A lawyer in the case of embezzlement of state property or funds

Actions accompanied by the theft of state property or funds belong to crimes against private property. Most often, such actions are carried out by abuse of official position. For Ukraine, such matters are painful enough, especially in the conditions of a full-scale war. Unfortunately, over the past year, the number of criminal proceedings related to theft of state property or funds has increased significantly. Such illegal actions are reflected in Article 191 of the Criminal Code of Ukraine. If you need a lawyer for this article, the specialists of Prykhodko and Partners will be able to help you with this.

The objective side of criminal acts under Article 191 of the Criminal Code

Today, criminal offenses under Article 191 of the Criminal Code are the most widespread in the field of economic crimes.

The objective side of the composition of the crime under this article:

1. Appropriation of someone else’s property. This is property that was owned by another person.
2. Theft of state property.
3. Possession of property/funds based on use of official position.

Among the qualifying features of the commission of this crime:  repetition; committing in particularly large sizes; committing illegal acts by an organized group.

Most often, embezzlement of state property or funds is carried out by an official.

The main feature that distinguishes criminal actions related to the embezzlement of funds/state property from other similar crimes is the following: the property is in the possession or rightful possession of this person by virtue of his official position.

This crime is characterized by the presence of a selfish motive or direct intent. Law enforcement officers and investigative bodies must prove that such motives really existed.

Among the features of proving guilt under Article 191 of the Criminal Code is difficulty for the prosecution. It is necessary to remove and analyze a large amount of documentation, to carry out the necessary investigative actions. An economic examination must also be carried out, during which the following will be established: the amount of damages, the conduct of investigative actions, etc.

Who can be liable for the theft of state property?

When building the right defense strategy, you need to be guided, first of all, by whether you can be charged with any charges under the article on embezzlement of state property. Article 191 of the Criminal Code applies to persons who:

1. They officially hold a position related to the circulation of trade and material values.
2. They signed an agreement on consent to financial responsibility.
3. The transfer of material responsibility is legally confirmed.

Secondly, it is necessary to distinguish between the concepts of “theft of property” and “appropriation of property”.

Theft of property consists in its illegal gratuitous alienation. Most often, this is the next stage after appropriation. The basis of the appropriation of property is the gratuitous illegal holding of property that was entrusted to the suspect.

Liability provided for embezzlement of state property/funds

Liability under Article 191 of the Criminal Code – restriction of freedom for a period of up to 5 years.

Alternative punishment under this article: deprivation of liberty for up to 5 years, ban on occupying certain positions, occupation for a period of up to 3 years.

The law provides for a more severe sanction in the presence of aggravating factors – deprivation of liberty for a term of 3 to 12 years. It is important: among the aggravating circumstances is the commission of criminal acts under the article on the theft of state property in conditions of emergency, in particular, wartime. Persons may be held liable under Article 191 of the Criminal Code for aiding/inciting such activities.

At the lawyer’s consultation, it is determined which position is best for the suspect to take in this case: admit guilt, compensate for the damage caused, prove his own innocence.

The following can help in cases of embezzlement of state property or funds:

1. Refuting the presence of any signs of criminal activity (ie, proving the absence of embezzlement).
2. No harm.
3. Submission of a package of documents that will prove the guilt of the suspect/accused.

Important: proving a person’s guilt is the direct responsibility of the prosecution. A lawyer provides protection against the risk of criminal prosecution.

Specialists Prykhodko and Partners provide a full range of services under Article 191 of the Civil Code:

• Consultancy.
• Familiarization and analysis of case materials.
• Control over the legality of all actions of law enforcement officers.
• Appealing the decision of the investigating judge.
• Initiation of necessary investigative actions.
• Preparation of the client to participate in interrogations and court sessions.

The main goal of our activity is to obtain the desired result for the client. Reviews of our clients are the best indicator of the performance of our lawyers.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services in a case of embezzlement of state property or funds, fill out the form below.