Attorney, Article 191 of the Criminal Code of Ukraine – appropriation, waste of property or possession of it by abuse of official position

Appropriation of communal, state, trust property, embezzlement of funds, acquisition of property by abuse of official position are some of the most painful problems that are characteristic of the legal field of Ukraine. If you are charged under Article 191 of the Criminal Code of Ukraine, you should use the help of professional lawyers. Specialists of our law firm Prykhodko and Partners will be able to protect your interests.

Composition of the crime under Article 191 of the Criminal Code of Ukraine

In order to better understand the composition of the crime under Article 191 of the Criminal Code of Ukraine, it is worth focusing on the characteristics of the object, objective and subjective sides of the crime.

The object of the crime is social property relations. They are protected at the legislative level and are the basis of the economy of any state.

Among the components of the objective side of the crime:

• Embezzlement

Waste is illegal and gratuitous spending of property. This category includes exchange, consumption, transfer of someone else's property to repay one's own debt, etc.

• Appropriation

We are talking about the gratuitous and illegal seizure of someone else's property. Before that, this property was owned by another person. The intention of the person who committed illegal actions is to turn it further for his own benefit or the benefit of other persons. The guilty party thus improves its own financial situation.

• Possession of someone else's property, carried out by abusing a person's official position

A certain person violates his own authority, namely, uses his official position to illegally and gratuitously appropriate someone else's property. Such abuses include, for example, illegal receipt of a salary supplement or bonus.

The subjective side of the crime is direct intent and the presence of selfish motives. The subject of the crime is a private criminal who has turned 16 years old. The object of the crime is the property entrusted to her.

Liability under Article 191 of the Criminal Code of Ukraine

According to Article 191 of the Criminal Code of Ukraine, punishments of different severity are provided. Among the main ones are imprisonment or restriction of liberty for up to 12 years, correctional work, fines. As for additional punishments, it is confiscation of property, deprivation of the right to carry out certain activities/hold certain positions.

Professional assistance of a lawyer under Article 191 of the Criminal Code of Ukraine

To begin with, the lawyer will find out whether there is evidence that you are a subject under Article 191 of the Criminal Code of Ukraine. Among the documents that can be analyzed: statements from bank accounts, acts with inventory results, accounting documents, etc.

In addition, lawyers Prykhodko and Partners will monitor the legality, reasonableness and correctness of all actions of the investigator:

• Checking the presence of permission from the investigating judge to perform certain actions.
• Appealing the decision of the investigating judge, actions/inactions of the investigator.
• Initiation of necessary investigative actions.
• Representation of the client's interests in court.

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