Theft. A lawyer under Article 185 of the Criminal Code during martial law

In the everyday life of citizens, crimes against private property occur very often. The concept of theft is clearly defined in the current Ukrainian legislation. Thus, part one of Article 185 of the Criminal Code of Ukraine states that

theft is the secret theft of someone else's property (property).

This article provides for criminal liability. Some corrections to this article have been made since the introduction of martial law in Ukraine. What exactly has changed? Our experts - lawyers Prykhodko and Partners will tell you about this and other things.

Liability under Article 185 of the Criminal Code under martial law

Theft is a criminal offense in many jurisdictions. The punishment for theft depends on various circumstances, including the presence of previous crimes, the amount of stolen property, and other circumstances.

With the introduction of martial law, a number of changes to the Civil Code were adopted. In particular, criminal liability for committing a number of crimes was strengthened.

Let's start with the fact that the Criminal Code provides for liability for a large number of various criminal offenses.

In March 2022, changes were made, for example, to Article 185 of the Criminal Code. Before that, theft was not considered a crime. Actions under Article 185 of the Criminal Code were classified as a criminal misdemeanor. The punishment provided for in this article consisted of fines (up to 17 thousand hryvnias). The maximum punishment is up to 5 years of imprisonment. Only in the presence of aggravating circumstances (repeated commission, by a group of persons, according to a previous conspiracy, with penetration into a dwelling, etc.) was a harsher punishment - deprivation of liberty - provided for.

With the introduction of martial law, theft received a different qualification. Committing theft in the conditions of a state of emergency or martial law is immediately qualified under the fourth part of Article 185 of the Criminal Code of Ukraine. The punishment stipulated by this part of Article 185 of the Criminal Code is imprisonment for a term of 5 to 8 years.

Assistance of a lawyer under Article 185 of the Criminal Code

If you or your relatives are accused under Article 185 of the Criminal Code, the first thing you need to do is to enlist the support of professional lawyers. As mentioned above, theft is punishable by imprisonment. Lawyers Prykhodko and Partners will be able to build a high-quality line of defense that will be key in protecting your interests both at the pre-trial stage and in court. We will be able to gather all the necessary facts and evidence that will prove the suspect's innocence.

An important step that you should take immediately after being charged under Article 185 of the Criminal Code is to contact our lawyers. We will do everything else for you.

The law provides for termination of the case in connection with the reconciliation of the parties, that is, between the investigator, the inquirer and the court. Our lawyers will do everything necessary for the court to make a final decision on the termination of the criminal case. We have extensive experience in participating in cases under Article 185 of the Criminal Code. Thanks to the considerable experience of investigative work, we can easily identify the weak points of the investigation. Our attorneys will be able to use this to build a strong line of defense.

Prykhodko and Partners lawyers offer a full range of services:

• Consultancy.
• Study and analysis of criminal case materials.
• Active participation in all actions related to the investigation.
• Defending the accused at the pre-trial stage and in court.

Our activities do not go beyond the current legal framework.
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