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Lawyer under Article 258 of the Criminal Code of Ukraine – Terrorist Act
Table of Contents:
A terrorist act belongs to the category of socially dangerous criminal offenses. The basis of any terrorist act is the commission of actions that pose a direct threat to the health and life of people, as well as to the safety of society. These actions are subject to criminal liability under Article 258 of the Criminal Code of Ukraine (hereinafter referred to as the CCU). In this article, we will consider the composition and characteristics of the crime, the assistance of a lawyer under Article 258 of the CCU - Terrorist act.
Characteristics of a terrorist act
According to generally accepted definitions, terrorism is considered the purposeful use of threats or violence to achieve desired goals. The methods used in this case are: torture, murder, other encroachments on the health or life of people, etc. In a broader sense, a terrorist act begins with planning and ends with the implementation of the intention. The intention can be implemented through:
- Voicing threats.
- Demonstration of weapons, explosives, etc.
- Use of weapons and their components.
- Committing direct actions - arson, explosion, etc.
- Causing significant damage to private property.
- Creating a direct threat to the health and life of the population.
Each of the listed acts in the Criminal Code of Ukraine is qualified by separate articles. This is due to the fact that threats, committing illegal actions have a different goal - taking possession of someone else's property, reprisals against business competitors, etc.
In what cases is an event defined as a terrorist act? The following elements must be present in the basis of the actions of the perpetrators:
- Publication of social, religious or political slogans.
- Requirements for representatives of government bodies at the local, state or international levels.
- Influence through a terrorist act on representatives of public organizations, management of institutions, etc.
- The desire to attract the attention of as many people as possible.
If a terrorist act provoked a conflict between paramilitary groups, a violation of state security, or a complication of the international situation, such actions can be qualified under Article 258 of the Criminal Code of Ukraine.
A charge under the specified article is brought only after the defendant's actions contain the above-listed elements of a criminal offense.
Investigative bodies must verify the following circumstances:
- The presence of an object of illegal activity, i.e., public security.
Additional objects include the health and life of people, private property, legitimate rights and interests of citizens of Ukraine. The objective side of criminal actions under Article 258 of the Criminal Code includes actions related to intimidation of the population, drawing attention to the demands of terrorists, initiating a conflict between individual social groups, states, etc.
Article 258 of the Criminal Code of Ukraine: Liability
The degree of liability under the article on the commission of a terrorist act depends on the actions of the suspect:
| Part of Article 258 of the Criminal Code | Unlawful actions | Liability |
| Part One | Committing a terrorist act:
|
Imprisonment for a term of 5 to 10 years.
Confiscation of property. |
| Part Two | The actions specified in the first part, with additional circumstances that aggravate the consequences of a terrorist act: repetition; prior conspiracy of a group of persons; causing significant damage to property; causing serious consequences. | Imprisonment for a term of 7 to 12 years.
Confiscation of property. |
| Part Three | The actions listed in the previous parts that provoked the death of a person or group of persons. | Imprisonment for a term of 10 to 15 years.
Life imprisonment Confiscation of property |
Parts four and five were excluded. Part six states that exemption from criminal liability under Article 258 of the Criminal Code of Ukraine is possible subject to voluntary notification to law enforcement agencies of this crime, assistance in its disclosure or prevention.
Lawyer under Article 258 of the Criminal Code
Lawyers of the law firm "Prikhodko & Partners" have the necessary theoretical training and extensive practical experience in representing the interests of participants in criminal proceedings under Article 258 of the Criminal Code - Terrorist Act.
If you are a witness in criminal proceedings, we recommend that you adhere to the following rules:
- Do not panic, remain calm.
- Be sure to enlist the support of a professional lawyer.
- Do not give any testimony from agreements with a lawyer.
A qualified lawyer in a terrorist attack case will be able to help the suspect in the criminal proceedings. Our specialists will prepare all the necessary documents and represent your legitimate interests in court. To obtain the desired result, we recommend that you do everything possible to protect yourself as quickly as possible, namely, enlist the support of professional lawyers from Prikhodko & Partners.
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