Criminal liability for fraud (Article 190 of the Criminal Code of Ukraine)

According to Article 41 of the Constitution of Ukraine, the right to private property is inviolable. This means that no one has the right to deprive a citizen of Ukraine of property without legal reasons.

However, in recent years, the number of cases of illegal acquisition of other people's property through abuse of trust and fraud has increased significantly. We are talking about fraud.

Let's focus on legal definitions:

Deception is the concealment of certain information or the communication of false information to the victim with the purpose of misleading the victim.

Abuse of trust is dishonest use of trust by the victim. The main task of a criminal is to seize someone else's property or obtain the right to it illegally.

Fraud is a fairly common way of illegally acquiring someone else's property. Criminals constantly invent new and new ways to deprive a person of his property or money. Fraudsters operate not only on the streets, but also by phone, on the Internet, etc. The legislation of Ukraine provides for criminal and administrative liability for proven fraud.

Important: fraud is a crime with a mandatory material component. Its main feature is the onset of socially dangerous consequences.

Any crime, including fraud, has its objective and subjective sides. The objective side consists in the direct participation of the victim in the voluntary transfer of property to the offender. The subjective side is distinguished by a selfish motive and a direct intention.

The measure of punishment for fraud (Article 190 of the Criminal Code of Ukraine)

In the first part of Article 190 of the Criminal Code of Ukraine, actions that can be called fraudulent are subject to criminal liability - restriction of freedom for a period of up to 3 years. The degree of punishment for fraud depends on the offense committed.

• If the guilt of the offender in fraudulent actions is proven for the second time or was committed by a group of persons, in accordance with the second part of Article 190 of the Criminal Code, imprisonment for a term of up to 3 years is provided.
• Fraud committed on a particularly large scale is punishable by imprisonment for a term of 3 to 8 years.
• When fraud is committed by an organized group or when damage is caused in particularly large amounts, imprisonment for a term of 5 to 12 years with confiscation of property is provided (part four of Article 190 of the Criminal Code of Ukraine).

In order to prove that the offender committed fraud, the investigation must gather a solid evidence base that even at the time of taking possession of someone else's property, the person was pursuing the goal of appropriating it without fulfilling the obligations assumed.

In order not to become a victim of fraudsters, one must always be vigilant.

Our law firm "PRIKHODKO & PARTNERS" offers its clients:

• Legal consultation of a lawyer in a fraud case.
• Defense of the accused, suspect in criminal proceedings.
• Participation in the stage of investigative actions and consideration in court of criminal proceedings.

Sign up for a preliminary consultation with an experienced fraud lawyer in Kyiv!