CRIMINAL LIABILITY FOR COVID VACCINATION CERTIFICATES, PCR TESTS

In connection with the rapid spread of acute respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus across Ukraine, the Cabinet of Ministers of Ukraine, dated October 20, 2021, №1096, amended the Resolution of the Cabinet of Ministers of Ukraine dated December 9, 2020 №1236 "On the establishment of quarantine and the introduction of restrictive anti-epidemic measures in order to prevent the spread in Ukraine of the acute respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus", and strict restrictions were introduced, in particular, on movement in public transport, visits to TR authorities and institutions of state and local government, etc. That is, the human and civil rights guaranteed by the Constitution of Ukraine are significantly limited.

At the same time, the introduced restrictions do not apply to persons in whom:

• an existing negative result of testing for COVID-19 by the polymerase chain reaction method or rapid test for the determination of the SARS-CoV-2 coronavirus antigen, carried out no more than 72 hours in advance;
• or available document confirming the receipt of a full course of vaccination;
• or available document confirming the receipt of one dose of a two-dose vaccine;
• or an existing international, domestic certificate or foreign certificate confirming vaccination against COVID-19 with one dose of a two-dose vaccine (yellow certificates);
• or one dose of a single-dose vaccine or two doses of a double-dose vaccine (green certificates), which are included by the World Health Organization in the list of approved for use in emergency situations, a negative test result by the polymerase chain reaction method or a person's recovery from a specified disease, the effect of which is confirmed using the Unified State Web Portal electronic services, including using the Action Portal mobile application.

That is, in order to continue living without restrictions, a person must have one of the above documents.

At the same time, a large percentage of the population does not want to be vaccinated for various reasons and, accordingly, receive these documents in the manner determined by by-laws.

The above circumstances created the preconditions for the widespread dissemination of counterfeit COVID-19 testing documents, as well as certificates confirming vaccination against COVID-19. Moreover, it was the falsification of COVID-19 vaccination certificates that became widespread.

The forgery of certificates is used by persons who, for personal reasons or circumstances, do not want to be vaccinated, as well as persons, in particular, medical workers who carry out vaccinations, and enter the relevant information into electronic registers.

Responsibility for the above actions is provided for by Article 358 of the Criminal Code of Ukraine, and, at that, both for those who forge and for those who use forged documents.

Yes, for counterfeiting COVID-vaccination certificates, liability is provided for under Part 1 of Article 358 of the Criminal Code of Ukraine in the form of a fine of up to 1000 Nmd or arrest for up to six months, or restraint of liberty for up to two years.

For the use of a knowingly forged document, in particular, a certificate of COVID - vaccination, liability is provided for by part 4 of article 358 of the Criminal Code of Ukraine, and is punishable by a fine of up to 50 Nm.dg or arrest for up to six months, or restraint of liberty for for up to two years.

If the prosecution proves that the person first forged the certificate and then used it, then in this case, liability will come under part 1 of article 358 and part 4 of article 358 of the Criminal Code of Ukraine, that is, for the manufacture and use.

At the same time, the Constitution of Ukraine establishes that a person is considered innocent of a crime and cannot be subjected to criminal punishment until his guilt is legally proven and established by a court conviction.

That is, the guilty person in the forged and / or use of a forged document, in particular, a COVID certificate - vaccination or not, is decided by the court, similarly to the determination of the punishment.

The court decides on the guilt or innocence of a person in a forged and / or use of a forged document, in particular, a COVID vaccination certificate, based on evidence collected during the pre-trial investigation.

The media, referring to sources in the National Police of Ukraine, disseminated information that to date, more than 800 criminal proceedings have been opened related to the forgery or use of a fake COVID - vaccination certificate.

At the same time, taking into account the current judicial practice on bringing persons to criminal liability for counterfeiting and / or using a fake COVID vaccination certificate, it can be concluded that the bulk of convictions are cases in which they voluntarily admitted to criminal liability. guilt in a committed criminal offense. That is, how such a pre-trial investigation is actually not carried out, since the accusation is based on the testimony of the suspect / accused and their full admission of guilt.

At the same time, a rhetorical question arises, on the basis of what evidence, in addition to the forged document itself, will the accusation be based on bringing a person to criminal liability for counterfeiting and / or using a counterfeit COVID certificate - vaccination if the person does not admit his guilt, and Moreover, he will refuse to testify at all.

Unambiguously, the person guilty of a criminal offense, in particular, in the forged and / or use of a fake COVID vaccination certificate, should be held liable under the current legislation, however, the prosecution of a person must take place exclusively in accordance with the procedure and on the basis of the law.

Timely involvement of a competent lawyer and effective defense will significantly increase the individual's chances of being acquitted.

Prikhodko & Partners Law Firm urges to strictly comply with the requirements of the law and not resort to criminal acts, in particular, forgery and / or use of fake COVID vaccination certificates or PCR tests.

At the same time, if you think that you are being illegally prosecuted for forging a vaccination certificate or you need protection in a criminal case of using a forged certificate, the lawyers of Prikhodko & Partners will defend your rights.