Unlawful possession of a vehicle – a lawyer in a car theft case

According to statistics, with the beginning of the full-scale war in February 2022, the number of crimes related to the illegal seizure of vehicles has significantly increased. In particular, there are frequent cases when the main purpose of stealing cars is to commit fraudulent acts and disassemble them for spare parts for the purpose of sale. Today, cases related to the illegal seizure of a vehicle are criminal offenses. These actions are subject to sanctions under Article 289 of the Criminal Code of Ukraine. If you need a lawyer in a car theft case, the specialists of our law firm “Prykhodko & Partners” will be able to help you in this matter.

The elements of a crime under Article 289 of the Criminal Code of Ukraine

The elements of a crime under Article 289 of the Criminal Code of Ukraine  (hereinafter referred to as the CCU) must be established as a result of investigative actions. That is why we propose to consider the subject and object of unlawful conduct under this article.

The subject of a crime under Article 289 of the CCU is any vehicle (car, trolleybuses, trams, motorcycles, etc.). The object is the right of ownership that was violated as a result of the theft of a car. An individual and a legal entity may act as the injured party.

The subject is a person who at the time of the crime was 16 years old. In some cases, persons who have reached the age of 14 may be held liable (Part Two of Article 22 of the Criminal Code).

The objective side of criminal behavior under the article on car theft is taking possession of the vehicle without obtaining the appropriate right to do so. It does not matter at all how the offense was committed and for what time.

Among the main signs of car theft:

1. Activity of actions.
2. As a result of committing illegal actions, the perpetrator gets the opportunity to drive the vehicle.
3. The behavior of a person suspected under Article 289 of the Criminal Code of Ukraine is completely illegal.
4. Lack of free will of the legal user or owner of the vehicle.

Among the subjective signs of unlawful conduct under the article on car theft is the presence of unlawful intent.

Important: the use of transport is not a crime due to the following forced factors that do not directly depend on the person:

• Urgent necessity.
• Defense (necessary or imaginary).
• Detention of a person suspected of committing a criminal offense.
• Execution of an order, command that has legal grounds (this applies mainly to military personnel).
• Coercion (mental or physical) on the part of interested parties.

Liability under the article on car theft

We propose to consider in more detail the issue of liability under the article on vehicle theft.

Part one - illegal seizure of a vehicle. Liability:

• Fine - up to 200 NMDG.
• Restriction/deprivation of liberty - up to 5 years.

Parts two and three of Article 289 of the Criminal Code of Ukraine indicate aggravating factors for committing illegal actions. Part two - repetition; combination with violence; commission by a group of persons. Such actions are punishable by imprisonment for a term of up to 8 years, with or without confiscation of property.

Part three - organization; combination with violence; danger to the health/life of the victim - imprisonment for a term of up to 12 years with or without confiscation of property.

In Part Four, the legislator provides grounds for exempting a person from liability under Article 289 of the Criminal Code of Ukraine. This primarily concerns the voluntary return of a car or other vehicle to the owner and full compensation for damages caused by unlawful behavior.

Stolen car: what to do?

If your car or other vehicle is stolen, the first thing you need to do is contact law enforcement as soon as possible, providing all the necessary information:

• Detailed information about the car (state registration number, color, make, model, other characteristics).
• Circumstances of the car theft (method of theft, time, presence of witnesses, etc.).
• Personal data of the applicant.

The above information must be recorded in writing and registered.

The second step is to enlist the support of a lawyer. The specialists of our law firm "Prykhodko and Partners" will ensure that the vehicle is returned to its rightful owner as quickly as possible.

If you are accused under Article 289 of the Criminal Code of Ukraine, we recommend that you remain calm and not give any testimony without a lawyer. If possible, you should provide the investigating authorities with evidence that you were not involved in the car theft. After a detailed study of the case materials, the lawyers of "Prykhodko & Partners" will develop an effective defense strategy.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services in a car theft case, fill out the form below.