Lawyer under Article 262 of the Criminal Code of Ukraine – Theft, misappropriation, extortion of firearms

The issue of firearms circulation in Ukraine has always been insufficiently regulated. With the beginning of a full-scale war, citizens were granted certain concessions. In particular, some civilians received weapons that belong to the “firearms” category to ensure the suspension and repulsion of the enemy’s armed aggression. Such actions were regulated by Article 1 of the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine”. However, subsequently, the number of cases of illegal use of weapons increased. Theft, appropriation, extortion of firearms are actions that are subject to sanctions under Article 262 of the Criminal Code of Ukraine (hereinafter referred to as the CCU). If you or your loved ones are accused under this article, we recommend using the services of lawyers from the law firm “Prіkhodko & Partners”.

The elements of a crime under Art. 262 of the Criminal Code

Article 9 of the Law of Ukraine "On Ensuring the Participation of Civilians in the Defense of Ukraine" clearly states that a person who was provided with a firearm is obliged to return it within ten days from the moment of the abolition/termination of martial law. If such a return of the weapon to the National Police of Ukraine did not occur, the citizen may face criminal liability under Article 262 of the Criminal Code. If a firearm or unused ammunition was lost, it is necessary to write a corresponding statement to the National Police.

We suggest paying attention to the elements of a crime under the article on Theft, appropriation, extortion of firearms. The object is public safety, namely, securing firearms from uncontrolled access. These actions constitute an increased public danger.

Subject of unlawful actions under Article 262 of the Criminal Code:

• Firearms (exception – hunting, smooth-bore).
• Ammunition.
• Explosive substances, devices.
• Radioactive materials.

The subject of criminal actions under this article is a sane person who has reached the age of 14. As for the subjective side, it is intentional guilt. That is, the suspect must be clearly aware that the object he is trying to take possession of belongs to the category of “weapons, ammunition, explosive devices or substances, radioactive materials”.

Among the qualified types of committing a crime under Article 262 of the Criminal Code of Ukraine:

1. Repetition.
2. Committed by a group of persons in prior conspiracy.

A qualified type of extortion is its combination with violence, which poses a danger to the health and life of other persons.

Liability under the article on Theft, appropriation, extortion of firearms

The degree of liability under Article 262 of the Criminal Code of Ukraine depends on the actions committed:

• Part One.

Theft, extortion, appropriation of firearms. If the suspect is proven guilty, he faces from 3 to 7 years of imprisonment.

• Part Two.

The actions specified in Part One, if there are qualifying signs (prior conspiracy, commission of illegal actions by an official).

Liability - imprisonment for a term of from 5 to 10 years.

• Part Three.

The actions listed in the previous parts, which are accompanied by:

1. Organization.
2. Robbery for the purpose of theft of firearms.
3. Extortion combined with the use of violence that is dangerous to health and life.

The liability for these actions is more severe - from 10 to 15 years of imprisonment with confiscation of property.

If you or your loved ones are accused of committing actions under Article 262 of the Criminal Code of Ukraine, the lawyers of our law firm "Prіkhodko & Partners" will be able to develop an effective algorithm of actions to ensure maximum protection.

Support of a lawyer under Article 262 of the Criminal Code of Ukraine

Lawyers "Prіkhodko & Partners" provide representation and protection of participants in criminal proceedings of various categories and complexity. In particular, we provide services for comprehensive legal support under the article on Abduction, appropriation, extortion of firearms. Our lawyers will be able to become part of a criminal case at any stage: from interrogation to appealing the court decision.

However, we recommend using the help of professional lawyers at the stage of pre-trial investigation. In this case, there is a greater chance of obtaining the desired result for the client: a full acquittal or a significant mitigation of the sentence. If the absence of guilt is proven, our lawyers will be able to lift the seizure of property and will make all necessary efforts to compensate for moral or material damage. You can trust us! Our lawyers guarantee 100% confidentiality and obtaining the desired result.

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