ARTICLE FOR HIGH TREASON. LAWYER UNDER ARTICLE NO. 111 OF THE CRIMINAL CODE OF UKRAINE

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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ARTICLE FOR HIGH TREASON. LAWYER UNDER ARTICLE NO. 111 OF THE CRIMINAL CODE OF UKRAINE

Reading time: 3 min.

Ukraine is currently going through a very difficult period in its history. The actual problem is the concept of treason. Let's start with a definition.

In accordance with Article 111 of the Criminal Code of Ukraine, high treason is interpreted as an act intentionally committed by a citizen of Ukraine that harmed the territorial value, sovereignty, defense capability, inviolability, economic, state or information security of Ukraine. In conditions of armed conflict or martial law, treason is understood as espionage, the provision of assistance to a foreign organization, the state, its representatives in the implementation of subversive activities against the Ukrainian state.

What is the punishment for treason?

Article No. 111 of the Criminal Code of Ukraine provides for the following punishment for treason to the Motherland: imprisonment (from 12 to 15 years) with or without confiscation of property.

Important: Citizens of Ukraine who did not agree to perform criminal tasks and voluntarily reported their connection with representatives of a foreign organization or foreign country to state authorities can be dismissed from criminal liability.

Under martial law, treason and sabotage are punishable by the following maximum penalties:

  • Imprisonment for a term of 15 years or life imprisonment.
  • Mandatory confiscation of all property.

If the fact of high treason is proven, no amnesty is applied to the persons who committed this crime.

Procedure for proving high treason

Any prosecution body must prove that a citizen of Ukraine committed deliberate actions that harmed the defense capability, sovereignty, economic security, territorial integrity, etc. Among such deliberate actions, we are talking, first of all, about espionage, subversive anti-state activities, going over to the side of the enemy in conditions of martial law and armed conflict.

What is considered treason and what is not is a moot point. From the point of view of legislation, the definition of "high treason" is not sufficiently specified.

Such a crime as high treason is quite serious, and therefore requires unconditional proof of the guilt of the accused. In some cases, this provokes a delay in the investigation due to inconclusive or insufficient evidence.

Each individual case is investigated separately. The final result depends both on the expert opinion and the evidence base of the prosecutor and the lawyer. It is direct evidence that will be assessed by the court of both the first and second and third instances.

According to the current legislation, everyone has the right to legal assistance. This right is guaranteed specifically by the state. It is the state that directs its law enforcement system to its implementation. These are generally accepted international legal requirements, including the International Covenant on Civil and Political Rights.

If you need professional assistance on a criminal matter, please contact the lawyers of our law firm "PRIKHODKO & PARTNERS". We will help you prove your innocence in court.

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Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

Contact now
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