – A lawyer in a case of Threats or violence against a superior

War crimes are peculiar types of criminal offenses. Until recently, their use was extremely rare. After the start of a full-scale war on the territory of Ukraine, this issue became particularly acute. For example, if violence or threats were addressed to the superior, the person's actions fall under Article 405 of the Criminal Code. In this article, we will consider in detail the composition of the crime under this article. By the way, the specialists of our Prykhodko and Partners law office have extensive experience in protecting the interests of suspects under Article 405 of the Criminal Code.

Composition of the crime and liability under Article 405 of the Criminal Code

If a serviceman is found guilty under Article 405 of the Criminal Code, he can be sentenced to two years in a disciplinary battalion. In the event that the person's actions lead to serious consequences: infliction of beatings and other bodily harm, threat of murder, damage, the serviceman faces real imprisonment for a term of up to 2 years. The term of punishment may be increased to 7 years in cases where the subject of the crime causes bodily harm to the superior due to his performance of professional duties.

Among the two particularly qualifying components of the crime:

1. Implementation under special conditions. Martial law can also be included here. The punishment is imprisonment for up to 8 years.
2. Committing a crime in a combat situation, by a group of persons, with the use of any type of weapon - imprisonment for a term of up to 10 years.

Thus, the direct object of the crime under Article 405 of the Criminal Code is the order of obedience to the superior. This procedure is established by the internal documents of the Armed Forces of Ukraine. According to the legislative framework, the chief can manage the activities of subordinates exclusively in the interests of the military service. That is why the personal integrity, health and life of the boss is an additional object. Illegal actions under Article 405 of the Criminal Code lead to the fact that the chief cannot fully fulfill his professional duties.

Forms of the objective side of the crime:

1) inflicting beatings, physical injuries on the boss;

2) threats;

3) damage to the boss's property.

Important: the threat can be expressed directly to the boss or transmitted through third parties. A threat is considered a completed crime from the moment when it (that is, a threat) was perceived by the superior. The subject of the crime is a military serviceman.

Assistance of professional lawyers under Article 405 of the Criminal Code

The war in Ukraine has been going on for more than 10 years. This is a very difficult time for our country. Many people can't stand their nerves, constant stay in stressful situations is an extremely harmful phenomenon for our body. Military personnel belong to the highest risk category. During military service, in a combat environment, they may refuse to obey the orders of their superiors and even threaten the leadership. If it happened that you are charged under Article 405 of the Criminal Code, the first thing you need to do is take care of protecting your own rights.

Lawyers Prykhodko and Partners will be able to qualitatively protect your rights within the framework of current Ukrainian legislation. We have the necessary qualifications, knowledge and practical experience to achieve the desired result for our clients. Our lawyers provide a full range of services under Article 405 of the Criminal Code: from consulting to appealing court decisions.

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