Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and sol

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Lawyer under Article 302 of the Criminal Code – Creation or maintenance of places of debauchery and sol

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According to the current Ukrainian legislation, prostitution is outside the scope of the law. One of the articles of the Criminal Code of Ukraine, which regulates responsibility for creating or maintaining places of debauchery and prostitution, is Article 302 of the Criminal Code of Ukraine.

 

Legislative framework of the issue

Let's start with the very definition of what fornication is.

Fornication is uncontrolled sexual relations or the realization of one's own sexual needs by various, including unnatural, methods.

The main purpose of such activity is to receive a monetary reward (it can be not only funds, but also other values that belong to material).

Arranging places of debauchery, like solicitation, is a criminal act. The main public danger of such actions lies in the high level of crime (the income from such "business" is obtained illegally) and the risk of the spread of venereal and other diseases.

A place of debauchery is a room that can be located in both residential and non-residential housing. These premises are used for lewd acts and prostitution. The organization of such places (that is, their creation) is the implementation of a whole set of actions aimed at ensuring the functioning of places of prostitution and debauchery. This concept begins with finding a room and ends with equipping it with appropriate items.

As for whistle-blowing, it is a criminal act, the essence of which is the performance of intermediary actions. Among the main features of this criminal offense is the provision of sexual services for a specified amount of money.

Article 302 of the Criminal Code: what does the degree of responsibility depend on?

Criminal liability under Article 302 of the Criminal Code depends on the severity of the crime:

  • Organization and maintenance of such places - fines or restriction of liberty for a period of up to 2 years.
  • Procuring and obtaining places of debauchery for the purpose of obtaining income or repeating a similar act - restriction/deprivation of liberty for a term of up to 5 years.

Important: persons over the age of 16 may be held liable under Article 302 of the Criminal Code.

It is also worth paying attention to the following: court practice related to cases under Article 302 of the Criminal Code has enough nuances. Its imperfection is connected, first of all, with the difficulty of distinguishing the concepts "organization of places of debauchery" and "pimping".

 

Services of professional lawyers under Article 302 of the Criminal Code

If you are charged under Article 302 of the Criminal Code, the first step you need to take is to contact professional lawyers. Lawyers Prykhodko and Partners will be able to develop the right defense strategy, and will also be able to collect evidence base that will make it possible to disprove the client's guilt.

Our lawyers represent the interests of clients both at the pretrial stage of criminal proceedings and directly in court. As part of any criminal case, our lawyers:

  • Active participants in all investigative measures.
  • They monitor that the investigators respect the suspect's rights.
  • They familiarize themselves with the case materials.
  • They fully exercise all powers and procedural rights provided for by current Ukrainian legislation.
  • Petitions are filed, judgments are appealed in the cassation and appeal procedures (if necessary).
  • They represent the interests of the client in every way.

Our lawyers also represent the interests of witnesses and the injured party under Article 302 of the Criminal Code. We provide a full range of professional legal assistance. If necessary, we can apply to the representatives of internal affairs bodies to initiate criminal proceedings. Our lawyers will be able to represent your interests at each stage of the criminal case.

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