Lawyer in a blackmail case

According to the current Ukrainian legislation, namely the Criminal Code of Ukraine, blackmail is not considered as an independent crime. In most cases, these are threats that are enshrined in the elements of a crime in various criminal proceedings. Blackmail is considered as a means of achieving the desired goal by the suspect/accused. That is, actions related to blackmail are considered as one of the ways to commit illegal activities. In a broader sense, it is causing moral harm to the victim in combination with any requirements. If you are a participant in criminal proceedings of this direction, you will definitely need a lawyer in a blackmail case. The specialists of our law firm “Prikhodko & Partners” have the necessary experience in cases of this category. In this article, we will consider an important issue – criminal liability for blackmail.

The main characteristics of the concept of “blackmail”

Blackmail is one of the signs of the objective side of the crime, being in fact an alternative option for its commission along with the threat of physical harm, deception, threat of property or other harm, which is accompanied by restriction of freedoms, rights, legitimate interests of a person (Articles 154, 189, 386 of the Criminal Code of Ukraine).

As judicial practice shows, in some cases blackmail is attributed to the signs of the main element of the crime, in others - to the qualified one. In some articles of the Criminal Code, blackmail is characterized as a sign of the “formal” element of illegal activity.

Important: taking the development of causal relationships as a basis, blackmail should prevent the occurrence of criminal consequences in time. If we are talking about the “formal” elements of the crime in terms of structure, threats are accompanied by blackmail (for example, in the process of extortion, coercion to enter into sexual relations).

Among the manifestations of blackmail in judicial practice:

1. Threat to disclose the victim's personal secrets: Secret of adoption; Personal life; Presence of a medical diagnosis.
2. Threat to disclose information about the person's involvement in committing criminal acts.

Some of the secrets listed above can seriously affect the reputation and personal life of a person. The degree of severity and nature are not taken into account.

Criminal liability for blackmail

In 2001, Article 189 of the Criminal Code of Ukraine was supplemented with the concept of “blackmail”.

Liability for actions accompanied by blackmail is restriction of liberty for a term of 2 to 5 years (part one).

If the threats set forth in part one were put into effect, the accused faces restriction/deprivation of liberty for a term of 3 to 6 years.

Among the aggravating factors specified in part three are prior conspiracy; repetition of the committed actions; commission of criminal acts by a group of persons. The threat of dissemination of information about a person using the media is also additionally applied. Liability is imprisonment for a term of up to 5 years.

If blackmail was committed by persons carrying out official, public or professional activities, the accused faces up to 10 years of imprisonment. An additional punishment is a ban on engaging in professional activities (Part Four of Article 189 of the Criminal Code of Ukraine). If the purpose of blackmail is to obtain property in a large amount, the accused faces up to 10 years of imprisonment with confiscation of property (Part Five of Article 189 of the Criminal Code of Ukraine). The degree of liability depends on each specific case.

Legal support in blackmail cases

If you are a participant in criminal proceedings under the article on blackmail, the lawyers of our law firm "Prikhodko & Partners" will be able to provide qualified legal support. We guarantee the full range of services under Article 189 of the Criminal Code of Ukraine:

• Consulting.
• Participation in investigative and search activities.
• Support for clients at the stage of pre-trial investigation and in court.
• Appealing court decisions.

Our lawyers have a successful experience in supporting cases related to criminal law. We provide you with qualified assistance at each stage of this complex process. Our lawyers will do everything possible to ensure the best possible result: a complete acquittal of the client or a significant mitigation of the sentence. We work to ensure that justice is restored!

Lawyers of “Prikhodko & Partners” understand that each case is truly unique. Our main goal is to ensure maximum protection of the freedoms and rights of each person both at the stage of pre-trial investigation and in court. You can trust us, 100% confidentiality is guaranteed!

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 in a blackmail case, fill out the form below.