Lawyer under Art. 289 of the Criminal Code of Ukraine – illegal possession of a vehicle (car theft)

According to current legislation, car theft (that is, illegal possession of a vehicle) involves criminal liability, namely restriction/deprivation of liberty. If you or your loved ones need a lawyer under Article 289 of the Criminal Code of Ukraine, the lawyers of our Prykhodko and Partners law office will certainly help you with this.

Liability under Article 289 of the Criminal Code of Ukraine

To begin with, let's define the objective and subjective side of illegal actions. According to Article 289 of the Criminal Code, a vehicle of any type or brand and other self-propelled mechanisms (motorcycles, trolleybuses, etc.) is a vehicle. Theft of scooters, bicycles, etc. are subject to another article of the Criminal Code of Ukraine, namely Article 185 of the Criminal Code.

The object of illegal actions is violation of the right of ownership and disposal of a vehicle. The injured party can be both a legal entity and an individual. If there are no other qualifying circumstances, the subject of criminal acts is a person over 16 years old (in some cases - 14 years old).

As for the objective side of the crime, it consists in taking possession of a vehicle without the appropriate right to do so. At the same time, the duration and method of illegal use of motor vehicles is completely irrelevant.

Among the main signs of illegal actions:

• Active action, not inaction.
• Obtaining the ability to drive a vehicle.
• Illegality of the offender's behavior.
• Lack of free will of the legal user or owner to transfer control of the motor vehicle to the accused person.

The subjective aspect of illegal possession of a motor vehicle is the unlawful intent to possess someone else's car.

Important: it is not a crime to forcefully use a motor vehicle in the following cases:

• An absolute necessity.
• Apparent/necessary defense.
• Mental/physical coercion by stakeholders.
• Detention of the person who committed the crime.
• Execution of a legal order, order.

Assistance of lawyers under Article 289 of the Criminal Code

Theft of a car is one of the most common offenses that occurs in the practical part of the courts. If the location of the stolen car is established, there is a high probability that the case will be sent to court. To prove the offender's guilt, it is enough to conduct several examinations, obtain an expert's opinion and question several witnesses. That is why, in order to prove one's own innocence under Article 289 of the Criminal Code, it is better to immediately enlist the support of professional lawyers. The specialists of Prykhodko and Partners will advise you on the development of the right defense strategy at the pre-trial stage and during the consideration of the case in court.

The first thing to do is to stay calm. Our specialists specialize in criminal cases, and therefore will provide all the necessary advice for a successful conclusion of the case for you.

We provide a whole range of services, namely:

• Consulting a lawyer.
• Acquaintance with the materials of a valid criminal case related to car theft.
• Active participation in various procedural actions.
• Collection of necessary information, evidence, documents.
• Protection of interests of suspects/accused in court.
• Preparation of cassation and appeal.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 289 of the Criminal Code, fill out the form below.