Exemption from criminal liability for corruption crimes

One of the problems of a global scale is the problem of corruption. In Ukraine, the scale of corrupt activities of government and private structures is truly impressive. However, punishment for corruption crimes is not always legal and fair. In this article, we will consider in detail in which cases exemption from criminal liability for corruption crimes is possible.

To begin with, we note that there is always a way out, even from the most difficult situations. Our lawyers have extensive experience in working with cases related to the corruption component. In our country, such crimes are considered quite specific. That is why lawyers Prykhodko and Partners develop a strategy of legal protection that is thought out to the smallest detail.

Legislative framework of the issue

Article 1 of the Law of Ukraine "On the Prevention of Corruption" states the following: "corruption is the use by persons of official powers granted to them for the purpose of obtaining an unlawful benefit."

This Law contains two terms that are terminologically similar: "corruption offense", "corruption-related offense". The main difference between them is the presence/absence of signs of corruption. They also differ in the degree of responsibility.

Let us consider in more detail the issue of criminal responsibility for corruption crimes. The full list of criminal offenses related to corruption is presented in the footnote to Article 45 of the Criminal Code. Conditionally, they can be divided into 2 two large groups:

• Offenses that are considered corrupt if they are committed by an official through abuse of authority.
• Corruption crimes provided for by specific articles of the Criminal Code.

Here are examples of some of them:

The degree of responsibility is correlated with the specific composition of the offense: from fines to imprisonment for up to 15 years. In addition, deprivation of the right to engage in professional activity may be applied. For certain crimes, the maximum term is up to 10 years with or without confiscation of property.

Please note that the Criminal Code provides for certain provisions. They make it impossible to apply certain provisions on exemption from criminal liability to a person who has committed this or that corruption crime.

For example, when a person commits a corruption crime, the following do not apply:

• Active repentance.
• Reconciliation of the parties.
• Surrender.

Certain changes were made to Chapter XII of the Criminal Code of Ukraine, according to which a person convicted of a corruption crime cannot be released from serving a sentence by a court sentence. The exception is the commission of a crime of minor or moderate severity.

Article 61 of the Constitution of Ukraine clearly states that different types of liability may be applied to a person guilty of a corruption offense at the same time. The exception is a combination of administrative and criminal liability. This is due to the fact that they are characterized by the same legal nature.

Legal assistance of a lawyer on corruption crimes

If you are suspected/accused of committing corruption crimes, the first thing you should do is contact a professional lawyer.

In most cases, crimes related to corruption are detected in the areas of antimonopoly, tax, licensing and other legislation.

At the same time, it is safe to say that corruption criminal cases are connected with an economic component.

That is why, in the process of developing a defense strategy in corruption criminal cases, the relevant skills in both the corruption and economic spheres are of primary importance. Our lawyers have the necessary experience for quality protection of your interests.

We provide a full range of services:

• Participation in interrogations and other investigative actions.
• Analysis of the case materials, the indictment issued.
• Drawing up an effective protection plan.
• Challenging illegal actions of investigators.
• Other actions necessary to protect the interests and rights of clients.

We work to achieve the desired result for the defender. This is evidenced by the reviews of our satisfied customers.

If you still have questions, we will be happy to answer them. We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services, fill out the form below.