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Фото: Lawyer under Article 255 of the Criminal Code – Creation, management of a criminal community or criminal organization, as well as participation in it

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Zvonenko Olena

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Lawyer under Article 255 of the Criminal Code – Creation, management of a criminal community or criminal organization, as well as participation in it

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In the Criminal Code of Ukraine, almost every article states that previous group conspiracy is an aggravating qualifying circumstance. A group conspiracy involves the participation of 2 or more people. These can be, for example, the organizer and executor of illegal actions, executors, etc. If you need a lawyer under Article 255 of the Criminal Code of Ukraine, the specialists of our Prykhodko and Partners law office will help you defend your rights and interests.

 

Normative base according to Article 255 of the Criminal Code

First, let's define what a criminal group is. These are two or more persons who committed an illegal act together. As for an organized group, it is a stable association of three or more accomplices. A criminal organization consists of 5 or more persons who:

  • Committed serious and especially serious crimes.
  • Manage or coordinate the illegal activities of other subjects.
  • They ensure the functioning of the criminal organization.

If a person is part of a criminal community, he may face criminal punishment at the moment when all other participants in the criminal proceedings are convicted. This can be, for example, an article for contract murder, terrorist attack, kidnapping, theft, etc.

The object of encroachments under this article is public safety. The above-mentioned criminal formations are engaged in the development and execution of serious or particularly serious crimes. Most often, such crimes potentially threaten personal freedom, health, and in some cases, the life of a person. Such actions can undermine the authority of state authorities, harm social and economic stability.

The objective side of criminal acts under Article 255 of the Criminal Code are:

  • Organization of a criminal group.
  • Management of such a group or part of it.
  • Participation in a criminal organization.

The subjective aspect of criminal acts under the specified article is the presence of direct intent. That is, the person guilty of committing criminal acts must be aware of the consequences of creating, managing or participating in an illegal formation that is aimed at violating the current criminal legislation.

According to Article 255 of the Criminal Code, any person over the age of 16 acts as a vessel subject.

Consultation of a lawyer under Article 255 of the Criminal Code

Liability under Article 255 of the Criminal Code of Ukraine

In order to prosecute under Article 255 of the Criminal Code, it is not necessary to wait for the criminal intent to be implemented by an organized group. It is enough to prove involvement in such an organization:

  • Imprisonment for a term of 5 to 12 years with confiscation of property - participation in the activities of a criminal organization.
  • Imprisonment for a term of 7 to 12 years with confiscation of property - creation or management of a criminal organization.

If the position of an official was used in the process of creating a criminal community, the following liability is provided:

  • Imprisonment for a term of 8 to 13 years with confiscation of property.
  • Imprisonment for a term of 10 to 15 years with confiscation of property - creation/management of a criminal community.
  • Deprivation of liberty for a term of 12 to 15 years with confiscation of property - for organizing a criminal group "thief in law".

 

Assistance of a lawyer under Article 255 of the Criminal Code

The only option to reduce the punishment under Article 255 of the Criminal Code is cooperation with law enforcement officials. For this you need:

  • Before serving the suspicion, voluntarily inform the law enforcement officers about the creation/participation in a criminal group.
  • Actively assisting in the detection of criminal acts.

Important: leaders and organizers of criminal structures cannot use the above norm. All other suspects are presumed innocent. It is effective until the guilty verdict enters into force. Prykhodko and Partners lawyers consider each specific case individually and formulate an effective defense strategy.

A lawyer under Article 255 of the Criminal Code

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Specializes in crimes in the military sphere, and is also an expert in criminal offenses against traffic safety and operation of transport

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