Lawyer under Article 198 of the Criminal Code – Purchase, receipt, storage or sale of property obtained by criminal illegal means

Criminal actions against private property are among the most common crimes. In particular, it refers to Article 198 of the Criminal Code of Ukraine - Purchase, receipt, storage or sale of property obtained by criminal illegal means. If you need the help of lawyers for this article, the specialists of our law office Prykhodko and Partners are ready to help you.

Features of the qualification of the crime

When qualifying an offense under Article 198 of the Criminal Code, it is important to distinguish such features as

• Forms of committing a crime

The acquisition of property, which was obtained by criminal property, is distinguished in the following forms:

1. Marketing.
2. Acquisition.
3. Storage.

It is very important to distinguish between these forms.

• The subjective side

The main component of the subjective aspect of criminal acts under Article 198 of the Criminal Code is the presence of direct intent. The person must be fully aware that this property was obtained illegally.

• The objective side

Each of the above-mentioned criminal acts consists of various manipulations and is characterized by the implementation of specific acts: sale for future sale, acquisition for obtaining property, storage for temporary maintenance of property.

• The subject of criminal acts

The subject of the crime is a competent person who has reached the age of 16.

• Completion of the crime

The crime is considered completed from the moment when the sale, purchase or storage of the property was actually carried out. According to the law, complicity is also considered a criminal act.

• Special prohibition

Acquisition/production of property that has a special prohibition may have a different qualification.

The degree of responsibility under this article depends on the severity of the offense committed:

1. Administrative fines.
2. Arrest for up to 6 months.
3. Restriction of freedom for up to 3 years.
4. Imprisonment for up to 3 years.

Important: the concept of "acquiring property by criminal and illegal means" is considered a socially dangerous act. However, in some cases, a person may be exempted from criminal liability. Among the reasons:

• Imprudence
• Not reaching the minimum age.
• Expiration of the terms of bringing a person to justice.

Assistance of a lawyer under Article 198 of the Criminal Code

For representatives of law enforcement agencies, it will not be difficult to prove an offense under Article 198 of the Criminal Code. Here, only one thing is enough - a person must be aware of the consequences of his own activity.

If you are suspected or accused under Article 198 of the Criminal Code, it is better to get qualified support from professional lawyers. Specialists Prykhodko and Partners will not only be able to challenge the charge that was brought, but also provide the necessary evidence base for the investigator, judge or prosecutor. This evidence base can become the basis for obtaining an acquittal and ensuring the full rehabilitation of the client.

As practice shows, the involvement of a professional lawyer at each of the stages of criminal proceedings allows to protect the interests of each of the parties as efficiently as possible. In some cases, this allows the case to be completely closed at the stage of the pre-trial investigation.

Our attorneys are extremely helpful in matters involving witnesses, investigators, victims, and law enforcement. We guarantee the provision of highly qualified assistance of a lawyer. In the process of conducting a search and other actions within the framework of criminal proceedings, our lawyers will ensure compliance with all norms of current legislation.

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