Lawyer under Article 190 of the Criminal Code – Fraud

The economy of any state has its own individual characteristics. Transformational processes in Ukraine are quite difficult. Against the background of a full-scale invasion, crisis phenomena in the social, economic, political and cultural spheres intensified. Today, the issue of combating economic crime, in particular, fraudulent activities, is a very relevant issue. Law office Prykhodko and Partners offers the services of a lawyer under Article 190 of the Criminal Code of Ukraine - Fraud.

Peculiarities of illegal actions under Article 190 of the Criminal Code

It is no secret that the development of market relations is very often accompanied by the emergence of various forms of fraudulent actions in the economic sphere. How is the concept of "fraud" interpreted in current Ukrainian legislation? This is illegal taking of other people's property. At the heart of any fraudulent activity is deception or abuse of trust.

If we are talking about the economic activities of enterprises, in the vast majority of cases fraudulent actions are committed in the following areas:

1. Trade.
2. Lending.
3. Banking sphere.
4. The field of insurance.
5. Services.
6. The process of privatization of property of various forms of ownership (communal, state, etc.).

The subject of a criminal offense under Article 190 of the Criminal Code of Ukraine is property. And in this regard, it does not matter at all whether the property is owned by legal entities or individuals. The right to documented property (powers of attorney, securities, etc.) can also be called the subject of a crime.

Note the distinction between the terms "fraud" and "breach of trust".

At the heart of the deception is the performance of purposeful actions that have the following goal in mind: to assure the victim of the profitability of the procedure for transferring the right to property or the property itself. For this purpose, the victim is informed of deliberately falsified information.

As for abuse of trust, it is the dishonest use of a relationship that is based on trust. Most often, such relationships are formed in the process of personal acquaintance, civil, legal, labor relations, etc.

What is the liability for fraud?

To begin with, we note that fraud is based on the voluntary transfer of the victim's property to a third party. Therefore, criminal liability can be brought under this article if the suspect has direct intent (the person must be aware of the illegality of his own actions, public danger, etc.) and a selfish goal.

Quite often, prosecution and defense parties cannot agree on the distinction between fraud and violations that are of a civil law nature.

A criminal case under Article 190 of the Criminal Code is initiated in cases where the losses amount to at least 0.2 NMDH. In the presence of smaller losses, we are talking about administrative responsibility.

Fraudulent actions are subject to the following penalties: fines, community/correctional work, restriction/imprisonment.

In the presence of aggravating circumstances (commitment by a group of persons based on a prior conspiracy, causing significant damage to the victim), imprisonment for up to 12 years with confiscation of property is provided for (parts 3-4 of Article 190 of the Criminal Code).

Of course, the court must make a decision, necessarily taking into account: the identity of the defendant, the gravity of the crime and other circumstances.

Lawyers Prykhodko and Partners will make all necessary efforts to acquit the accused, lighten or mitigate the punishment.

Our lawyers have the necessary theoretical and practical skills for quality protection of each of our clients.

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