Lawyer under Article 191 of the Criminal Code – appropriation, waste of property or possession of it by abuse of official position

Corruption offenses are among the most common crimes in modern Ukraine. In particular, we are talking about Article 191 of the Criminal Code of Ukraine. The components of this article are embezzlement, waste of property, taking possession of property by abuse of official position. Our experts – lawyers Prykhodko and Partners will tell you in detail about this group of crimes.

Liability provided for in Article 191 of the Criminal Code

The liability provided for in Article 191 of the Criminal Code is characterized by different severity of punishment: from fines to imprisonment for a term of up to twelve years. In addition, the article provides:

• Corrective works.
• Limitation of will.
• Confiscation of property.
• Deprivation of the right to carry out certain activities and hold certain positions.

To better understand the problem, let’s describe the objective side of the crime under Article 191 of the Criminal Code. To begin with, we note that the object of the criminal case is social relations that are protected by the legislation of Ukraine.

The objective side of the crime is characterized by the following components:

• Embezzlement

Waste is illegal and gratuitous spending of property. It can be an exchange, use, transfer of someone else’s property to repay debts. In particular, current Ukrainian legislation provides for criminal liability under this article.

• Appropriation

We are talking about the gratuitous and illegal seizure of someone else’s property by the accused. The goal is to use it for your own benefit or for the benefit of others. That is, at the expense of appropriation, the material situation of a person improves.

• Abuse of one’s official position

A certain person with a relevant official position violates his own authority by using administrative functions for illegal and gratuitous use of someone else’s property.

The subjective side of the crime is direct intent and the presence of selfish motives.

A very important role in determining the degree of punishment is assigned to such factors as: repetition of actions and scale of the crime. In addition, a more severe punishment is provided for the commission of a crime under a state of emergency or martial law.

Assistance of professional lawyers under Article 191 of the Criminal Code of Ukraine

To build an effective defense strategy, it is better to involve professional lawyers at the interrogation stage.

Defense of the accused under Article 191 of the Criminal Code is one of the areas of activity of Prykhodko and Partners lawyers.

It will depend on the professional actions of the lawyers how painless the investigation will be for the client and what the final result will be, namely: whether the case will go to trial, how severe the punishment will be, etc. That is why the timely construction of high-quality protection is very important.

To begin with, we will find out whether all the necessary documents are available: orders, job descriptions, powers of attorney, contracts, etc. Our lawyers will familiarize themselves with and analyze the documents that are the basis for forming the indictment by the investigating judge and the prosecutor.

In addition, lawyers Prykhodko and Partners:

• They monitor how legal the actions of the investigators are.
• The actions/inaction of the investigator, as well as the rulings of the investigating judge, are appealed.
• Initiate necessary investigative actions (if necessary).
• The defendants will be qualitatively prepared for interrogations and court hearings.

We apply an individual approach to each specific situation.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services under Article 191 of the Criminal Code of Ukraine, fill out the form below.