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Today, corruption crimes remain the leaders among illegal acts detected by representatives of law enforcement agencies. The position of the state is reflected in the Ukrainian legislation – bribery and its manifestations must be fought. Among the main measures of response to these illegal actions is the opening of real criminal proceedings with the imposition of appropriate punishments. If you need a lawyer’s consultation on Article 368 of the Criminal Code of Ukraine, make an appointment with our specialists – lawyers Prykhodko and Partners.
Definition of the concepts of “bribery” and “bribery” in Ukrainian legislation
For several years now, the term “bribe” has not been used in Ukrainian legislation. It was replaced by the phrase “unjustified benefit”. Thus, by “bribe” in this article, we will understand exactly the wrongful benefit.
According to the current Ukrainian legislation, the basis of a bribe is the offer, acceptance or receipt of illegal benefits by an official. The Criminal Code of Ukraine clearly characterizes bribery as a criminal act related to obtaining material benefits. These can be, for example, monetary assets, property, shares, etc. In addition, these are any actions that bring financial benefit to the interested person.
Punishment provided for in Article 368 of the Criminal Code of Ukraine
Article 368 of the Criminal Code of Ukraine clearly prescribes punishment for illegal actions. Their gradation is related to the seriousness and scale of the committed criminal act.
The fine under Article 368 of the Criminal Code of Ukraine ranges from 1,000 to 4,000 NMDH.
- From 3 to 6 years – in the case of obtaining an unlawful benefit in significant amounts – it is 100 times or more higher than the NMDH.
- From 5 to 10 years – in the case of obtaining an unlawful benefit in significant amounts – 200 times or more higher than the NMDH.
- From 8 to 12 years – in the case of receiving an unlawful benefit in particularly large amounts – 500 times or more exceeds the NMDH.
Prohibition on occupying certain positions.
Confiscation of property.
Assistance of professional lawyers under Article 368 of the Criminal Code of Ukraine
Thus, criminal cases under Article 368 of the Criminal Code of Ukraine are quite complex. Lawyers Prykhodko and Partners, defending the accused under this article, will be able to clearly incriminate the presence in the defendant’s actions of signs of bribery, i.e. receiving an illegal benefit.
We will study the available case materials, analyze them and identify all existing shortcomings.
It is very important to involve our lawyers at the beginning of the procedural actions. The best option is at the stage of recording by representatives of law enforcement agencies the fact of the transfer of legitimate benefits
We will do everything possible to significantly mitigate the court’s sentence. Obtaining the services of a lawyer at the stage of pre-trial investigation will protect the client’s interests from illegal actions of representatives of investigative bodies. We make sure that the investigators do not deliberately delay the course of the investigation, offering, for example, various investigative experiments that do not significantly affect the case as a whole.
Thus, lawyers Prykhodko and Partners apply a comprehensive approach to protecting the rights of suspects under Article 368 of the Criminal Code of Ukraine:
- Protection and representation of the suspect’s interests.
- Formation of a comprehensive defense strategy.
- Preparation of the necessary procedural documents: petitions, statements, civil lawsuits, etc.
- Appeal of preventive measure.
- Appeal and cassation appeal of the court decision.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services under Article 368 of the Criminal Code of Ukraine, fill out the form below.