Extortion and threats – Article 189 of the Criminal Code of Ukraine

One of the crimes aimed at illegally obtaining money or other material assets, combined with threats, is extortion. The legislator provides for quite serious criminal liability for these actions. We are talking about Article 189 of the Criminal Code of Ukraine (hereinafter referred to as the CCU) - extortion and threats. If you are suspected/accused under this article or you are the injured party, the lawyers of our law firm “Prykhodko and Partners” will provide you with qualified assistance and comprehensive legal support.

The elements of a crime under Article 189 of the Criminal Code of Ukraine

We propose to start with the elements of a crime under the article on extortion and threats.

Let us consider the object and subject of illegal activity under Article 189 of the Criminal Code of Ukraine. The direct object is the right of ownership, additional ones are the physical and mental integrity of a person, his health and personal freedom.

The subject of illegal activity under Article 189 of the Criminal Code of Ukraine is property, private property rights, any actions related to property.

Among the characteristics of the objective side of extortion:

1. Presentation of a property claim.
2. Threats related to: damage/destruction of property, use of violence or causing other harm.

The property claim that was presented by the subject constitutes the objective side of illegal activity. The main condition is that this activity must be characterized as knowingly illegal.

A person who has reached the age of 14 may be held liable under Article 189 of the Criminal Code of Ukraine.

A crime is characterized as completed after the threat is carried out, that is, adverse consequences are caused (significant material damage, bodily harm of varying severity).

Liability for extortion and threats: analysis of Article 189 of the Criminal Code of Ukraine

The degree of liability under the article on extortion and threats depends on the committed illegal actions:

• Part one.

Illegal activity consists in demanding the transfer of someone else's property or the right to it in combination with threats to commit violent actions. The accused is threatened with restriction/deprivation of liberty for a term of up to 5 years.

• Part two.

The actions specified in Part one, combined with the following aggravating circumstances:

1. Repetition.
2. The presence of a prior conspiracy.
3. Committed by a group of persons.
4. Abuse of official position.

Liability: imprisonment for a term of up to 7 years.

• Part three.

If the extortion is combined with violence, is dangerous to the health or life of a person, and as a result, significant property damage was caused, the accused faces up to 10 years of imprisonment. An additional punishment is confiscation of property.

• Part Four.

The main characteristics of illegal activity - actions committed in the front lines, committed in conditions of emergency or martial law, accompanied by the infliction of serious bodily harm - imprisonment for up to 12 years with confiscation of property.

If you are a participant in criminal proceedings under Article 189 of the Criminal Code of Ukraine, you must enlist the support of a professional lawyer as soon as possible.

Legal support of a lawyer under Article 189 of the Criminal Code of Ukraine

Lawyers “Prykhodko & Partners” provide comprehensive legal support to victims, witnesses, suspects, accused under the article on extortion and threats.

• Assistance to the injured party.

If the actions listed above related to extortion and threats were committed against you, you should promptly contact law enforcement with a written statement. Our lawyers will help you to properly draw it up and will ensure that the relevant information is entered into the Unified Register of Pre-Trial Investigations.

Lawyers “Prykhodko & Partners” will competently record the claims of the injured party. In the future, this will significantly affect the proof of the guilt of the accused in committing illegal actions under the article on extortion and threats.

• Legal support for suspects/accused.

If you are suspected of extorting money without sufficient justification, in the absence of a sufficient evidence base, our lawyers will provide you with comprehensive legal support. Our main goal is an objective examination of the case both at the stage of pre-trial investigation and during the court hearings.

Thus, if you need the help of a professional lawyer on criminal law issues, contact the specialists of our law firm "Prykhodko & Partners". Our solid theoretical base combined with extensive practical experience will allow you to get the desired result for each client.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under the article on extortion and threats, fill out the form below.