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  • Article Lawyer under Art. 410 of the Criminal Code – Stealing, misappropriation, extortion by a military serviceman of weapons, military supplies, explosives or other combat substances, means of transportation, military and special equipment or other military property, as well as taking possession of them by fraud or abuse of official position
Lawyer under Art. 410 of the Criminal Code – Stealing, misappropriation, extortion by a military serviceman of weapons, military supplies, explosives or other combat substances, means of transportation, military and special equipment or other military property, as well as taking possession of them by fraud or abuse of official position

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Khyzhniak Kseniia

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Lawyer under Art. 410 of the Criminal Code – Stealing, misappropriation, extortion by a military serviceman of weapons, military supplies, explosives or other combat substances, means of transportation, military and special equipment or other military property, as well as taking possession of them by fraud or abuse of official position

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According to current Ukrainian legislation, military property is now under special protection. Despite this, criminal proceedings under Article 410 of the Criminal Code of Ukraine – kidnapping, extortion, misappropriation of combat supplies, weapons, means of transportation, etc. by military personnel – are quite common. If such actions lead to irreparable consequences (human casualties, terrorist attacks), the person can be subject to the most severe punishment. If you need a lawyer under Article 410 of the Criminal Code, contact the lawyers of our Prykhodko and Partners law office.

 

Problems related to criminal cases against the military

In most cases, criminal proceedings related to the commission of war crimes by military personnel are conducted in the absence of the accused. In such cases, special attention is paid to ensuring the basic principles of valid criminal proceedings.

Before protecting the rights of servicemen, the first thing Prykhodko and Partners lawyers start with is the legal definition of the serviceman's guilt. According to the current Ukrainian legislation, everyone who performs military duty must comply with the orders of the command.

For each specific case, the investigation must find out all the circumstances of this or that case. However, in practice, the situation looks different: investigative actions mainly focus on proving the guilt of the suspect/accused.

That is why the main task of the lawyers is to prove the guiltlessness of the accused.

Lawyers Prykhodko and Partners will be able to prove the existence of circumstances that forced a serviceman to commit actions related to the theft or appropriation of weapons, military supplies, etc.

 

Liability under Article 410 of the Criminal Code

Article 410 of the Criminal Code describes in detail the objective side of this offense. Everything depends on the offense committed.

For example, restriction of freedom for a period of 3 to 8 years threatens the suspect for extortion, theft/appropriation of ammunition and other types of weapons. Additionally, the first part of Article 410 of the Criminal Code deals with criminal liability for fraudulent actions or abuse of official duties by a person.

Military property is distinguished by the presence of a special legal regime for its protection and use. That is why Article 410 was added to the Criminal Code.

Assistance of professional lawyers under Article 410 of the Criminal Code

As evidenced by the practice of cases under Article 410 of the Criminal Code, proving the guilt of a serviceman who is suspected in this case will not pose any difficulties for the investigation. This is explained by the fact that all material assets in the military unit are under constant control. The main goal of the investigation in such a situation is the prompt implementation of all necessary investigative actions and the collection of evidence. The ideal option is the recovery of stolen property.

However, situations often arise when cases under Article 410 of the Criminal Code are completely fabricated. The main goal of management in this case is to protect its own rights and interests. Lawyers Prykhodko and Partners will be able to prove that the serviceman is not guilty. For this, we will conduct all necessary examinations and investigative actions. Our experts will make the necessary efforts to close illegal criminal proceedings under Article 410 of the Criminal Code.

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