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Legalization (laundering) of money. Liability and price of a lawyer’s assistance under Article 209 of the Code of Criminal Procedure

Legalization (laundering) of money. Liability and price of a lawyer’s assistance under Article 209 of the Code of Criminal Procedure

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Every state has its own individual economic development. It is impossible to find countries with the same economy in the world. In particular, legalization (laundering) of money is an urgent problem in Ukraine. In this article, we will consider what responsibility is provided for the legalization of money and analyze the factors that depend on the price of a lawyer's assistance under Article 209 of the Criminal Code.

 

The measure of responsibility under Article 209 of the Criminal Code

Article 209 of the Criminal Code is based on responsibility for laundering income that was obtained illegally, that is, as a result of committing illegal actions.

The subject of criminal acts under Article 209 of the Criminal Code is property, funds obtained by committing illegal acts.

Among the ways of committing an offense under the article on money laundering:

  • Making dubious deals and conducting illegal transactions with money and property.
  • Masking (hiding) the fact of illegal origin of property/funds.
  • Acquisition, use or possession of funds and property that were obtained as a result of committing other illegal actions.

Legalization (laundering) of money.

The object of criminal actions under Article 209 of the Criminal Code is the procedure for conducting professional activities established by current legislation.

The objective side can be expressed in the form of one of the following forms:

  • Carrying out financial transactions related to money laundering.
  • Illegal use of funds.
  • Creation of organized groups in Ukraine and abroad for the legalization of funds.

The subject of criminal acts under Article 209 of the Criminal Code is a reprehensible person who has direct intent.

The criminal offense under Article 209 of the Criminal Code belongs to the category of particularly serious. We propose to characterize in more detail the degree of punishment under the article on legalization (laundering) of money:

Part of the article Committed offense Liability
Part one Legalization of funds.
  • Imprisonment for up to 6 years.
  • Deprivation of the right to engage in certain activities.
  • Confiscation of property.
Part two Money laundering with aggravating circumstances:

  • Reoffending.
  • Committing by a group of persons by prior conspiracy.
  • In especially large sizes.
  • Imprisonment for up to 8 years.
  • Prohibition on engaging in certain activities.
  • Confiscation of property.
Part three The above actions are accompanied by aggravating circumstances:

  • Action by an organized group.
  • The commission of criminal acts on a particularly large scale.
  • Imprisonment for up to 12 years.
  • Prohibition on engaging in certain activities.
  • Confiscation of property.

It is worth noting that representatives of law enforcement agencies do not always identify signs of money laundering as a criminal act. As for the suspicion of money laundering, it is announced only in cases where there is an appropriate evidence base. In any case, it is best to enlist the support of a professional lawyer.

 

Actions of a lawyer under Article 209 of the Criminal Code

A lawyer under Article 209 of the Criminal Code provides a full range of services: from consulting to protecting the client's interests in court. The specialists of Prykhodko and Partners will analyze the reasons for the validity of the evidentiary base of the prosecution. We will assess the likelihood of bringing the defendant to justice for money laundering.

Actions of a lawyer under Article 209 of the Criminal Code

It is better to involve a professional lawyer at the stage of pre-trial investigation. Thus, there are more chances to get the desired result.

If the client was detained, we will be able to quickly check the legality of this procedure. If, as a result of the inspection, it is found that the detention took place illegally, our lawyers will be able to submit appropriate complaints to the regulatory authorities.

Choosing a preventive measure is a very important stage. The specialists of Prykhodko and Partners will be able to provide facts for the selection of a milder preventive measure. In some cases, it is possible to refuse its use altogether.

The investigation and the court will receive evidence - confirmation of the client's innocence or grounds that will allow the punishment to be significantly reduced. We will provide comprehensive legal assistance in the process of conducting investigative actions (interrogation, search, experiment, etc.).

In addition, lawyers Prykhodko and Partners:

  • Actions/inactions of law enforcement representatives are challenged.
  • Initiate appeals to experts to implement protection important for the client.
  • The verdict is challenged in the cassation/appeal procedure.
  • Decisions of the investigative judge or the court are appealed.

The main thing for our lawyers is to achieve the desired result for the client. The key to our long-term success is an individual assistance strategy for each client.

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