Lawyer under Art. 332 of the Criminal Code – illegal transportation of persons across the state border of Ukraine

During the period of martial law, illegal border crossing schemes became more active. This is due to the ban on the departure of conscripts abroad. It should be understood that the commission of such actions is accompanied by criminal liability, in particular, under Article 332 of the Criminal Code. The first thing to do in such a case is to contact the specialists of our Prykhodko and Partners law office.

Our lawyers under Article 332 of the Criminal Code are highly specialized lawyers who provide reliable protection of individual rights.

Composition of the crime and liability under Article 332 of the Criminal Code

We suggest that you consider the features of this article in more detail. Article 332 of the Criminal Code of Ukraine stipulates responsibility for organizing an illegal border crossing, regardless of the consequences (that is, whether it was possible to cross the state border or not).

Among the organizational actions for which responsibility is provided:

1. Search and capture of people who want to cross the border illegally.
2. Provision of recommendations, instructions.
3. Direct participation in transporting a person to illegally cross the state border.

By the way, regarding the issue of assistance in illegal border crossing. It can be physical or intellectual. In most cases, assistance is manifested in the provision of advisory services, the provision of special means and tools.

It is also important to pay attention to three important terms: "organization", "management" and "facilitation" of illegal smuggling of persons across the state border.

The organization is associated with actions that involve the development of a plan, determining the time and place of illegal border crossing.

Management is an active activity related to the provision of transportation as a component of the commission of criminal acts. As far as facilitation is concerned, it is any act that is aimed at the implementation of illegal transit.

Important: persons who have reached the age of 16 are held liable under Article 332.

Next, we proceed to consider responsibility. This article does not provide for "loyal" punishment in the form of fines, community or community service. Criminal actions under Article 332 of the Criminal Code are classified as actions of special severity. For illegal transportation of persons across the state border, a person faces the following punishment:

• Imprisonment for a term of 2 to 5 years.

This punishment is relevant when committing a crime under this article for the first time.

• Imprisonment for a term of 3 to 7 years.

The criminal acts were committed by a group of persons, according to a prior conspiracy.

Assistance of professional lawyers under Article 332 of the Criminal Code

Every person who is in the status of a suspect/accused under Article 332 of the Criminal Code has the right to protection.

The list of services provided by our lawyers, protecting the interests of their clients under this article, depends on the following factors:

• Qualifying features.
• Circumstances of the crime.
• Identity of the suspect/accused.

First of all, our lawyers will familiarize themselves with the materials of the active criminal proceedings. We will study all the motives of criminal actions and check the evidence base.

In addition, if necessary, we will challenge the actions/inactions of the prosecutor or investigator, which caused a violation of the freedoms, interests and legal rights of a person. Our lawyers are active participants in investigative actions. We are engaged in the preparation of complaints, petitions, statements. Our specialists protect the client's interests both at the pre-trial investigation stage and in court.

So, if you are charged under Article 332 of the Criminal Code, the first thing you need to do is to contact the lawyers Prykhodko and Partners for help. We have the necessary theoretical knowledge, practical experience of participation in rights of any complexity. Each of our clients can count on an individual approach and high professionalism.

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